Controversial bribery allegations against the former minister, Mr Ray Burke, and the former Government press secretary, Mr P.J. Mara, have been withdrawn, the tribunal has been told.
Lawyers for Mr Mara yesterday said that Mr James Stafford, the businessman and co-founder of Century Radio, had effectively withdrawn his "cash for licences" allegation against Mr Burke and Mr Mara.
The claim was made during final submissions by lawyers in the Century "module" of the tribunal's investigations. Mr Justice Flood's report on the £35,000 payment by Century's other co-founder, Mr Oliver Barry, to Mr Burke is expected shortly.
In his evidence to the tribunal, Mr Stafford had said Mr Barry told him that Mr Burke and Mr Mara were operating a "price list" for awarding commercial broadcasting licences. However, in a closing written submission to the Century investigation, Mr Stafford now said this was "a rumour" and he was "unable to say" what substance there was to it.
Mr John McMenamin SC, for Mr Mara, said the cornerstones of Mr Stafford's evidence to the tribunal had collapsed. There was "an extraordinary contrast" between what Mr Stafford said in evidence and what he was now saying.
Counsel accused Mr Stafford of being "willing to wound, but afraid to strike". It was not enough for the tribunal to find there was no wrongdoing on the part of Mr Mara, who was entitled to the vindication of his good name in clear and unequivocal terms.
Mr McMenamin pointed out that Mr Stafford had also changed his evidence with regard to a meeting about Mr Mara's involvement in Century which had been chaired by the financier Mr Dermot Desmond in his office.
Mr Stafford had earlier said that the meeting was told Mr Barry was owed money by Century. However, Mr Mara and others present gave evidence that the meeting was about Mr Mara's possible employment as a consultant to the station. In his closing submission Mr Stafford now says he may have left the meeting "before any proper explanation could be imparted" to him.
Lawyers for Mr Barry said their client's payment to Mr Burke in 1989 was a genuine political donation which was not intended to influence any decision by the minister for communications. There was no evidence of any other payment by Mr Barry to Mr Burke.
Mr John O'Connor, solicitor, for Mr Barry, said his client's costs from the tribunal had been "hugely burdensome". He had retained counsel, but could no longer do so. He had spent £200,000, and a similar amount was outstanding in further liabilities.
Ms Emily Egan, for the Independent Radio and Television Commission, said the IRTC had been "impugned" by some of the statements made to the tribunal. She called on the chairman to reject any suggestion of impropriety against the commission in unequivocal terms. Ms Egan said every member of the commission in 1989 had denied that Mr Burke had made any representations to the IRTC regarding the awarding of the franchise to Century.
