The names of two senior politicians, one from Fianna Fail and the other from Fine Gael, who are alleged to have received payments from Joseph Murphy Structural Engineering Ltd were not permitted to be revealed yesterday. Mr Garrett Cooney SC, for JMSE, had asked Mr James Gogarty: "Who are the two politicians to whom you say my client was giving payments?"
Mr Gogarty was not given the chance to answer as Mr John Gallagher SC, for the tribunal, interjected and legal argument followed.
The chairman said that this appeared to be hearsay evidence at its worst, verging on gossip, and in any way to permit a public representative's name to be damaged or apparently damaged would be quite wrong. Accordingly, he ruled that the evidence would be much more prejudicial than probative, and the names should not be disclosed.
Mr Cooney had said an article in the Sunday Business Post on May 31st, 1998, carried the headline, "More politicians got payoffs, says man who named Burke." There were serious allegations in the article that payments were made by his client to two senior politicians. Mr Cooney asked Mr Gogarty if this was the information given to journalist Frank Connolly. Mr Gogarty said he would say it was.
When Mr Cooney asked who the politicians were, Mr Gallagher said: "I suggest the politicians should not be named at this stage unless they have been already dealt with or unless allegations have been made in public against them. I don't know who they are."
The chairman said personal reputations could and might well be ruined in the tribunal, but every effort was made to acquaint them of the fact that a charge was going to be laid and give them an opportunity to defend their reputations.
If the allegations were false, as Mr Cooney had said, they might get their names gravely smeared.
Mr Cooney said he was concerned that it was an addition to the other very serious and false allegations Mr Gogarty had made against them. Mr Gogarty had said JMSE made a substantial contribution to politicians for corrupt purposes.
He (Mr Cooney) was raising it to defend them against that allegation, and to show that it was pure fantasy. The tribunal must have been aware of the story but did not bother to investigate it.
He had no wish to embarrass any politician. It was his belief that there was no truth in the accusations. He must defend his client against the charge.
The chairman rose to make certain inquiries, and when the tribunal resumed he gave his ruling.
Resuming cross-examination, Mr Cooney asked if Mr Gogarty named the politicians in relation to his clients to Frank Connolly and Mr Tommy Broughan TD, at a meeting in his (Mr Gogarty's) house.
Mr Gogarty said: "I told them what I was told."