Any prospect of a dramatic start to the attempt by Mr Charles Haughey and family members to stop the Moriarty Tribunal from inquiring into their affairs soon vanished in a short torrent of procedural jargon in the High Court yesterday.
The battle lines were drawn, of course, in the form of a formidable row of leading senior counsel representing all the parties but, after 20 minutes of discussion on the technicalities of procedure, it was clear that any excitement would be reserved for another day.
That day, as it turned out, could be Thursday, as Mr Justice Geoghegan adjourned until then, but nobody was really optimistic that the main case will go ahead this week.
The man at the centre of it all left the wrangling to the legal teams. Mr Haughey was not present in court, nor were any members of his family. In fact, the only time his name was even mentioned was when the registrar read out the title of the case.
The former Taoiseach, his wife Maureen, his daughter Eimear, and sisters Ethna and Maureen are taking a constitutional challenge to the right of the Moriarty Tribunal to inquire into their affairs. The case is against Mr Justice Moriarty, Ireland, the Attorney General, and the clerks of the Dail and Seanad.
Yesterday, though, other procedural questions cropped up. Should an application for an injunction to stop the tribunal going ahead pending the court case be heard with the main constitutional challenge? When could the problem of discovery of documents being sought by Mr Haughey be sorted out? Could another motion brought by the State to have proceedings struck out against the clerks of the Dail and Seanad be adjourned?
In High Court No 5 at 11 a.m., the media gathered in an already packed court. Mondays in the courts are busy, with long lists of motions to be dealt with. Numbers 22 and 23 were two motions listed, between Mr Haughey and others and Mr Justice Moriarty and others.
When it was called by the court registrar, Mr Colm Condon SC, who is representing Mr Haughey and his family with Mr Eoin McGonigal SC, asked that it be left stand. It seemed that some agreement might have been reached on procedural matters. The judge adjourned it until 12.30 p.m when the five senior counsel, representing the parties, and their junior barristers, filed back in again.
This time, apart from those involved in the case, the court was virtually empty. Even the group of media personnel had dwindled.
Mr John Coughlan SC, who, with Mr Jerry Healy SC, appears for Mr Justice Moriarty, the sole member of the tribunal, said Mr Justice Moriarty could give no undertaking that the tribunal would not continue. He said the tribunal would continue its work as it had done to date, which was in private.
Mr Frank Clarke SC, appearing for Ireland, the Attorney General and the clerks of the Dail and Seanad, told the judge the State's motion to have struck out the proceedings against the clerks as being vexatious could be adjourned.
Mr Justice Geoghegan decided the discussion should continue next Thursday when all the pleadings were completed and he adjourned. The first step in Mr Haughey's constitutional battle had been taken quietly and without drama.