Yesterday's proceedings at the Flood tribunal were marked by some of the most sharp exchanges yet between Mr James Gogarty and his interrogators - as well as among the interrogators themselves. In one notable exchange, Mr Colm Allen SC, for the Baileys and Bovale Developments, expressed frustration at an interruption by Mr Frank Callanan SC for Mr Gogarty with the words: "Mr Callanan, with the greatest respect sir, is beginning to jump up and down with the frequency that one would normally associate with the bloomers of members of the oldest profession."
Mr Allen further took exception to Mr Callanan's interruption, maintaining "he is doing so and has done so repeatedly, and very rarely, very rarely may I say, is he accurate when he does become erect". Mr Callanan was "giving a series of speeches and a running commentary on my cross-examination . . . indulging in the legal equivalent of gamesmanship".
Increasingly frayed tempers were evident too between Mr Gogarty and Mr Allen. At one point when Mr Allen was maintaining that the Baileys gave Mr Gogarty £50,000 in a briefcase, Mr Gogarty insisted on knowing if the briefcase had been given too. "Oh Jesus, what do I say to the like of that statement?" he asked before referring to the cash payment as "a damned lie . . . more f****** lies, oh Jesus."
Mr Gogarty also suggested that Mr Allen's criticism of Mr Callanan was unjust, remarking "no better man than yourself, no better man than yourself and your speeches". When he was reprimanded by Mr Justice Flood for his outbursts, Mr Gogarty said: "Oh sure my heart is broken. I am exasperated with that fellow." As Mr Allen then apologised for a slight delay, Mr Gogarty said: "Your apology is accepted, honest to God. If you would apologise for all the insulting remarks, it would be better."
Later he called Mr Allen "a blackguard" and when advised by the chairman that he should not call people names, he responded: "And he can call me a liar? Oh Jesus, I am going, I am going tit for tat any day of the week. I am bloody sure of it. I wouldn't tolerate that from him without a bit of tit and tat. I can say that." At the end of the session Mr Gogarty was heard again to admonish Mr Allen with the words: "Don't be shaking your fist at me," to which Mr Allen replied that he was merely putting on his watch. Asked if he would finish his cross-examination today, Mr Allen replied: " I would certainly hope vehemently to finish tomorrow."
