Burke to hit State for 10.5m legal bill

FORMER minister Ray Burke has launched a head-on legal challenge against the State to force taxpayers into footing his 10.5m legal bill from the Planning Tribunal.

It was confirmed yesterday that the former Fianna Fáil TD has issued legal proceedings against several parties including the Tribunal, former chairman Mr Justice Feargus Flood, the Attorney General, and the Department of Environment. Despite last year’s landmark findings by Mr Justice Flood that Mr Burke had received a number of corrupt payments while holding ministerial office, he is still asking the State to pick up his legal bill.

While most parties involved in a public inquiry are normally entitled to their costs, it is usually dependent on providing full co-operation to with any investigation.

However, Mr Burke was deemed to have obstructed the inquiry on 14 separate issues. They include failure to provide a truthful account about offshore bank accounts, payments from builders totalling over £250,000 and the acquisition of his former home in Swords, which he sold for 4m a few years ago.

Mr Justice Flood resigned earlier this year before adjudicating on the issue of costs. This resulted in a new Government bill being published last week. The Tribunals of Inquiry (Evidence) Bill 2003, which was specifically drafted to allow current chairman Judge Alan Mahon to make rulings on costs, is expected to be passed shortly.

While legal experts believed Mr Burke might have challenged the constitutionality of the proposed legislation, his latest move has been greeted with surprise. “Legal precedence has repeatedly determined that tribunals are largely masters of their own course and that would include their ability to determine the issue of costs,” said one senior barrister.

It is believed Mr Burke’s latest challenge has been prompted by concern that he has to meet a recent 2m demand from the Criminal Assets Bureau before Christmas or take a separate legal action against the CAB.

The former TD, who resigned from political life in 1997, is facing financial and legal difficulties on several fronts arising out of the Tribunal’s findings.

It understood that High Court papers were lodged by his Mr Burke’s lawyers with the office of the Chief State Solicitor less than 24 hours after he appeared before Dublin District Court last Monday.

Mr Burke, aged 60, of Griffith Downs, Whitehall, is charged with making a false tax return in relation to the 1993 tax amnesty. He could face up to eight years in jail plus a fine of twice the amount of the undeclared tax, if found guilty of the offence.

The former TD provoked further controversy by applying for free legal aid, even though he is currently in receipt of a TD and ministerial pension worth around 70,000 per annum.