Mahon rejects ‘unprecedented’ criticism
Tribunal chairman Judge Alan Mahon made the suggestion when he again categorically rejected claims of bias, made on Monday by Conor Maguire SC.
The tribunal is putting the spotlight on the Taoiseach’s personal finances arising from allegations by businessman Tom Gilmartin that Mr Ahern received substantial payments when he was minister for finance.
After hearing Judge Mahon’s response, Mr Maguire said he still stood by his original criticism of the tribunal’s handling of his client.
Judge Mahon said: “It is a matter of grave concern to us to note that counsel for any party would make a submission in terms which clearly impute bias, lack of impartiality and improper motivation to us as members of the tribunal.”
In all its dealings with Mr Ahern the tribunal had treated him exactly the same as any other witness appearing before the inquiry, said Judge Mahon.
Describing Mr Maguire’s criticism as “wide ranging and unprecedented”, the chairman said it was “entirely unreasonable and blatantly untrue” to state the tribunal had not sought to investigate leaks.
The tribunal, he noted, had proceeded against the editor of The Irish Times and a senior journalist in that paper in an effort to identify the source of the leaked letter. Those legal proceedings were listed for hearing in the High Court in July. “What more can the tribunal do?” the chairman asked. “We’re not allowed to use physical torture on witnesses to find out information.”
Judge Mahon dismissed as erroneous Mr Maguire’s suggestion the tribunal was embarking on an entirely separate excursion well removed from the current Quarryvale II module by delving into the most minute details possible of Mr Ahern’s financial affairs.
The chairman added: “What in effect are serious allegations by Mr Gilmartin of substantial payments to Mr Ahern exist. “The tribunal has, therefore, found it necessary to probe, and to only probe, those significant lodgments that appear in Mr Ahern’s accounts and which are not accounted for by his income.”
The chairman added: “The inference that the tribunal rushed to circulate documentation and to proceed to public hearing other than for the purpose of fulfilling its mandate — and in doing so undermined the democratic process — is a particularly serious allegation to level against the tribunal.”
The tribunal is investigating whether Mr Ahern received money from Cork-based developer Owen O’Callaghan, the main figure behind the development of the Liffey Valley shopping centre in Dublin in the 1990s.
Mr Gilmartin has alleged Mr O’Callaghan told him Mr Ahern was given £80,000 for ensuring that a rival west Dublin development at Blanchardstown was not given tax designation.
Both Mr Ahern and Mr O’Callaghan have strongly rejected the allegation.
Sligo-born Mr Gilmartin — who began his evidence yesterday — recalled how in 1989, Joe Burke, an associate of Mr Ahern, asked him for £500,000 in connection with the Quarryvale project because he knew Mr Ahern “was looking after” him.
Mr Gilmartin said he refused to make corrupt payments — having refused former TD Liam Lawlor and planning official George Redmond.
His feeling at the time, he said, was that “Dublin” was totally corrupt — and he trusted nobody.
