Session is marked by a sharp exchange between chairman and counsel for Bovale

Yesterday's session of the Flood tribunal was marked by a sharp exchange between Mr Colm Allen SC, for Bovale Developments, and the tribunal chairman.

Mr Justice Flood was completing a ruling on an application from counsel for the tribunal, Mr John Gallagher SC, that the media be allowed access to papers opened in the course of evidence, when Mr Allen indicated that he wished to be heard.

Mr Justice Flood said he would hear him "briefly please, because we want to get on. What can I do for you? What helpful suggestion have you to make, Mr Allen?" asked the judge.

Mr Allen replied: "Well if I could be heard, Sir . . ."

At this, Mr Justice Flood interrupted to say "Mr Allen, don't waste time inquiring if you could be heard sir, you are being heard." To which Mr Allen replied: "Yes, I am not the one who is wasting time . . ."

Mr Justice Flood replied: "Mr Allen, there must be a degree of courtesy to me."

Mr Allen: "You are getting courtesy sir, I rose to . . ."

Mr Justice Flood: "Not by that, not by that sotto voce remark."

Mr Allen: "It wasn't a sotto voce remark. I rose to my feet and as soon as I rise to my feet you are telling me to get on with it. If that is your definition of courtesy, sir, it is not mine. Courtesy is a twoway street. I have extended at all times courtesy to you as I intend to continue to do."

Mr Justice Flood: "Could we get on with your application at the moment?"

Mr Allen: "The point I wanted to make . . . sir, in fact - you have - I can, I can tell you sir, that you have, that you have so . . . I am actually struggling for the word . . . you have made my position so difficult by the manner in which you have treated me that I have lost the point. But I will return to it. I stood as a counsel to represent the interests of my clients and to make a point and you immediately started badgering me. I would ask you to cease this badgering."

The judge called on Mr Gallagher to proceed with the taking of oral evidence from Mr Gogarty. However, when Mr Gogarty's evidence was completed, Mr Allen rose to return to the subject.

Asking to be heard, Mr Allen said he "had sufficiently regained my composure to ask you for the clarification which I had intended seeking from you . . . it arose from the discussion of what may or may not be seen by journalists."

Mr Allen said he understood the daily transcripts of the proceedings were in the public domain and available to journalists and he wanted to know if that was the chairman's understanding as well.

Mr Justice Flood said that was his understanding.