Barry paid £35,000 as a bribe, says judge

THE £35,000 payment by concert promoter and former Century radio director Oliver Barry to Ray Burke was a bribe and not a political contribution, Mr Justice Flood said in his damning report.

The judge said the money was solicited from Mr Barry in May 1989.

He also held that Mr Barry had brought this demand for cash to the attention of his associate in Quality Artists Management Limited, Mrs McManus, along with his fellow promoters in Century, James Stafford and John Mulhern, prior to making the payment to Mr Burke on May 26, 1989.

Both Mr Stafford and Mr Mulhern told the Tribunal they were unaware any payment was to be made to Mr Burke.

However, Mr Justice Flood reached the conclusion that it was agreed by Mr Stafford and Mr Mulhern the payment would be financed by Century although the actual payment of the cash was to be made by Mr Barry through funds at his disposal.

“The payment to Mr Burke was not made as a contribution towards election expenses in Dublin North but was made in response to his request for money at a time when the promoters believed it would assist their private interests if the money was paid to Mr Burke.”

The judge was also convinced that those behind the payment believed Mr Burke would act in Century’s interests when performing his public duties, both as the minister for communications and a member of the Government.

Mr Justice Flood also held that no vouching documentation was sought from Mr Burke by Mr Barry because it was known the payment was an illicit payment which would not be acknowledged by the former minister.

The Tribunal chairman said the £35,000 payment to Mr Burke ensured he was available to serve the interests of Century’s promoters. This was shown by Mr Burke’s willingness to meet with their bankers and give them assurances he would take steps, including if necessary the introduction of legislation, which would be to Century’s financial benefit.

The judge ruled that the ministerial directive obliging RTÉ to provide its facilities to Century, issued by Mr Burke as communications minister on March 14, 1989, was issued to advance the private interests of the promoters of Century and not to serve the public interest.