Mahon statement:Judge Alan Mahon has said he does not accept that the tribunal's line of questioning of the Taoiseach on Thursday was inappropriate. Fiona Gartlandreports.
Speaking at the opening of yesterday's proceedings, the tribunal chairman defended his barrister's examining technique and said he hoped that some of the exchanges that occurred on Thursday would not be repeated.
Thursday's examinations had produced angry responses from Bertie Ahern, including suggestions that the tribunal was trying to set him up.
Judge Mahon said a tribunal of inquiry does not make allegations or promote any particular view. He said evidence given can be true, or false, or accidentally false and it would be meaningless to put a witness in the box without challenging him.
He said that while it was assumed people were giving a truthful account, that might not always be the case.
It was necessary to get the fullest possible picture of the evidence, he said, especially where there was a conflict of evidence between one witness and another.
"It is right and proper for counsel . . . to suggest to a witness that his or her evidence is inaccurate, untruthful, unbelievable or is in conflict with evidence already given," he said.
Judge Mahon said this did not mean that the tribunal had formed a particular view about a witness or his evidence or was not "outcome neutral".
He said the witness had "complete and unfettered freedom" to deny any suggestions made and he hoped any such denial could be made "in the absence of rank and in a non-confrontational manner".
He said he appreciated that cross-examination in the absence of documentary evidence could be lengthy and tedious, but was appropriate.
"In no way is Mr Ahern being treated any differently to other witnesses in this regard," Judge Mahon said.
Counsel for Mr Ahern, Conor Maguire SC, reiterated his objections to Thursday's line of examination.
He said the tribunal counsel had "an agenda", and that a "hypothesis" put forward yesterday by counsel for the tribunal Des O'Neill was "something quite elaborate and thought out". He said it was not just a hypothesis, but an allegation unsupported by evidence.
"He is being treated as if he was a defendant," Mr Maguire said. "Essentially this is a prosecution without an indictment."
He said that the judge should have stepped in to deal with the situation and expressed his frustration that he was asking the judge to make a ruling against his own lawyers.
Judge Mahon responded that he had made such rulings in the past and pointed out that Mr Maguire's submission was the same as the one he made on Thursday.
"I don't accept for a minute that Mr O'Neill's line of cross-examination was inappropriate," he said.
Judge Gerald Keys said he personally rejected the suggestion that the tribunal had any agenda and suggested that if Mr Ahern's counsel read the tribunal transcripts he would see that Mr Ahern was treated exactly the same as any other witness.
Counsel for the tribunal Des O'Neill also rejected that he had any agenda when he questioned the Taoiseach.
He said to pursue an agenda would be a gross breach of his professional duties to the tribunal and the witnesses that appeared there. He said it was unprofessional of Mr Maguire to make such an allegation in public, and he was well aware of the proper forum to have such concerns addressed.