COUNSEL FOR former taoiseach Bertie Ahern has accused the Mahon tribunal of making up its mind about some of the evidence without hearing it all.
Conor Maguire SC said remarks made by tribunal member Judge Gerald Keys were "inappropriate" and "speculative".
The planning tribunal had been questioning Mr Ahern as part of the Quarryvale II module, an investigation into allegations of corruption surrounding the rezoning of land on which the Liffey Valley shopping centre is built.
The tribunal had heard that Mr Ahern and Niall Lawlor, the son of the late Fianna Fáil TD Liam Lawlor, both attended a reception when Mr Ahern was on a visit to America in March 1994.
At the time, Niall Lawlor was working for American financiers Chilton O'Connor, a company which was considering investing in a national stadium project at Neilstown, west Dublin.
The project, the brainchild of Liam Lawlor, was being proposed by Cork developer Owen O'Callaghan. The Government was being lobbied for support.
Mr Ahern said he had probably shaken hands with Niall Lawlor when he went to the reception, at the home of an Irish couple in San Diego. "I'd certainly work the room at the function, I'd certainly meet everyone that was there."
However, he did not believe he spoke to Niall Lawlor about working for Chilton O'Connor or about the stadium project.
Judge Keys suggested that it was highly probable, "if not beyond reasonable doubt", that Mr Ahern would have asked Niall Lawlor what he was doing in America, given that the young man was the son of a TD from his party and from his constituency.
Mr Maguire objected to the judge's questioning and its tone.
"It was clear that you, Judge Keys, had in fact made up your mind in relation to one aspect of it, without hearing all the evidence.
"In those circumstances, it is in my submission, inappropriate to suggest to the witness that beyond reasonable doubt a conclusion should be reached on the basis of something that was speculation."
Judge Keys responded: "That's what I am putting to the witness to determine the issue."
Counsel for the tribunal Des O'Neill SC said Liam Lawlor had a business interest in the proposed stadium.
"I take it you are surprised, are you, Mr Ahern, at the fact that Deputy Lawlor would be involved in this project to the extent of having a shareholding in a project that is at the time seeking Government finance?" Mr O'Neill asked.
"Totally, totally," Mr Ahern said.
"And something you wouldn't have approved of, had you known?" Mr O'Neill asked.
"Something I would not have approved of," Mr Ahern said.
Before leaving the stand for what is expected to be his last time, Mr Ahern complained that a lot of the issues raised "were always picked out to try and trap me and trick me", but, he said, he wanted to end on a happier note.
"I never in public life took a bribe, backhander or anything else . . . I did my best in front of this tribunal to tell the truth."
