Bailey insists two envelopes were handed over to Burke

Two bulky brown envelopes were handed over to Mr Ray Burke at his house in June 1989 by Mr James Gogarty, Mr Michael Bailey told…

Two bulky brown envelopes were handed over to Mr Ray Burke at his house in June 1989 by Mr James Gogarty, Mr Michael Bailey told the tribunal.

When asked about his written statement to the tribunal in January in which he had said there was only one envelope, Mr Bailey said he believed it was a typing error.

Mr Bailey said he arranged the meeting and Mr Gogarty turned up at mid-morning on his site, which was about a mile from Mr Burke's house. He drove Mr Gogarty to the house. He could not remember which day it was but it was just before the general election. Mr Burke answered the door and said: "Morning". Mr Bailey said he introduced Mr Gogarty as representing the Murphy organisation and that he believed he wanted to make a contribution towards the general election.

Mr Desmond O'Neill SC, for the tribunal, asked if Mr Burke was in any way surprised to see him and Mr Gogarty. Mr Bailey said he was not and he was expecting them. Mr O'Neill said Mr Burke, in his evidence to the tribunal, said: "I was much surprised, when I was expecting Mr Bailey, I was very surprised when he had Mr Gogarty with him, because I had never heard of Mr Gogarty before."

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Mr O'Neill said that did not accord with Mr Bailey's recollection. "Well, I believe that the evidence I've given to the tribunal is the true facts," Mr Bailey said.

Mr Bailey said they went into a room. "Mr Gogarty handed him over two packages and Mr Burke accepted them and thanked him and wished him well," he said. He believed the packages came out of Mr Gogarty's briefcase and he handed them to Mr Burke. When asked how bulky they were, Mr Bailey said reasonably bulky.

Asked if he was surprised at the bulk of what was being handed over, Mr Bailey said he was. He did not know what was in the envelopes. He assumed it was cash.

Mr O'Neill asked why he had not said there were two envelopes in his statement to the tribunal. Mr Bailey had stated in the statement: "To the best of my knowledge, Mr Burke did not open the envelope but put it away somewhere."

Mr Bailey said to his knowledge it was two envelopes.

Asked why his statement did not say that, Mr Bailey said: "That's my belief at this stage under oath to the tribunal. I still believe that `es' should be there, there's no question about it. I believe that that is a typing error."

Mr O'Neill said that if it was a typing error it would read: "To the best of my knowledge Mr Burke did not open the envelopes but put it away somewhere." That did not read correctly either.

Mr Bailey said: "Well, I have to say that is a typing error because I always believed that there were two envelopes handed over."

Asked what happened then, Mr Bailey said Mr Burke left the envelopes on the sideboard. He did not open them. Mr Burke accepted the donation and just said "thank you very much" and that it was "very much appreciated".

Mr Bailey said he got the impression Mr Burke was very busy and he wanted to get them out of the place. Mr O'Neill asked him if, when he left with Mr Gogarty, he was curious about the envelopes and asked about them. Mr Bailey said all he asked Mr Gogarty was if he was happy with that and he said he was.