Proceedings in which an estate agent and auctioneer, Mr John Finnegan, is seeking a number of orders against the Flood tribunal were adjourned at the High Court yesterday, but the examination of the builder, Mr Tom Brennan, is expected to continue at the tribunal today.
A week ago Mr Finnegan, of Seapoint Avenue, Monkstown, Dublin, was given leave to seek a number of orders against the tribunal, where he has been questioned in connection with the affairs of the former minister, Mr Ray Burke.
Mr Finnegan is seeking a declaration that any inquiry by the tribunal into any of his affairs "other than the authorisation of the payment to Mr Raphael Burke by Canio Ltd" is outside the powers of the tribunal.
He is also seeking an order restraining the "undue exercise of power" by the tribunal and a declaration that, in the special circumstances in which Mr Finnegan is a witness at the tribunal, its procedure has failed to protect his rights under Article 30 of the Constitution.
Last Friday the tribunal was given leave to make an application yesterday to have Mr Finnegan's proceedings set aside.
Following submissions by counsel for the tribunal and Mr Finnegan yesterday, Miss Justice Carroll adjourned the case for mention on Monday next.
Lawyers are seeking an early date for the hearing. They were told yesterday that, before Monday next, they could apply to the president of the High Court to see if a judge could be made available for the case. However, the court lists are extremely crowded for the period between now and the end of the present law term, July 31st, and a judge may not be free.
Mr Jack Fitzgerald SC, for Mr Finnegan, said the case could not go ahead yesterday. He would imagine it would take two days. He suggested that it be put back for a week.
Mr Frank Clarke SC, for the tribunal, said the matter was of some urgency. Mr Brennan was due to resume giving evidence today. The tribunal took the view that, unless and until there was a court order telling it not to do something, it should pursue its inquiries.