Mr Justice Flood will rule today on a challenge by Mr John Finnegan against the tribunal's right to inquire into his conduct as an auctioneer.
Mr Dominick Hussey SC, for Mr Finnegan, yesterday called on the tribunal to withdraw allegations of bribery, conflict of interest and the making of secret payments against his client.
Mr Hussey said the tribunal had strayed beyond its guidelines by making these allegations when no evidence had been heard to support them. The logical resolution was for counsel to the tribunal to withdraw the allegations.
He was making further submissions to Mr Justice Flood regarding Mr Finnegan's involvement in a series of land transactions with builders Brennan and McGowan. Legal wrangling over the matter has delayed the evidence of Mr Joe McGowan for two days.
The tribunal is currently examining a series of land deals involving the builders and Mr Finnegan. In each of six transactions, large sums of money were paid to the three men offshore. Mr Finnegan received a total of over £600,000 from the transactions, even though he had no interest or involvement in four of the properties.
In some of the deals, the tribunal has found, he acted as an auctioneer on behalf of the sellers. The tribunal's interest arises out of the fact that former minister Mr Ray Burke was paid £60,000 from the proceeds of the last deal.
Last July, the High Court rejected Mr Finnegan's demand to be released from involvement with the tribunal on the basis that he did not know about the payment. The present standoff is confined to the tribunal's investigations into his work as an auctioneer on the deals with Brennan and McGowan.
Tribunal lawyers have argued that references made this week to bribery, conflict of interest and secret payments in relation to Mr Finnegan were merely questions. However, Mr Hussey insists they are allegations. He said tribunal counsel was alleging improper and unlawful conduct by Mr Finnegan in his role as an estate agent. "It would be hard to imagine a more scurrilous statement or suggestion concerning someone's character."
In Mr Finnegan's court case last July, lawyers for the tribunal stated they were not making allegations regarding his conduct as an estate agent, Mr Hussey said. It "beggars logic and common sense" for the tribunal to claim now that it was not making allegations.
Referring to a claim by the tribunal that Mr Finnegan had "elected" not to provide details of his offshore company in Jersey, Foxtown Investments, Mr Hussey this was untrue. His client had not been able to obtain the accounts from Credit Suisse in the Channel Islands. Foxtown Investments contributed Mr Finnegan's share of the £60,000 payment that went to Mr Burke, though the auctioneer insists this happened without his knowledge.
Mr Justice Flood reserved his judgment until today.
