Burke's lawyers consider fresh challenge to tribunal in dispute on procedures

Lawyers for the former minister for foreign affairs Mr Ray Burke and two builders are considering a fresh High Court challenge to the planning tribunal in a dispute over procedures.

The move is prompted by a proposal from tribunal lawyers yesterday to defer the cross-examination of Mr James Gogarty until all other witnesses have given their evidence.

Their aim is to protect Mr Gogarty from "traps" or "ambushes" set by opposing lawyers, who are refusing to reveal in advance the matters they intend to raise.

However, counsel for Mr Burke and the two builders, Mr Michael Bailey and Mr Joseph Murphy, are insisting on their right to cross-examine Mr Gogarty immediately after he finishes giving his evidence next week.

The legal stalemate which arises is likely to end up in the High Court if the tribunal chairman, Mr Justice Flood, rules in favour of his lawyers, according to sources.

One source claimed there was "intense annoyance and anger" at the approach adopted by the tribunal lawyers. Referring to their ambition to "level the playing pitch" for all witnesses, he accused them of "levelling the Constitution" by interfering with the right to cross-examine Mr Gogarty.

Mr Pat Hanratty SC, for the tribunal, said the tribunal had not had "anything like the level of co-operation" it wanted from Mr Burke and the two builders.

Mr Burke was asked in a letter dated October 20th last year to furnish a statement to the tribunal, yet a "minimalist" statement was received on January 11th, 1999. When the tribunal sent a summons to Mr Burke's solicitor, it was returned.

Mr Hanratty said his statement, when furnished, failed to provide the tribunal with any information which would help it establish what happened at the meeting in 1989 at which, Mr Gogarty alleges, £80,000 was paid to Mr Burke.

Mr Hanratty quoted Mr Bailey's statement in response to the allegation he gave Mr Gogarty a £50,000 cheque in 1990. Mr Bailey said: "I never offered to pay or paid Mr Gogarty money in return for his agreeing to forget about pursuing proceedings from JMSE and simply to enjoy life."

Mr Gogarty, who spent little more than an hour in the witness box yesterday, appeared unwell and has been given a break until Tuesday.