Mr James Gogarty is to be recalled to the Flood tribunal to give evidence about telephone records which apparently show he rang developer Mr Michael Bailey many times in the 1990s.
Mr Gogarty, the former managing director of JMSE, has always denied he contacted Mr Bailey during that time. He has also denied receiving money from the Baileys or Bovale Developments Ltd amounting to £162,000. Mr Michael Bailey and Mr Thomas Bailey gave evidence that Mr Gogarty received the money as a finder's fee for land in north Co Dublin which they bought. Mr Michael Bailey said Mr Gogarty rang on numerous occasions in the 1990s to "pester him" about the money.
They said they gave Mr Gogarty £50,000 in cash and two post-dated cheques for £50,000 each in 1989. After that, they paid him in "dribs and drabs", and Mr Gogarty also wanted interest. Earlier yesterday, Mr Thomas Bailey corroborated this.
Evidence was then given of an investigation carried out by Eircom and Eircell into telephone calls involving Mr Michael Bailey and/or Bovale and Mr Gogarty; Mr Bailey and Mr Ray Burke; JMSE, Mr Frank Reynolds, Mr Joseph Murphy snr, Mr Joseph Murphy jnr and Mr John Maher, and other parties.
Eircom's services development manager Mr Joe O'Reilly said they received a request which dealt with the period January 1st, 1989, and November 4th, 1997, to see if there was a match between certain numbers.
Mr Desmond O'Neill SC, for the tribunal, said 97 of the 5,500 calls corresponding to those numbers, were relevant. The first document related to a record of calls between Mr Gogarty and Mr Michael Bailey. In Mr Gogarty's sworn statement, he said he had no further contact with Mr Michael Bailey from 1992 to 1996. The Baileys, however, said there was frequent contact initiated by Mr Gogarty within that period, which appeared to be borne out the record of phone calls. Mr Brian O'Moore SC, for Mr Gogarty, said Mr Gogarty would be happy to return to give evidence. He would have to check to see if he was well enough.
Mr O'Neill asked Mr Michael Bailey if he could recall specific calls Mr Gogarty made to him, starting on February 23rd, 1993. In 1993, there were 13 calls; in 1994, nine; none in 1995; in 1996, 15. "I wouldn't have a clue but this document does vindicate me on my evidence that Mr Gogarty was pestering me a number of times," Mr Bailey said.
Mr O'Neill asked if he know why there was a two-year gap between May 1994 and May 1996.
"It bothers me really. I believe he has another phone as he was still calling me. I'd like to see what address he had at that time for that line," Mr Bailey said.
Mr Bailey said he believed he made the last payment, £15,000, to Mr Gogarty at his home at the beginning of June 1996, which Mr Gogarty denied.
The Flood tribunal inquiry into the circumstances surrounding the payment of money by concert promoter Mr Oliver Barry to Mr Ray Burke in 1989 has been adjourned until July 18 on the application of lawyers for the former minister for industry, commerce and communications.
The section of the tribunal was due to begin on Tuesday. Mr Burke's lawyers applied for a three-week adjournment on the grounds that they had not had sufficient time to prepare for these sittings.