Yet another minister testifies before the Flood Tribunal this week when Ms Mary Harney will be asked about her knowledge of investigations carried out in June 1997 by the Fianna Fail leader, Mr Bertie Ahern, into the suitability for office of Mr Ray Burke. She will also be questioned on any investigations into Mr Burke she may have carried out herself. The Minister for Community, Social and Family Affairs, Mr Dermot Ahern, suggested in evidence this week that prior to Mr Burke's appointment to the Cabinet, Ms Harney had information from Progressive Democrat sources that Mr Burke had received a substantial payment in return for planning favours. She is expected to deny that she carried out any investigation.
The tribunal also plans to call two former JMSE executives, Mr Gabriel Grehan and Mr Brendan Devine, today to give evidence after Ms Harney.
The Minister for the Environment, Mr Noel Dempsey, followed his party colleague into the witness-box yesterday, at his own request. Mr Dempsey made his unscheduled appearance in Dublin Castle so that he could personally deny a claim made the previous day that he was sent by the Taoiseach to interview the developer Mr Michael Bailey about the allegations surrounding Mr Burke.
On Wednesday, Mr Joseph Murphy junior claimed that Mr Dermot Ahern told him this during a meeting in June 1997. However, subsequent evidence made it clear that the Taoiseach personally handled the contacts with Mr Bailey.
Mr Dempsey said yesterday he had never interviewed Mr Bailey, nor was it ever suggested that he do so.
Mr Garret Cooney SC, for Mr Murphy, said it was apparently a mistake, but a mistake "of no significance". Mr Dempsey replied that it was very significant for him to have his name all over the news the previous day.
When the chairman suggested he express regret over the remark, Mr Cooney declined, saying he would have to take instructions from Mr Murphy, who had returned to London. It was possible that the Taoiseach had said that he would ask Mr Dempsey to undertake the investigation, but never did so.
The main witness yesterday was Mr Frank Connolly of the Sunday Business Post, the journalist who "broke" the story of Mr Gogarty's allegations in seven articles written between 1995 and 1997.
Like Mr Dempsey, Mr Connolly was deeply unhappy with allegations made by Mr Murphy jnr the previous day. Mr Murphy alleges he was told by Mr Dermot Ahern that Mr Connolly was "a dangerous bastard" and a member of "INLA/IRSP".
In his evidence, Mr Dermot Ahern had replied that he could not recall saying this. He knew Mr Connolly only as a journalist. Yesterday, Mr Connolly denied that he was ever a member of "INLA/IRSP". "Absolutely not. It's a disgraceful suggestion."
Asked about the "dangerous bastard" claim, he replied "No." He said his mother was present and probably take offence at that description.
Mr Connolly said he worked a lot in Northern Ireland, where he had contacts with all parties. Mr Murphy's allegation had the potential to put him and his family in danger, he said.
In his evidence, he detailed his lengthy contacts with Mr Gogarty, which started with a meeting in a solicitor's office in Newry in March 1996. Shortly afterwards, he had a one-and-a-half hour meeting at Mr Gogarty's home in Sutton. While Mr Gogarty was mainly concerned with his dispute with Joseph Murphy Structural Engineering, as a journalist Mr Connolly was interested in the political aspect of the story. There ensued something of a game of cat and mouse, in which Mr Gogarty slowly revealed new information to the hungry journalist. But there were many interruptions, caused by Mr Gogarty's ill-health, the reluctance of his family to see their elderly father embroiled in a high-profile dispute, and a separate Garda investigation.
Mr Connolly's account of his dealings with Mr Gogarty differed little from Mr Gogarty's version. But his interviews with other players in the drama are likely to be contested.
In particular, he insisted yesterday that when he asked the developer Mr Michael Bailey why he had given Mr Gogarty a post-dated cheque for £50,000, Mr Bailey replied that it was to help him acquire a building in Baggot Street.
Mr Bailey today denies this was the reason he gave Mr Gogarty the cheque, which was never cashed.
Mr Cooney yesterday accused Mr Connolly of bias in favour of Mr Gogarty in his writings, but the expected clash during cross-examination never materialised. This is because Mr Connolly has furnished the tribunal with a tape-recording of his main meeting with Mr Gogarty. This will be transcribed, edited and circulated to the various parties.
Mr Cooney revealed that JMSE is to go to the Supreme Court in its continuing effort to prevent a controversial affidavit being admitted in evidence. The affidavit, by former Murphy group chief executive Mr Liam Conroy, makes damaging allegations about the company and Mr Joseph Murphy senior. The High Court last week refused the Murphys' application for a judicial review.