The Flood tribunal has been adjourned until Thursday after the High Court today granted Dublin auctioneer Mr John Finnegan leave to apply for a judicial review of its investigations.
Mr Finnegan is seeking to end the tribunal's investigations into his affairs. He claims he made no payment to Mr Burke and that he was "kept in the dark" about payments by the builders Mr Tom Brennan and Mr Brendan McGowan.
Last week Mr Dominic Hussey SC, for Mr Finnegan, accused the tribunal of a "systematic character assassination" of his client. Mr Hussey said the tribunal had no cause for further investigation as Mr Finnegan took no part in a payment to the former minister, Mr Ray Burke.
Mr Hussey said the treatment of his client by the tribunal was a fraud and amounted to utter vilification. He said remarks at the tribunal had caused "incalculable damage" to Mr Finnegan's reputation.
This afternoon the tribunal was notified of Mr Finnegan's intention to seek a judicial review. Mr Justice Flood said he was adjourning the tribunal out of "prudence and courtesy to the High Court".
Earlier the tribunal heard that Mr Finnegan received a sum of £67,000 for his part in a Dublin land deal with Mr Brennan and Mr McGowan in 1978.
Mr Brennan was being questioned about the exact nature of his relationship with Mr Finnegan by Mr Patrick Hanratty SC for the tribunal.
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Mr Tom Brennan arrived at the Flood tribunal this morning carrying a number of boxes.
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Mr Hanratty asserted that Mr Finnegan received the money for "apparently doing nothing". He asked Mr Brennan "why you and Mr McGowan were paying Mr Finnegan such sums"
Mr Brennan replied: "For his part in the negotiations".
Builders Brennan and McGowan had purchased the land at Newtownpark Avenue in Blackrock, Co Dublin, for £100,000 from a Mr McGuire.
Despite acting on behalf of the seller, Mr Finnegan received over two thirds of the original sale price from Brennan and McGowan. Mr Finnegan is known to have received over £250,000 in total from three separate land deals involving the builders.
Mr Hanratty persisted in asking Mr Brennan what was it that Mr Finnegan "brought to the table".
Mr Brennan said Mr Finnegan had mentioned the land was going to be sold.
Not for the first time Mr Hanratty accused Mr Brennan of not being truthful in his answers. He said: "You are not sharing with the tribunal the reasons why Mr Finnegan was paid £67,000".
Mr Brennan said he was paid "for going and finding the land".
Last week Mr Hanratty asserted that Mr Finnegan may have assisted in changing the title the lands bought by Brennan and McGowan thereby paving the way for their development.
Earlier Mr Justice Flood adjourned until tomorrow a decision on whether Mr Brennan had complied with four orders of discovery against him. Mr Brennan had until today to provide documents in relation to financial trusts in the Isle of Man and Liechtenstein.
This morning Mr Brennan arrived at the tribunal carrying a number of boxes of documents. Mr Hanratty told the tribunal that he would need time to ascertain the contents of the boxes.
The tribunal resumes on Thursday.
