Telephone numbers? No, the tribunal’s bills

PORING over the eight-digit figure for the tribunal’s bills, you’d be forgiven for thinking that numerous third-party expenses which make it up were a type of algebra equation.

But euro upon euro do add up, all eventually coming from the public purse.

It’s more than 10 years since the Mahon Tribunal began its trawl through politicians’ bank accounts and scrutiny of planning decisions. Much has been made about its own lawyers’ fees, but little has been said about the blank cheque granted to third parties.

In June 2005, Judge Mahon revealed he intended awarding legal costs to most witnesses at Dublin Castle, where no adverse findings were made. The tribunal gravy train simply continued down its track.

Figures published today show the telephone number-like amounts which have piled up to date on Judge Mahon’s desk. These were before his costs ruling.

In fact, the €8.5m only accounts for the early stages of the inquiry, during its first few modules up until 2002. It’s questionable whether some witnesses should have graced the witness box at all, or indeed needed to hire the country’s top legal brains.

Dermot Ahern had the misfortune of being sent by Bertie Ahern to investigate alleged payments to Ray Burke. But he had nothing to do with them.

Dermot Ahern’s lawyers, including his solicitor brother, Tim, defended their costs because the minister had to fend off rigorous cross-examination.

But while his legal expenses amounted to nearly €300,000, ultimately his testimony unearthed little.

RTÉ needed to defend its patch when quizzed about its transmission facilities and knowledge of Century Radio. The exchequer is left with a €1.1m bill to refill the coffers of the public body.

It is also worth examining if brief witness appearances can command phenomenal legal fees, enough in fact to buy a small home.

Marcus Sweeney, a former executive with JMSE, spent half a day at Dublin Castle. His lawyers faced no orders of discovery. Nonetheless, he successfully claimed more than €355,000 having to travel for consultations with his lawyers.

Judge Mahon’s 2005 ruling on third-party costs could see an avalanche of claims next year, with only the corrupt (Ray Burke’s €10m-plus bill was rejected) being denied.

Up until 2002, witnesses were clocking up expenses of nearly €27,000 a day, according to bills settled. This will undoubtedly increase by the time Judge Mahon tackles his second round of third-party costs.

In the meantime, political parties can follow the country’s addiction to litigation and legal representation, when appearing at Dublin Castle.

Pressure to derail the tribunal gravy train will surely grow as the eight- digit bills continue to land on government desks.