Caroline Bailey has taken the witness stand at the Flood Tribunal, despite plans to seek a judicial review of a ruling requesting her to give evidence in public. Mr Justice Fergus Flood ruled that part of her evidence relating to the book-keeping of Bovale Developments can be heard. Colm Allen, SC for the Baileys, said that his client was taking the stand under protest and believed that it was an infringement of her rights of access to the courts. However, Mr Justice Flood said that the pending High Court challenge could not bring the tribunal to a halt.
Colm Allen SC had earlier objected to what he described as a "public ransacking" of his clients' private financial affairs. This afternoon, Mr Justice Feargus Flood ruled that the financial affairs of Bovale Developments and the Baileys were so intermeshed that an enquiry into all bank accounts is necessary. He also ruled that it would not be in the public interest to hear the evidence in private.
Thomas and Caroline Bailey have already given some evidence to the tribunal, but have so far declined to give a statement. Tribunal lawyers want to question them about movement of funds between Bovale Developments and their personal bank accounts. They are also seeking information on the assets of the Baileys in the late eighties in an attempt to determine how they spent their money. James Gogarty has claimed at the Tribunal that Thomas Bailey's brother, Michael, made improper payments to Ray Burke.