Lawyers for the former minister for foreign affairs, Mr Ray Burke, and two builders are to renew their attack on procedures at the planning tribunal today.
As the tribunal's main witness, Mr James Gogarty, yesterday made further dramatic allegations about corruption, Mr Burke's lawyer pressed for the "outing" of the county councillors named in Mr Gogarty's affidavit as the organisers of re-zonings.
Mr Gogarty's main allegation yesterday centred on a £50,000 cheque, dated for September 30th, 1990, which he received from the developer, Mr Michael Bailey, at a meeting in the Skylon Hotel, Dublin, in August or September 1990. He claimed the cheque was signed by Mr Bailey and his brother, Mr Thomas Bailey, to buy his silence over the payment to Mr Burke.
Mr Eoin McGonigal SC, for Mr Burke, said his client was at a distinct disadvantage because the tribunal was "focused totally" on him. This follows Mr Gogarty's allegation on Tuesday that Mr Burke was paid £80,000 by two builders in 1989.
Referring to other people who might be "relevant" to the tribunal, he called on Mr Justice Flood to consider "those who are not now before you but possibly should be before you".
Today's evidence from Mr Gogarty is expected to deal with an alleged payment made to the former assistant Dublin city and county manager, Mr George Redmond. Yesterday, the chairman's attempt to prevent lawyers from "ambushing" Mr Gogarty during his cross-examination next week drew an angry response from opposing parties.
Mr Garrett Cooney SC, for JMSE, said any attempt to limit his cross-examination would breach fundamental procedures of fair play. He accused the tribunal of giving Mr Gogarty "favoured treatment" and being "accusatory and confrontational" in its dealings with the company.
Mr Cooney said Mr Gogarty personally ordered the drawing down of the money which was paid to Mr Burke in 1989. Mr Gogarty was engaged on a "frolic" without authority, at a time when he was in "acrimonious" dispute with the company.
According to Mr Gogarty, the cheque was given with the instructions "to enjoy life and not to involve him [Mr Bailey] in my squabbles with Murphy or to bring Ray Burke into the matter, because it would destroy Ray Burke, and he, as well as his companies, wouldn't get any re-zonings ever again". Mr Bailey was concerned about the possibility of a court case.
"He said that I should forget about the whole thing and enjoy myself. When we stood up to leave he took a small envelope out of his pocket and put it into my breast pocket and he said `I'll be in touch with you later on'."
Mr Gogarty said he was "shocked". He neither lodged nor cashed the cheque contained in the envelope. Yesterday, it was produced at the tribunal and lodged as an exhibit.
Mr Bailey has not provided the tribunal with an account of how and why he came to give the cheque to Mr Gogarty.
The tribunal was told that several months after Mr Bailey bought lands in north Dublin from JMSE for £2.3 million, he offered a half-share on the development to Mr Joseph Murphy jnr for £8 million. Mr Murphy was shocked and said he would have to talk to his father about it, according to Mr Gogarty.
The day's proceedings were further enlivened by a bizarre incident in which a gun was found in the public toilets nearby. A solicitor discovered the revolver shortly after noon. It was found to belong to a Garda detective who was assigned to security at the tribunal. The man, who forgot the gun after a visit to the toilet, could face a disciplinary inquiry.
Mr Justice Flood said he arranged for the Garda Commissioner to provide protection for Mr Gogarty after the witness expressed concerns for his safety. The chairman said he met Mr Gogarty once, briefly, in January 1998.
Mr Gogarty, who is approaching the end of his direct evidence, has asked for a rest before cross-examination. Mr Justice Flood indicated yesterday he was contemplating a break of one or two days.
