Taoiseach's counsel stands over criticism of tribunal

Ahern counsel:Counsel for the Taoiseach said yesterday that he stood over criticism he levelled at the Mahon tribunal on Monday.

Bertie Ahern's counsel, Conor Maguire SC, was responding to a statement read out yesterday morning by the planning tribunal's chairman, Judge Alan Mahon.

In his statement Judge Mahon said he categorically rejected claims that the inquiry was biased against Mr Ahern, and said the tribunal had always endeavoured to treat Mr Ahern in exactly the same way as any other witness appearing before it. He described Mr Maguire's criticism on Monday as unprecedented. He said Mr Maguire's suggestion that the tribunal had put great effort into studying Mr Ahern's private affairs was erroneous, and it was wrong to suggest the tribunal was biased or had acted improperly.

In response to Judge Mahon's statement, Mr Maguire said he had never said the tribunal was biased or had acted improperly, but he had set out his criticisms of it and would stand over them.

He said that the tribunal's criticisms of his statement were not valid.

"My client is entitled to comment on the context in which this element of the tribunal's inquiries arise," he said.

"I was clearly entitled to refer to the fact that he found it necessary to issue a public statement, for instance, which he did in the course of the general election, regarding the leaks."

He said they had reservations about the leaks, which had not been answered adequately by the tribunal.

He said that one witness had contacted them about the manner in which documentation had been circulated to him by the tribunal. "It was circulated in a resealable envelope, which was not marked private or confidential and which was delivered to his daughter in his absence, an 18-year-old daughter," he said.

"I don't want just to take one particular instance, but what we're saying is that the danger of circulation is something of which the tribunal should have been aware."

He said the tribunal's investigations into leaks seemed to have yielded nothing and so he stood by that criticism.

He highlighted the fact that 33 people had been circulated with documents in advance of the election.

He also said the evidence of businessman Tom Gilmartin should be tested. "What Mr Gilmartin alleged to this tribunal borders on fantasy - in fact it's outright fantasy," he said.

"And you say or tribunal counsel says that no decision has been made in relation to Mr Gilmartin's evidence. Well then why did you tell us that you would not investigate what are clearly fanciful allegations by Mr Gilmartin?"

He said he was very slow to criticise the procedures of the tribunal, particularly as he was representing the Taoiseach, because of what the media would attach to it.

He also said he had requested a copy of Monday's opening statement by counsel for the tribunal, Desmond O'Neill, in advance, but it was refused him.

"We couldn't be expected, for instance, to respond to the technical interpretation of the documents put forward by Mr O'Neill," he said. "We will in due course. Indeed we have grave reservations about some aspects of the assertions that were made."

In rebuttal of Mr Maguire's comments, Judge Mahon said Mr Maguire was afforded the opportunity to delay his initial response until Tuesday morning, instead of giving it on Monday afternoon, but he chose not to.

He also said that in response to leaks, the tribunal had initiated legal proceedings.

"This constant suggestion that the tribunal should do more and can do more in relation to leaks is just not plausible," he said.

"What more can the tribunal do? We're not allowed to use physical torture on witnesses to find out if in fact they did disclose material."