Libel jury told of 'duty' to report £50,000

Fianna Fβil national organiser, Mr Sean Sherwin, told a High Court jury yesterday he felt it was his duty in 1993 to inform the…

Fianna Fβil national organiser, Mr Sean Sherwin, told a High Court jury yesterday he felt it was his duty in 1993 to inform the then Taoiseach, Mr Albert Reynolds, of an allegation that £50,000 had been given by property developer Mr Tom Gilmartin to Mr Pβdraig Flynn in 1990.

Mr Sherwin said had told the new Taoiseach as he was about to appoint his Cabinet. He felt reasonably confident Mr Reynolds was going to appoint Mr Flynn and felt it important to inform him.

Mr Sherwin was being cross-examined on the second day of his action for damages against Independent Newspapers plc. He alleges he was libelled in a Sunday Independent article by political editor, Mr Jody Corcoran, published on February 14th, 1999.

Mr Justice O'Sullivan and a jury were told by counsel for Mr Sherwin (54), Cappaghmore, Clondalkin, Dublin that the story was false and damaging to him. He claims the article meant he wrongfully solicited money from Mr Gilmartin for his sister-in-law, Ms Catherine Sherwin, who stood as a candidate in local elections.

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Independent Newspapers plc denies Mr Shermin's claims.

Mr Gilmartin had plans for two major developments in Dublin, at Quarryvale and Bachelor's Walk. The court was told that in 1990, Mr Gilmartin met Mr Sherwin to discuss his proposals.

Cross-examined yesterday by Mr Kevin Feeney SC, for the Sunday Independent, Mr Sherwin said he was astonished when Mr Gilmartin informed him at a meeting in 1990 that he had given a £50,000 contribution to Fianna Fβil through Mr Pβdraig Flynn, then minister for the environment and Fianna Fβil joint treasurer.

Mr Sherwin said it was not for him to be judge and jury over the allegation. He learned there was no evidence that the money arrived with Fianna Fβil and this reinforced his view this was a scandalous allegation by Mr Gilmartin.

Mr Sherwin said the Taoiseach, Mr Ahern, had since put a letter before the Dβil, written by the party's general secretary to Mr Flynn, then a commissioner in Europe, asking Mr Flynn were the monies ever received by him. Mr Flynn's reply was that he would deal with the matter when it came before the Flood Tribunal.

Mr Sherwin said it was not his job to find out whether Mr Gilmartin's claim was true or not. He understood that arising from publicity in the Sunday Independent in 1998 he ended up being interviewed by the lawyers for the Flood Tribunal. Asked why he did not go to Mr Flynn, Mr Sherwin said he did not consider it to be his duty.

Counsel said Mr Gilmartin would give evidence that he told Mr Sherwin of difficulties he was having with Fianna Fβil politicians including Mr Liam Lawlor TD. Mr Sherwin agreed.

Mr Sherwin said at a second meeting, Mr Gilmartin said Mr Lawlor was claiming he was acting in some consultancy manner in relation to the Bachelor's Walk development.

Mr Sherwin said it would be totally inappropriate for him as national organiser to ask for a financial contribution for a candidate, effectively putting one candidate in a more favourable position than another, especially if that candidate was his sister-in-law.. It would have been "outrageous and wrong".

The hearing continues today.