A Co Louth widow told the High Court yesterday she had told Ms Beverley Cooper-Flynn of "undeclared" money held by her in a Newry bank account and they had discussed it at length.
Also yesterday, Mr Nigel Darcy, who said he had been subpoenaed as a witness, said he had worked for NIB from May 1989 until September 1998. At one stage, he was head of the financial advice and services division.
Five financial services managers dealing with high-value business were under him. Ms Cooper-Flynn was one. When it became clear the Emerald International Product was not working in terms of sales, the bank decided to introduce CMI personal portfolios, he said.
Mr Kevin Feeney SC, for RTE, asked what kind of person these products were aimed at. Mr Darcy looked at Mr Justice Morris and said he would like to seek the protection of the court and to claim immunity. The jury was sent to its room while legal submissions were made in its absence.
In evidence, Ms Joan Quigley said her late husband had operated three farms in the Dundalk area and had opened the Newry account some years before his death in 1986. She said Ms Cooper-Flynn knew the money was undeclared.
The Mayo Fianna Fail TD, then an investment adviser with National Irish Bank, advised her to go for the CMI personal portfolio investment policy and not for the tax amnesty, Ms Quigley said. She invested sums in the CMI account about 1993.
Ms Quigley, of Darver, Dundalk, said that in 1998 there was publicity about the CMI personal portfolio scheme and National Irish Bank. She made contact with an accountant and later with the Revenue, to which she had paid £50,000 on account. She issued proceedings against NIB in July 2000.
Yesterday was the 17th day of Ms Cooper-Flynn's action alleging libel against RTE, journalist Charlie Bird and a retired farmer, Mr James Howard, Wheaton Hall, Drogheda. She claims she was libelled in broadcasts in June-July 1998, and words used meant she had instigated a scheme intended as a means to evade the lawful payment of tax. The defence denies libel.
Ms Quigley said she had five children, aged between 24 and 34. Her late husband did the day-to-day banking at a Dundalk bank. He also had money in the First Trust, Hill Street, Newry. She knew of the Newry account but did not use it. It was in her husband's name and would pass to her on his death.
When her husband died, there was no provision for her in the will. The lands went to her sons and the girls were left money. The Newry bank account was not mentioned in the will. She informed the Newry bank of her husband's death and used that account then.
She heard of the tax amnesty in early 1993. An accountant told her the undeclared money would have to be reported. She was "afraid to take that road". She told a person in NIB, Dundalk, that she had the undeclared money. That person told her about a financial adviser.
Ms Quigley said she and one of her sons met Ms Cooper-Flynn in the bank and she told Ms Cooper-Flynn her about the undeclared money. She met Ms Cooper-Flynn several times. She explained the CMI scheme and said if Ms Quigley availed of the amnesty and her sons continued to farm, they would be more or less "under a microscope" for the rest of their lives.
She took her advice and joined the CMI scheme. She told Ms Cooper-Flynn she would like to get out money every two or three months as an income. She got the cheques cleared in NIB, Dundalk.
She had never spoken to Mr Howard and did not know him.
The hearing resumes today.