Fine Gael has never checked with its former minister, Mr Michael Lowry, to see whether he had any involvement with a $50,000 donation to the party from Esat/Telenor, the tribunal heard yesterday.
The party's former general secretary, Mr Jim Miley, conducted an investigation into the payment in 1998 after Telenor became concerned it might fall under the terms of reference of the Moriarty tribunal. He said yesterday neither he nor anybody else from the party asked Mr Lowry if the money had passed through any account with which he was connected.
Counsel for the tribunal, Mr Jerry Healy SC, pressed Mr Miley on why Mr Lowry was not contacted. Mr Miley said the party approached the matter rigorously and was so concerned it got senior counsel's advice on whether the matter should be referred to the tribunal. The advice from counsel was it didn't fall within the tribunal's terms of reference.
Mr Healy opened a memo prepared by Fine Gael's solicitor, Mr Kevin O'Higgins, containing details of a meeting he had with Mr Miley in March 1998. It noted that Mr Miley's concern about being referred to the Moriarty tribunal was it would have "disastrous political consequences".
It added: "I just pointed out that although it is clearly in their interest (Telenor's) that they don't have to refer the matter to Moriarty, similarly we (Fine Gael) want to give them little opportunity of feeling that they have to do so".
Counsel put it to Mr Miley that this suggested the party was not enthusiastic to inquire into the matter in case a Michael Lowry connection emerged.
Mr Miley said the money was given to the late Mr David Austin, a former party fundraiser, in late 1995 or early 1996. He presented it to the party as a personal contribution in May 1997, when Mr Lowry was no longer a member of the party.
Counsel said while Mr Lowry was not a member of the party when the donation was received in 1997, he was a Fine Gael minister and a signatory on party accounts when the contribution was solicited in 1995. Mr Miley agreed.