An old trooper shows he has lost none of his feistiness

James Gogarty was back

James Gogarty was back. Like the returning trooper making a rare guest appearance, he waved to well-wishers, looking better and sprightlier than ever.

When he got into the witness box he had lost none of his feistiness and back, too, were the jibes against the lawyers, the remarks about the Murphys, the chairman's warnings to him to answer the questions, and the laughter from the packed public gallery.

He was there to answer questions about telephone records which showed he had made numerous phone calls to developer Mr Michael Bailey between 1992 and 1996.

Mr Gogarty had denied he made contact with the Baileys throughout that period and yesterday said he had meant meetings, physical contact.

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Mr Gogarty contended yesterday that his calls were in response to Mr Bailey's, from his mobile phone. In the period from 1992 to 1994, he said, Mr Bailey was "hounding him" to meet Mr Murphy senior and the Murphy representatives to settle his legal action against the company out of court and forget all about the alleged payments to Mr Ray Burke and Mr George Redmond.

After a gap of two years, the calls resumed during 1996, Mr Gogarty said. Mr Bailey wanted him to meet the Murphys and threatened that if he did not, it would be at his peril, he said.

Mr Bailey had given evidence that during those periods, Mr Gogarty had been phoning him and had him "pestered" over money he said Mr Gogarty was claiming as a finder's fee.

The Baileys said they gave Mr Gogarty £50,000 in cash and two post-dated cheques for £50,000 each in 1989. After that they paid him in "dribs and drabs" and that he received £162,000 altogether. Mr Gogarty denied he had been paid by them.

Throughout his evidence yesterday Mr Gogarty delighted the public gallery with his references to "blackguards" and lawyers getting paid enough.

But it was in his clashes with the lawyers that he showed his old form to the greatest effect.

He referred at one stage to "my friend Mr Cooney" - the Murphys' lawyer.

He challenged Mr Michael Cush SC, for the Murphys, who had said a word in the transcript was a typographical error.

"Are you sure? Can you prove it?" asked Mr Gogarty, which brought another reprimand from the chairman: "Please, Mr Gogarty don't argue with counsel."

But it was during a cross-examination by Mr Colm Allen SC, for the Baileys, that the retorts came thick and fast. It all got a bit out of hand when he was asked about talking to TDs, including Mr Tommy Broughan and Mr Michael McDowell.

"Yes, I did. You can bring in Mr McDowell and he'll tell you the whole lot . . . bring Bertie Ahern in as well too and every tree in Dublin, bring the whole lot in," exclaimed Mr Gogarty.

"Order, order, this must stop!" the chairman called, and declared a five-minute break.

When he returned Mr Gogarty told everybody he couldn't talk as his mouth was full of marzipan.

When Mr Gogarty's evidence was completed, he turned to Mr Justice Flood and told him: "I hope you've a happy retirement, like meself."