Ahern counsel rebuked for attack on Gilmartin

TAOISEACH Bertie Ahern’s barrister at the Mahon Tribunal has been rebuked for an attempt to demolish the credibility of key witness Tom Gilmartin.

Tribunal chairman Judge Alan Mahon told Conor Maguire SC his behaviour was “improper” and “unhelpful” after the barrister brought up surprise evidence of a court case Mr Gilmartin was involved in 26 years ago in which a judge labelled him “shifty”.

Yesterday’s proceedings ended noisily after counsel for Mr Gilmartin intervened to defend his client. Counsel for the tribunal objected to Mr Maguire’s conduct, Mr Maguire protested his cross-examination was being “neutered” and Mr Gilmartin insisted on responding to the criticisms.

Judge Mahon had to keep order while a packed public gallery erupted variously into rounds of applause, cheers of support and choruses of disapproval. The dispute arose after a second day of testy exchanges between Mr Gilmartin and Mr Maguire, who has accused the property developer of being unreliable and inconsistent.

Mr Maguire challenged Mr Gilmartin’s accounts of meetings with Mr Ahern, in particular, one he says he had with nine government ministers, including the Taoiseach, then Minister for Labour, in Leinster House in February 1989, following which a mystery man demanded £5 million for supporting his shopping centre plans.

Mr Maguire said Mr Ahern would tell the tribunal he could not have been at such a meeting as he was in Glasnevin on the city’s northside presenting certificates to participants who had completed a course at the National Industrial Fire and Safety Training Centre.

He produced a copy of a page from the Taoiseach’s diary for February 1 showing an entry for the engagement at 5pm, half an hour before Mr Gilmartin says Mr Ahern was in Leinster House. Mr Gilmartin replied that Glasnevin and Leinster House were “not a thousand miles apart” and besides, he was not insisting the meeting was on February 1 as it may have taken place the following day.

Either way, he said Mary O’Rourke, then Minister for Education, would back up his evidence that the meeting took place and he accused Mr Ahern of having a “very bad memory” and of having “misled the Dáil” on the issue.

Mr Gilmartin also said he had told Tánaiste Mary Harney about his visit to Leinster House and “about what was going on” when he met her at a housewarming party.