Claims `not identified'

The former Minister for Foreign Affairs Mr Ray Burke "does not know the allegations or all of the allegations being made against him" and until he does he is not in a position to fully present his case to the Flood tribunal, Mr Burke's counsel, Mr Eoin McGonigal, told the tribunal yesterday.

Mr McGonigal said that "unusually at this stage the tribunal has not identified the allegations that are against any particular person, but particularly Mr Burke, nor apparently have they completed their inquiries or investigations in relation to some or all of those allegations".

Mr McGonigal said there appeared to be essentially two issues at this stage: the issue of the money as to how much and when it was paid; and the purpose for which the money was paid.

There were two issues which must be addressed before Mr Gogarty finishes his evidence, which Mr McGonigal said he had raised already. These included "whether or not Mr Burke controlled members of the council and whether or not somebody was able to cross the political divide".

He said that these points had "to be gone into" and until this had happened the tribunal could not make a decision as to the full nature of cross-examinations.

He also referred to what he said were conflicts in the evidence supplied by Mr Gogarty in oral evidence and that supplied to the tribunal through papers lodged with Donnelly Neary and Donnelly Solicitors in Newry.

"So in adopting Mr Leahy and Mr Cush's positions [counsel for JMSE and Bovale respectively] the suggestion which they have put forward is simply . . . just to get on with it, and if a problem arises during the cross-examination then let us deal with it practically and factually at that time, because it seems to me to be the more appropriate way to deal with it."

Mr McGonigal added that in relation to the beef tribunal there was no restriction on cross-examination by any party at that tribunal. On a point of clarification for the chairman, Mr Justice Flood, Mr McGonigal explained that at the beef tribunal "we didn't get statements from Mr Goodman until shortly before he gave evidence".