Tribunal inches slowly towards nub of allegations

Slowly, tortuously and often clumsily, the planning tribunal is approaching the nub of Mr James Gogarty's allegations about payments…

Slowly, tortuously and often clumsily, the planning tribunal is approaching the nub of Mr James Gogarty's allegations about payments by builders to the former minister for foreign affairs, Mr Ray Burke.

Yesterday's evidence inched its way towards the circumstances of the fateful meeting Mr Gogarty and others had with Mr Burke in the politician's home in 1989. But just as it arrived on the brink of hearing this testimony, proceedings were adjourned early as the lawyers were sent fishing around in vain in their files for copies of a letter demanded by their 81-year-old witness.

His long, angry, serious face notwithstanding, Mr Gogarty could almost be said to be enjoying this. Again yesterday, he was as assured a witness as a frail octogenarian could be, insistent on various points he said were important and impressive in his power of recall.

On his third day in the witness box, he was confident enough to slow down the barristers when they were reading too fast, point out misspellings in a letter, offer to read out the letters he wrote a decade ago and ask for a break when he needed one.

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At times Mr Gogarty seemed to be making curious common cause with the lawyers for his old employers, Joseph Murphy Structural Engineering, to have as much correspondence as possible brought in front of the tribunal. Twice the tribunal took a break as seemingly innocuous correspondence had not been made available to the various parties.

Both Mr Gogarty and JMSE feel there are crucial issues of credibility at stake here, and both sides believe the documentation will vindicate their respective cases.

Yesterday, for the first time, the tribunal heard about the "700-odd acres" of land, worth over £3 million, it was set up to investigate. Mr Michael Bailey, the Mayo-born builder who wanted to buy the lands from JMSE, was also mentioned for the first time.

But as Mr Gogarty said, "things were happening all over the place at the time". The most important of these were:

Mr Gogarty's ongoing fight to secure a pension from JMSE.

His involvement in seeking additional monies from the ESB in respect of JMSE's work on the huge Moneypoint generating station in Co Clare. Mr Gogarty expected to be able to keep half of anything he extracted from the board in excess of £42,000.

An unfair dismissals case brought by a former JMSE executive, Mr Liam Conroy, against the company in the Isle of Man.

Mr Gogarty said last week that Mr Conroy's affidavit accused JMSE's Guernsey-based owner, Mr Joseph Murphy, of "everything under the sun". Yesterday, he said it "motivated Murphy to dispose of all his lands in Ireland and realise his assets and get them out of the country".

Mr Murphy wanted to sell his lands even if this meant selling them at a discounted price, Mr Gogarty said. He wanted them sold by private treaty rather than public auction because he was "very worried that it would get into the public domain".

"He said he wanted to dispose of all lands and take remaining assets out of the jurisdiction because of the implication in the affidavit that if the Revenue were after him they would take the trusts off him."

Mr Gogarty said he tried to sell one of the pieces of land in Swords in North Dublin to one of Mr Bailey's companies in 1988, but was told by JMSE's financial controller, Mr Roger Copsey, that he had no authority to do so. "Fuck Copsey" was his reaction, he told the tribunal, "I'm finished with that."

But at least he seemed to be making progress over his longstanding pension grievance. In May 1989, he offered to settle for a lump sum of £300,000, an amount Mr Gogarty said was equivalent to "a lousy £18,000 a year" for his wife and family. What galled the witness was that he had earlier been offered £24,000 a year by Mr Conroy but had refused this on Mr Murphy's advice.

However, in addition Mr Gogarty wanted to be retained as a consultant for five years on his £23,500 salary, with car and phone expenses; £70,000 in unpaid bonuses and other compensation, as well earning commission on the outstanding ESB work. In return he would resign all directorships with JMSE.

There was "90 per cent agreement" on his pension. There were rows over the ESB work, with Mr Gogarty rejecting claims that he had failed to disclose information to JMSE about his negotiations. Under pressure from JMSE, he agreed to increase the threshold over which he would earn a 50 per cent commission from £42,000 to £130,000.

Mr Gogarty drafted a letter to the ESB accepting a settlement of £700,000 including VAT in September 1989. Although Mr Murphy was said to be delighted - and Mr Gogarty stood to benefit by over £200,000 - he felt he was "on risk" of never receiving the money.

Mr Gogarty said JMSE laid down another condition before settling his pension. An accountant came over from London in 1989 with an affidavit countering Mr Conroy's claims. He wanted Mr Gogarty to sign it. Mr Gogarty said he was not happy with the document and refused.

"If you don't swear that affidavit your pension is deferred and the matter will not be resolved," he was told. The witness insisted the accountant had later written a letter to his solicitors to this effect. "I want that letter," he told the chairman, Mr Justice Flood. "I'm asking you to produce all the facts, warts and all. It's important for the tribunal. In the name of God, where do I go from here?"

But when the lawyers couldn't find the elusive letter, the judge was left with no alternative but to adjourn proceedings to today.