Ahern’s legal team gave notice of possible injunction in December

SEVERAL times before yesterday, the Taoiseach stressed his intention to co-operate with the tribunal. As recently as January 28, he told reporters: “It’s my job to co-operate with them and I’ll do that.”

But Mr Ahern’s legal team had given notice a month previously that it might seek an injunction against the tribunal.

On December 5, Mr Ahern’s legal team wrote a letter of complaint about “hypotheses” being put to the Taoiseach by tribunal lawyer Des O’Neill without prior notice.

On December 13, the tribunal responded: “The tribunal through its counsel is not seeking to advance any hypothesis, propositions or theories at public hearings.” The definition of what exactly was a “hypothesis” prompted a furious argument when Mr Ahern returned to the witness box on December 20.

Mr Ahern was being cross-examined by Mr O’Neill about a loan of more than £19,115.97 which he took out from AIB in 1993. Mr O’Neill suggested Mr Ahern may have got the loan by agreeing to lodge a similar amount with the bank at a later date, in what is known as a “back to back” loan.

At this point, Mr Ahern’s senior counsel, Colm Maguire, protested about the line of questioning.

He argued that an “elaborate” and “fanciful” hypothesis had been put to the Taoiseach in breach of Mr Ahern’s constitutional right to fair procedure.

But tribunal chairman Judge Alan Mahon rejected that argument, saying Mr O’Neill had put to Mr Ahern “a possible scenario” and not a hypothesis.

Mr Maguire made a point of reserving his position on the issue. This meant Mr Maguire was leaving open the option of going to the High Court and seeking an injunction — which was precisely what Mr Ahern did yesterday.