The cross-examination of a key witness, Mr James Gogarty, is due to continue when the Flood tribunal resumes in Dublin Castle today. Proceedings at the tribunal, which is investigating alleged planning irregularites in Dublin, have so far been dominated by Mr Gogarty's colourful and controversial testimony. He is expected to be cross-examined this week by the legal representatives of a former JMSE executive, Mr Gerard Downes, and later by those representing the Garda.
Before the tribunal adjourned for the Easter break, counsel for the Garda, Mr Jim McCullough, said Mr Gogarty would be crossexamined on his evidence about members of the force. During his cross-examination by Mr Colm Allen SC, for JMSE, it was revealed that Mr Gogarty had suggested that there was "widespread corruption" in the force.
During exchanges last month, Mr Garrett Cooney SC, for JMSE, put it to Mr Gogarty that cheque stubs and bank statements showed the sum paid to Mr Burke in June 1989 was £30,000 and not £40,000 as Mr Gogarty contended. Mr Gogarty disagreed.
Mr Cooney said £30,000 was paid in £20,000 cash and a £10,000 cheque made out to cash. Mr Cooney put it to Mr Gogarty that he had directed the drawing down of the funds from the JMSE account in AIB, Talbot Street, Dublin. He suggested Mr Gogarty had done so for the purposes of paying them over to Mr Burke. Mr Gogarty replied. "I'm telling you I did not."
Mr Gogarty disagreed that he was the boss - and acted with the authority of the boss - of JMSE in June 1989. Mr Cooney said that Mr Tim O'Keeffe, JMSE inhouse accountant, would say that while he was in JMSE Mr Gogarty was regularly in and out of the premises and when he was there he was exercising the authority of the boss. "You were the boss. Is that right?"
Mr Gogarty replied: "The boss. I wasn't the boss, no. Roger Copsey was the chief executive, acting chief executive."
Mr Cooney said Mr Copsey was financial director. He asked if he agreed or disagreed that he (Mr Gogarty) was the boss. Mr Gogarty: "I disagree."
At its last sitting before Easter, the tribunal heard a claim that Mr Gogarty was the only one who gave envelopes to Mr Burke at his house in June 1989, and that the only other person present was the developer, Mr Michael Bailey.
Mr Colm Allen SC, for the Baileys and Bovale, cross-examining Mr Gogarty, gave him what would be Mr Bailey's account of the meeting. Mr Gogarty denied the version. Mr Allen said that Mr Bailey would say that Mr Gogarty gave two envelopes to Mr Burke.
"That's a bloody lie. I had only one envelope and that was the £30,000 in cash and a cheque for £10,000 to cash," Mr Gogarty said. Mr Allen said that Mr Bailey would say there was no discussion about lands. "What the hell were we there for?" asked Mr Gogarty.