An assault on the tribunal's integrity

For months now, Taoiseach Bertie Ahern has been playing the role of innocent and helpless victim in his appearances before the…

For months now, Taoiseach Bertie Ahern has been playing the role of innocent and helpless victim in his appearances before the Mahon tribunal, while a number of Fianna Fáil Ministers have responded like a supporting chorus.

It has been a distasteful spectacle. The three judges involved were selected as independent, trustworthy and impartial individuals to conduct these inquiries by Cabinet members who are now alleging bias.

It comes as no surprise that the latest attack on the integrity of the tribunal should coincide with Mr Ahern's increasing difficulties in providing credible explanations for payments into and out of a variety of bank and building society accounts. Judge Alan Mahon objected to the suggestion that the three presiding judges were not only avoiding their responsibilities but "were off on an illegal, corrupt and criminal frolic of their own". The allegations were, he felt, designed to attract headlines.

Not only have they attracted headlines, they have diverted public attention from where it should rightly focus: on the nature of the answers being provided to the tribunal by the leader of this State. The tribunal has adopted exactly the same procedure in relation to the Taoiseach's affairs as it did with previous witnesses: it is following the money trail. Judge Mahon acknowledged that this was a slow and painstaking process. But they had a duty to establish whether money alleged to have been paid by property developer Owen O'Callaghan had passed through these accounts. After all, he pointed out, lodgements amounting to 2½ times the Taoiseach's admitted income had been made during a 12-month period.

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Attempts have been made to suggest Mr Ahern's behaviour in accepting donations was similar to that of other TDs at the time and that political and personal bank accounts tended to be interchangeable. But Mr Ahern was minister for finance. And cabinet guidelines were quite clear on the propriety of ministers accepting money. Even the acceptance of valuable, non-monetary gifts had to be cleared by the taoiseach of the day.

It is clear that Mr Ahern and his close political aides conducted the financial affairs of the Dublin Central constituency in an unorthodox fashion and attempted to conceal this from the tribunal. Details of a B/T building society account, containing almost €48,000 but dormant since 1995, were withheld. Funds were lodged in the name of the Taoiseach's close associate Tim Collins. And money from the account was used by Celia Larkin to purchase a house. Since Christmas, that loan has been repaid and the account changed.

The Taoiseach is engaged in a desperate damage limitation exercise. The tactic employed involves a direct assault on the integrity of the tribunal. In the short term, criticism of the tribunal will divert attention away from Mr Ahern's limping, unconvincing evidence. In the longer term, it can be used to rubbish the tribunal's findings. It should be recognised for what it is.