Account of meeting `beggared belief'

Mr Michael Bailey has given an "Alice in Wonderland" account of the meeting between himself, Mr James Gogarty and Mr Ray Burke in June 1989, counsel for Mr Gogarty has alleged.

Mr Brian O'Moore BL said he found it difficult to believe that Mr Ray Burke never mentioned Mr James Gogarty's £30,000 donation to Mr Bailey after the 1989 general election.

Mr O'Moore asked Mr Bailey, "During the 1992 election, did he [Ray Burke] never ring you up and say, `Mick, that was a great fella you brought along in 1989, could I see him again?"'

Mr Bailey replied: "He did not."

Mr O'Moore asked Mr Bailey if Mr Gogarty had said anything to Mr Burke along the lines of "he'd be able to give him a call at any time, or that they'd be in touch or see each other again - anything like that?"

Mr Bailey said he didn't recall "anything like that being said. I know they wished each other the best of luck and that's all I saw being said."

Mr O'Moore said it beggared belief "that a man arrived into Mr Burke's house out of the blue, and that you stood there not knowing what was going on while an enormous contribution was given without any possible conceivable way in which Mr Burke could contact Mr Gogarty again if he even wanted to send a thank-you card".

Mr Bailey said Mr Gogarty had appeared to be "very happy to give whatever contribution he did to Ray Burke".

He hadn't been aware that there was £30,000 in Mr Gogarty's envelope until the amount was reported in the newspapers. "The envelopes were large. I had no knowledge of what was in them. I never asked what was in them and that's my position as it stands to this day." Mr O'Moore had earlier put it to Mr Bailey that the accounts he had given over a period of time relating to his dealings with Mr Gogarty had been "to some degree untruthful, inconsistent and incomplete". Mr Bailey said if Mr O'Moore was referring to the account of events he had given to Sunday Business Post journalist Frank Connolly, that was correct.

He acknowledged that he lied to Mr Connolly by telling him that the £50,000 cheque he had made out to Mr Gogarty was a finder's fee in respect of a property in Baggot Street. At the start of Mr O'Moore's cross-examination of Mr Bailey, counsel for Bovale, Mr Colm Allen SC, objected to him asking Mr Bailey if he would describe the statements made by him and his counsel "as consistent over the years". Addressing the chairman of the Tribunal, Mr Justice Flood, Mr Allen said that if Mr O'Moore was "suggesting that counsel . . .has in some way said something to this tribunal knowing it to be untruthful, I wish to know about it and I wish to see Mr O'Moore. It is quite outrageous not only that he should do it but that he should be permitted to do it without let or hindrance by the legal team of the Tribunal, and may I say with respect, sir, by yourself." Mr Justice Flood intervened to say that he viewed Mr Allen's comments as an attack on himself.

Mr Allen replied: "It is not sir, it is absolutely not . . .if you took it to be that I wish to make it unreservedly clear that it is not an attack on you". Mr O'Moore said there was "no suggestion of any impropriety" on Mr Allen's part or on the part of any of his colleagues.

Mr O'Moore later told Mr Bailey that there was "a contrast" between the "open-handed and honest way" Mr Gogarty deals with the tribunal and the way in which he was dealing with the tribunal with regard to the disclosure.

In response, Mr Bailey asked Mr O'Moore not "to make a joke" of him.