Floodgates open

RAY BURKE and almost 20 others could face prosecution for taking bribes and/or attempting to hinder the work of the Flood Tribunal.

The Director of Public Prosecutions is considering the explosive findings of the planning tribunal’s report which concluded yesterday that former Fianna Fáil minister Ray Burke:

* received almost £300,000 in bribes from land developers over a 20-year period.

* had a series of off-shore bank accounts into which property developers secretly paid £160,000

* purchased a house corruptly at a knock-down price from developers, which he later sold for €3 million.

* received a £35,000 bribe from Century Radio boss Oliver Barry for political favours, after securing a radio licence.

Subsequent to the payment, Burke capped RTÉ’s advertising revenue, in a move which was hugely beneficial to Barry’s Century Radio.

The tribunal named 18 individuals, including Fianna Fáil’s former press officer PJ Mara, who had failed to co-operate with the tribunal. Mr Mara failed to reveal an offshore account he owned.

The tribunal also rejected claims by property developers, such as Brennan and McGowan, that payments to Ray Burke were political donations.

It is now up to the DPP to decide whether Mr Burke committed a criminal offence. Proving corruption under 100-year-old corruption laws may prove difficult given the level of evidence required.

Anyone found guilty of obstructing a tribunal of inquiry faces a maximum penalty of two years in jail or a €12,700 fine.

Many of the tribunal’s conclusions of corruption are based on the “balance of probability” and “reasonable inferences” in the absence of compelling written proof of wrongdoing.

It is almost certain that any corruption prosecution will be heard before a jury trial as it is an indictable offence, requiring proof beyond reasonable doubt.

Mr Justice Flood also said the Revenue Commissioner and Criminal Assets Bureau have received in excess of €34.5 million in connection with tax compliance issues arising from the tribunal.

This means the tribunal, which has cost €21.4 million has already paid for itself and more money is expected to be clawed back.

The Flood Tribunal is due to sit publicly next month where Mr Justice Flood is expected to turn his attention to payments former Fianna Fáil press secretary Frank Dunlop made to a host of councillors in relation to the Quarryvale rezoning decision.

The Flood Tribunal was sparked by a newspaper advert which sought information about planning corruption in North Co Dublin. James Gogarty responded to the advertisement with a series of allegations which unravelled a web of corrupt payments made in relation to planning decisions.