There was no appearance by Mr Charles Haughey's legal team at yesterday's hearing and no indication of any statement from Mr Haughey to the tribunal in relation to the medical fund for the late Mr Brian Lenihan.
Mr Haughey's main counsel, Mr Eoin McGonigal SC, and his other legal representatives have been absent from the tribunal for some months now, reportedly because of a dispute concerning procedures. When he used to attend, Mr McGonigal would occasionally state what his client's account would be in relation to certain matters given in evidence.
In a statement to the media on Wednesday, Mr Haughey said the funds raised for Mr Lenihan had been "properly applied". Mr Haughey's decision to break his self-imposed silence is evidence of the gravity of this latest allegation against him.
At the time of his former colleague's death in November 1995, Mr Haughey said he and Mr Lenihan had had a "lifelong personal relationship . . . We shared everything and he was always a great source of support and guidance and friendship to me, particularly at difficult times".
Donations meant for the Lenihan 1989 fund were given to Mr Haughey, who had them lodged in the Fianna Fail leader's allowance account in AIB Baggot Street. Payments were then made from the account in relation to Mr Lenihan's bills.
However, a cheque for £20,000 from the Irish Permanent Building Society given to Mr Haughey and meant for the Lenihan fund was lodged to the account of Celtic Helicopters. The cheque was lodged along with another cheque from the same source for £10,000, meant for Mr Haughey's personal campaign in the general election then under way. The cheques were both dated June 7th, 1989. A withdrawal of £30,000 was made from the Celtic Helicopters account just two weeks later.
Nothing emerged from yesterday's evidence to counter the impression that the £20,000 had been misdirected. Dr Edmund Farrell, who was chief executive of the Irish Permanent Building Society in 1989, told of receiving a phone call from Mr Haughey, who requested that he come to Government Buildings.
Dr Farrell, who was not told the reason for the meeting, left his offices in St Stephen's Green and went to Mr Haughey's Kildare Street office. Mr Haughey told him that funds were needed for medical treatment for Mr Lenihan, and that only a small number of people were being approached. No figure was mentioned.
Dr Farrell's recollection is that he returned to his office and wrote out the cheque. It was made payable to Mr Charles J. Haughey TD. That same day he also wrote out a cheque for £10,000 made payable to Mr Charles J. Haughey, as well as a cheque for £65,000 made payable to Fianna Fail, and a cheque for £25,000 made payable to Fine Gael. A cheque for £10,000 for the Labour Party was issued on June 12th.
Dr Farrell said the two cheques made out to Mr Haughey would have been posted or delivered to him. They must have been delivered because the cheques were endorsed by Mr Haughey and lodged to a Celtic Helicopters bank account at Dublin Airport on that same date, June 7th.
Dr Farrell said the second cheque, for £10,000, was issued as a result of an approach by the then Taoiseach to him after an early-morning speech by Mr Haughey in the Berkeley Court Hotel. The speech concerned the Irish Financial Services Centre and was part of the election campaign.
Afterwards, when most of the crowd had left, Dr Farrell was leaving with Mr Haughey when Mr Haughey mentioned the fact that the election campaign fund was low. Dr Farrell said his society had already received a letter from Fianna Fail. Mr Haughey said he was referring to his own personal election fund, and not that of his party. No amount was mentioned.
Mr John Barnicle, a director of Celtic Helicopters, said neither he or his partner, Mr Ciaran Haughey, had any memory of the June 1989 lodgment of £30,000 and that there were few records available apart from bank statements. The only reason they could think of for the £30,000 being lodged and then reissued was that Mr Haughey would have prebooked £30,000 worth of flying hours, then changed his mind and had the money refunded two weeks later.
Mr Barnicle offered a similar explanation for a lodgment and withdrawal in 1990. This concerned another £10,000 meant as a political contribution from Irish Permanent. The cheque, dated October 19th, 1990, and made out to Mr Haughey, was lodged to the Celtic Helicopters account. A cheque for that amount was issued on November 14th, though it is not known to whom it was issued.
A cheque for £5,750 from the Fianna Fail leader's allowance account and made out to Celtic Helicopters was lodged to the company's account in September 1991. Mr Barnicle said he and Mr Ciaran Haughey could not remember the payment but presumed it must have been for flying hours. The cheque was signed by Mr Haughey and Mr Bertie Ahern.
Mr Ahern was signatory of a number of cheques from the party leader's account which were made out to cash and at least one of which, for £25,000, was lodged to an account linked to payments to Mr Haughey.