Mr Oliver Barry paid £35,000 in 1989 to Mr Ray Burke, the Flood tribunal heard yesterday, when the concert promoter and former director of Century Radio appeared in response to a summons.
The summons was issued on January 13th, the inquiry was told. It followed an order of discovery issued by Mr Justice Flood, chairman of the tribunal, in relation to all documents pertaining to the payment to Mr Burke, which had been disclosed in private to the tribunal by the former Fianna Fail minister.
The chairman reserved judgment on compliance with the discovery order and adjourned the hearing concerning the summons to a date to be determined, after hearing submissions from Mr Patrick Hanratty SC, counsel for the tribunal and Mr Colm Allen SC, for Mr Barry.
The tribunal had been endeavouring since July last to obtain information voluntarily from Mr Barry concerning the payment, Mr Hanratty told the tribunal. It had been assured on October 11th that Mr Barry "wishes to co-operate fully" but did not believe that he possessed any documents that were relevant. Mr Barry had made a payment to Mr Burke "as well as other politicians and political parties", the letter stated.
That did not help, said Mr Hanratty, as it did not identify the payment. The tribunal requested a full "narrative statement" from Mr Barry.
It received a reply the next day, October 15th, saying the matter was receiving attention. The tribunal wrote again on November 4th, on hearing nothing further.
The solicitors replied that Mr Barry was abroad and would be seeking counsel's advice on his return. The tribunal set a deadline of November 19th for the statement.
On November 17th the solicitors wrote that while Mr Barry did wish to assist the tribunal and would appear, if requested, "in public sittings", he was not willing to make a statement and was advised he was "entitled to so decline."
Ultimately Mr Justice Flood issued an order for discovery of the relevant documents by December 17th.
On January 13th the summons was issued as "the order was not complied with". On February 2nd the tribunal received a letter from L.K. Shields solicitors purporting to include the "original affidavit of discovery by Mr Barry" and claiming that there was no need for him to attend the inquiry, on foot of this.
Ms Maire Ann Howard replied for the tribunal, indicating that the documents were not included. She had no information, she added, that his attendance was no longer required. Without "sight of the documentation" the situation was unlikely to be changed.
Six single-page documents were furnished, each of them referring to "£35,000", but little else. The first was a "copy page" referring to investments and lodgements by Mr Barry and Mr James Stafford (another former Century director), said Mr Hanratty, but everything else was blank except for a "donation" of £35,000 and a "total" for the same amount.
The second document was from Century Communications, dated May 26th, 1989, referring to a donation for £35,000 and with everything else blank.
Mr Allen apologised for his client's non-appearance before the tribunal in the morning as scheduled. He said the order of discovery had been fully complied with.
The chairman was puzzled as to how the documents complied with the order. All there was, he said, were blank sheets and single lines of typewriting, with nothing to indicate who made the payment or what it was for. He decided to reserve judgment.