Barry says investors knew of his payment to Burke

The three main investors in Century Radio were aware that one of them, Mr Oliver Barry, was making a £35,000 payment to Mr Ray…

The three main investors in Century Radio were aware that one of them, Mr Oliver Barry, was making a £35,000 payment to Mr Ray Burke, Mr Barry has told the Flood tribunal.

This is arguably the key point to emerge on another day of startling revelations at the tribunal.

Up to now, it had been assumed that Mr Barry would argue that his cash payment to Mr Burke in May 1989 was a personal contribution from one old friend to another. However, faced with evidence that the money passed through Century's books, he has told tribunal lawyers that his co-founder, Mr James Stafford, and a hidden investor, Mr John Mulhern, knew in advance about the payment.

On this basis, the character of the payment is more that of a company contribution to a friendly politician than a personal favour. The money was paid just two months after Mr Burke's intervention in a row between Century and RTE, which had the effect of saving the commercial broadcaster more than £400,000.

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Mr Stafford and Mr Mulhern have told the tribunal they only learned of the payment some time after it was made. Mr Barry managed to get back the money he paid to Mr Burke from Century before it closed in 1991.

Before Mr Stafford came to the witness-box to air his allegations of kickbacks sought by Mr Burke and former Fianna Fail press secretary Mr P.J. Mara, Mr Pat Hanratty SC, for the tribunal, completed his opening statement.

He said Mr Barry was denying Mr Stafford's allegation that radio licences could be bought from Mr Burke and Mr Mara - £90,000 for a national one, £75,000 for a Dublin franchise and £25,000 (not £50,000 as Mr Hanratty had said the day before) for a local licence.

As for Mr Mara's involvement, Mr Barry had explained that the intention was "to fix him up with a number with Century". Mr Mara, then the government press secretary but in search of a change of job, was looking for a consultancy, as well as stock options. Financier Mr Dermot Desmond lent his support for this in discussions with Mr Barry and Mr Stafford.

However, as Mr Hanratty pointed out, when these discussions were taking place Century was in a financial crisis. There was no question of taking people on - indeed, the company was taking legal advice about shedding staff - so this was hardly the time to take on a media guru looking for £60-70,000 a year, plus stock options. Mr Mara eventually moved to GPA.

Given the enormity of his allegations, Mr Stafford began his evidence quietly. In clipped and confident tones, he breezed through Mr Hanratty's questions, delivering frequent attacks on RTE and defending his involvement in Century.

Mr Mulhern had a "verbal option" in the company and the "possibility of acquiring shares in due course", Mr Stafford said. Mr Mulhern's involvement was not revealed because, as the son-in-law of the Taoiseach, Mr Haughey, this could be "prejudicial" to Century's bid for a licence. Mr Stafford denied that Century broke IRTC regulations by failing to reveal Mr Mulhern's involvement. After all, Mr Mulhern didn't have any shares in the company, he argued.

Mr Hanratty also revealed new information from Bank of Ireland, which showed the lengths to which Mr Burke went to provide reassurance for Century's bankers. At a meeting in December 1989, he promised bank officials he would eliminate RTE's "excesses" by capping its advertising revenue. This was three months before his Cabinet colleagues learnt of these proposals.

Mr Burke also confirmed his specific "commitment" to Century, as distinct from the commercial radio sector generally.

Just in case their bid for the national radio licence didn't work out, Mr Barry, Mr Stafford and Mr Mulhern were secretly involved in a bid for a radio licence in Dublin. Mr Barry said they wanted "to keep their oar in" in case the national bid failed.

Accountant Mr Paschal Taggart fronted this operation and drew up a detailed proposal. He took a 10 per cent stake and Mr Kevin Heffernan took 5 per cent, but the remainder was held by the three Century principals, who devised an elaborate scheme to disguise their involvement.

Mr Taggart and Mr Barry fell out over costings and Mr Taggart pulled out. The bid was never made but there were further disputes over outstanding bills.

The tribunal has tracked a number of mysterious payments passing through the books of Mr Barry and those of Century. Mr Hanratty pointed to several curious coincidences, including a reference to four debits on one of Mr Barry's accounts in May 1989, totalling £13,100. The same figure was lodged to Mr Burke's account in early June.

It emerges that Mr Barry's generosity was not confined to Mr Burke. At this time, Century donated £5,000 to Fianna Fail - though the party had recorded this as an anonymous contribution - and £2,000 to Fine Gael.

Mr Barry also made a personal donation of £5,000 to Charles Haughey, which he sent to Kinsealy.

Mr Burke has no regrets about his actions as minister for communications, to judge from a statement he sent to the tribunal late last week.

He "100 per cent stands over the decisions he made", his lawyer, Mr Aidan Walsh SC, told the tribunal yesterday. RTE was abusing its position in the advertising market and Mr Burke capped its income in the public interest.

He said six IRTC members had signed a statement saying there was no interference in the commission's decisions on awarding radio licences. He complained that Mr Hanratty's opening statement was "not balanced".