A move by the Taoiseach's lawyers to prevent the Mahon tribunal continuing its investigation into his personal finances drew a sharp reaction last night from the Opposition parties who pointed to Mr Ahern's repeated assertions that he looked forward to going before the tribunal to tell his side of the story.
The Taoiseach's counsel, Conor Maguire SC, told Judge Alan Mahon yesterday that the proper interpretation of the recent Supreme Court judgment in the case of the Fitzwilton Group meant that the tribunal did not have jurisdiction to continue its inquiries into Mr Ahern's finances. Judge Mahon will rule on the issue on Monday.
The Taoiseach is due to give evidence in public at the tribunal later this month.
His former partner Celia Larkin, the previous owner of his home in Drumcondra, Michael Wall, and a number of bank officials are also scheduled to give evidence before the tribunal.
Fine Gael environment spokesman Fergus O'Dowd last night said the claims made by the Taoiseach's lawyers at the tribunal contradicted the Taoiseach's statements that he had no difficulty in giving details about his finances to the tribunal.
"Aside from the basis for the Taoiseach's lawyers' claims, on which the tribunal will rule on Monday, it is worrying to see a continuing pattern of efforts by the Taoiseach's lawyers to undermine the work of the tribunal," said Mr O'Dowd.
He said the Taoiseach had always given the impression that he would be accountable to the tribunal and he referred to Mr Ahern's statement during the election campaign: "I've no difficulty giving any of the details or explaining any of these details."
Mr O'Dowd said that commitment was now in doubt. "The actions of his lawyers suggest otherwise and if, as he has always contended, the Taoiseach has nothing to hide, the attempt to end the investigation into his finances is bizarre."
A Labour Party spokesman said the position now being adopted by the Taoiseach's legal team, presumably on Mr Ahern's instructions, would appear to be inconsistent with repeated statements made by him of his anxiety to give evidence before the tribunal.
"Indeed Mr Ahern has repeatedly claimed credit for having set up the tribunal. As long ago as March 10th, 2004, the Taoiseach told the Dáil that he had been looking forward to going before the Mahon tribunal 'for the last 5½ years'.
"If, for whatever reason, the tribunal is unable to carry out an inquiry into the monies contributed to Mr Ahern in very odd circumstances in 1994, then it will put these matters back into the political domain and a mechanism will have to be found to allow the Dáil to fully explore all aspects of the affair," the spokesman said.
A Government spokesman declined to comment, saying it was a legal issue for the tribunal.
The Supreme Court ruled earlier this month that the tribunal had no power to hold a public hearing into the Fitzwilton Group's donation of £30,000 to Fianna Fáil, as it had failed to comply with a part of its terms of reference.
Asked by Judge Mahon whether he was contending that if the tribunal agreed that it did not have jurisdiction following the Fitzwilton decision to deal with the matters relating to his client, then Mr Ahern would no longer be a witness in this particular module, Mr Maguire replied that was the effect of it.
"So he would be dropped, all inquiries relating to him would be dropped?"
"That is so," replied Mr Maguire.
In his submission, Mr Maguire also argued that Mr Ahern's appearance before the tribunal should be deferred until Tom Gilmartin's evidence had been concluded and he had been cross-examined by all persons against whom he had made allegations.
The tribunal's rulings are due to be delivered on Monday afternoon.