The Flood Tribunal has adjourned until tomorrow to allow Mr Justice Flood to examine submissions by Ray Burke's legal representatives. They have submitted that the Tribunal has overstepped its terms of reference. Senior Counsel for the former Minister said this morning that the Tribunal was "putting the cart before the horse". Mr Aidan Walsh SC said that the Tribunal should first give them a broad outline of what the allegations against Mr Burke were so that they would be in a position to deal with them.
Instead, Mr Walsh said, the Tribunal was trawling through Mr Burke's records trying to find unexplained ambiguities. Mr Walsh quoted from legal judgements to back his argument, including one challenge by Liam Lawlor. Mr Walsh said that the Tribunal was isolating Mr Burke. They needed to look at other political parties and the sources of money they were generating for political purposes, he said. Mr Walsh also said that the Tribunal did not have the right to raise matters relating to Mr Burke's dealings with the Revenue commissioners. He said that they were confidential to his client and the Revenue.
Mr Walsh said that there was no suggestion that his client had behaved improperly. He said that his client had co-operated with the Tribunal at all times. Tribunal lawyers rejected these claims. Mr Justice Flood said that it would be unwise to make an immediate decision. He said that he would consider the matter overnight.
