THE CONSTITUTION does not prevent the Mahon tribunal referring to the fact that Taoiseach Bertie Ahern made statements in the Dáil about his financial affairs, the High Court heard.
Denis McDonald SC, for the tribunal, said article 15.13 of the Constitution provides that parliamentarians shall not be "amenable" to a court or any other authority except the Oireachtas for statements made in the Houses of the Oireachtas.
This did not prevent the tribunal making a reference, within its own report or in questioning Mr Ahern, to the fact he had made statements about his financial affairs in 2006, Mr McDonald submitted.
In doing so, the tribunal was not calling the statements into question. Its role was to try and elucidate all the relevant facts.
Mr McDonald also said the tribunal wanted to see all of the material relating to the retention by Mr Ahern of banking expert Paddy Stronge. Mr Ahern has claimed privilege over 150 documents relating to Mr Stronge, who was retained by Mr Ahern to refute the tribunal's suggestions about the nature of lodgements made in 1994 to accounts of Mr Ahern and his former partner, Celia Larkin.
In what has been described as the "dollar hypothesis", the tribunal has suggested a sum lodged to the account of Ms Larkin of £28,772.90 at the AIB branch at O'Connell Street, Dublin, on December 5th, 1994, was equivalent to an exchange of $45,000.
Mr Ahern has denied any exchange of dollars.
The second suggestion - the "sterling hypothesis" - is a claim that an amount lodged into Mr Ahern's account on October 11th, 1994, was equivalent to £25,000 sterling. Mr Ahern has said the lodgement was for £16,500 and some £8,000 sterling given to him by friends following a dinner in Manchester and has denied it was £25,000.
Mr McDonald said some of the material provided to Mr Stronge appeared to include more than the materials provided to Mr Ahern by the tribunal. Brian Murray SC, for Mr Ahern, said the only documents referred to by Mr Stronge in his report were documents provided by the tribunal.
