THE public hearing of the Dunnes tribunal was adjourned after 10 minutes yesterday to allow an application to pursue documents in Britain and the Cayman Islands relating to payments to politicians.
Counsel for the tribunal, Mr Denis McCullough SC, asked yesterday that the tribunal continue its work in private to hear why transactions involving payments to off-shore bank accounts by Dunnes Stores and Mr Ben Dunne, implicating two politicians, should be pursued in London and Cayman Islands courts.
The tribunal chairman, Mr Justice Brian McCracken, agreed and the tribunal decided to seek discovery of the relevant documents in those two courts.
The decision was made at a private hearing of the tribunal, which followed the brief public hearing. The tribunal will start taking evidence in a week's time, Monday, April 21st.
When the tribunal resumed yesterday, Mr McCullough said considerable progress had been made so far. "We have been given very considerable co-operation and assistance by the party representatives and others... The team is very grateful to all the people for that co-operation.
"We investigated various financial transactions originating in the Isle of Man and there are inquiries in train in the UK and the Cayman Islands. The team has obtained comprehensive information relating to a number of transactions involving Dunnes Stores, Mr Ben Dunne and two members of the Oireachtas during the period covered by the terms of reference.
"Through the co-operation and assistance of the various political parties we have been given very comprehensive information as to political contributions made by Dunnes Stores and Mr Ben Dunne to those parties. Many, though not all of the members of the Oireachtas have responded to the tribunal's request for information and a number have indicated they obtained political contributions from Dunnes Stores or Mr Ben Dunne.
"The information available to the tribunal team suggests that certain relevant payments were made into off-shore bank accounts and it is proposed to make applications to the tribunal for the issue of letters rogatory to the direction of the High Court in England and Grand Court in the Cayman Islands, seeking the assistance of those courts for the examination of appropriate bank accounts and taking evidence from relevant witnesses."
Mr McCullough said this involved certain difficulties as the applications would involve placing certain information before the tribunal which, at this stage, might prejudice the co-operation which the tribunal obtained from individuals and institutions.
He said the tribunal had power to conduct the proceedings without the public being present if it was in the public interest. "It is clearly in the public interest that persons and institutions which have already indicated a willingness to co-operate should be encouraged to continue to do so and that no steps should be taken by the tribunal which would prejudice that co-operation in any way
Therefore, he was asking the chairman, Mr Justice Brian McCracken, to adjourn the public sitting and sit again in private to hear the application for discovery. Counsel for the public interest, Mr Edward Comyn SC, said he had no objection.