Nine accounts apparently left out of affidavits
Concert promoter Mr Oliver Barry had disclosed 31 bank accounts to the Flood tribunal but it appeared that nine further accounts existed, the tribunal was told yesterday.
Mr Pat Hanratty SC, for the tribunal, said the nine accounts the tribunal believed existed included some in the Isle of Man.
"It would appear from the documents that there has not been anything approximating complete disclosure of bank accounts in accordance with the orders of the tribunal," Mr Hanratty said. This was entirely unsatisfactory in the tribunal's attempts to close off the investigation of the payment of £35,000 to Mr Ray Burke, he added.
Mr John O'Connor, Mr Barry's solicitor, said in response: "There is not a deliberate policy on the part of Mr Barry to conceal anything from the tribunal."
The chairman said he would require Mr Barry to set out a response. He acceded to Mr Hanratty's proposal that the tribunal would set out the matters required in a letter and that a further affidavit should be furnished.
However, the chairman warned: "There must be action over the Christmas season. There is no question of putting it on the long finger and resurrecting it as an Easter egg."
Mr Hanratty earlier listed the correspondence with Mr Barry's legal representatives, dating back to July 1999, requesting discovery of the financial documents and a voluntary statement. Orders had also been made by the chairman for production of the documents.
On June 16th, 2000, Mr Barry swore an affidavit which he said enclosed details of all bank accounts. In the affidavit, reference was made to approximate
ly 20 accounts. On July 11th, 2000, the tribunal received a list in a second affidavit of another 11 bank accounts.
From the tribunal's investigation, it would appear there were a further nine accounts which were not disclosed by Mr Barry.
"This is despite the fact that there were two affidavits in which he deposed they contained all the bank accounts and despite the enormous volume of correspondence since July 1999," Mr Hanratty said. Two of the accounts appeared to be in the AIB in Cork and others in the Barclays Bank Finance Company in the Isle of Man.
Mr Hanratty also referred to transactions including the transfer of £60,000 from a bank account in the Isle of Man to Mercury Offshore Sterling Trust in Jersey, and $12,500 transferred from an Isle of Man account to the Wells Fargo Bank in Santa Monica, US.
Mr O'Connor said the first affidavit referred to 1,956 documents. "I don't think that is compatible with the mindset of somebody who wanted to conceal anything," he said.
He said the £600,000 transfer related to the purchase of a bond and the $12,500 transfer was a retainer to an agent for artists engaged from time to time by Mr Barry's company.