THE former Minister for Foreign Affairs, Mr Ray Burke, may not be calling on legal representatives to cross-examine Mr James Gogarty, the chief witness, on his behalf.
There has been no sign at the tribunal of any legal representatives on behalf of Mr Burke for several weeks, during much of Mr Gogarty's direct evidence and the cross-examination by lawyers for the Murphys and JMSE.
As cross-examination by lawyers for the Baileys and Bovale begins, it is understood the tribunal has been given no information on the situation concerning Mr Burke and they do not know if any legal representatives will present themselves at the tribunal during the coming weeks. Legal sources indicated that although cross-examination was a matter for Mr Burke, it was usual, if somebody intended to cross-examine, that at least one legal representative would be present at the hearings. Mr Burke's legal team would have to cross-examine on the evidence Mr Gogarty gave, a source said. They may have been sending for transcripts of the day's hearings but they really needed to be present for the evidence.
The source said he believed there may not be a cross-examination by Mr Burke's legal team.
On Monday morning Mr Colm Allen SC, for the Baileys and Bovale, is expected to begin his cross-examination, and this could last up to two weeks or more. Mr Brian Leonard SC, for Mr Gerard Downes, of JMSE, has already made an application that he should cross-examine the witness after that. Other parties with legal representation who may wish to cross-examine include Mr George Redmond, the former assistant Dublin County and City Manager, and the Garda Siochana. Mr Gogarty's own legal team will then re-examine Mr Redmond.
Mr Burke's legal team was present for the first weeks of the tribunal. The former minister was represented by Mr Eoin McGonigal SC, Mr Gerry Danaher SC, and counsel Mr James McGowan.