Findings must lead to prosecutions

THE findings of the interim report of the Flood Tribunal formally uncovered a trail of corruption and bribery, perjury and obstruction which is breathtaking in its scope.

It is a trail which, in the name of common justice, must lead to criminal prosecutions of those who, for nothing other than greed, subverted the laws of this country.

Former minister, Ray Burke, who disgraced a position of trust, heads a list of people who, having contemptuously put themselves above the law, then tried to thwart the work of the tribunal by obstruction, hindrance and unalloyed perjury.

For that, they face the distinct possibility of having to meet their own significant legal costs.

After five years, and at a cost so far of more than €20 million, Mr Justice Feargus Flood has contributed enormously to restoring confidence in a rotting system.

Criticised for the slow pace at which it proceeded and for its wide terms of reference, the Flood interim report has delivered an unequivocal and damning indictment on Mr Burke and his cohorts.

In the process, the cost incurred has been more than covered with the recovery of more than €30m from people who attracted the attention of the Revenue Commissioners.

The report found Mr Burke received corrupt payments of almost €200,000 from property developers, builders and other business people to flout the planning laws.

He also used his position to promote the interests of Century Radio and was paid £35,000 by Oliver Barry, which the report calls a corrupt payment. For that, Mr Burke was available to serve the interests of the radio station.

Even his family home in Swords was tainted by his crookedness. The report states the expansive house was acquired in a transaction which was not normal and it, too, amounted to a corrupt payment.

Mr Burke prostituted himself and abused the positions of trust he held and there were plenty avaricious opportunists with deep pockets to feed his venality.

Without them, the men who believed money could buy them power and influence which was not their due, pathetic figures like Mr Burke would not exist.

Mr Justice Flood’s conclusive findings are an acute embarrassment to the Government, but especially to Taoiseach Bertie Ahern and Tánaiste Mary Harney.

At a time when serious allegations brought the probity of Mr Burke into question, the Taoiseach appointed him Minister for Foreign Affairs, a senior Cabinet position.

The Tánaiste acquiesced in that appointment, having accepted assurances from the Taoiseach that Mr Burke was a man of character, fit to hold the position.

The Taoiseach arrived at that flawed conclusion having, as he said himself, “climbed every tree” in north Co Dublin regarding the allegations which he described as “the persistent hounding of an honourable man”.

Just how honourable he was emerged only a few short months later when it was established that Ray Burke had taken payments from JMSE, an engineering firm.

In late 1997, the Flood Tribunal was set up to investigate the planning history of 726 acres of land in north Co Dublin, something for which the Taoiseach was yesterday trying to take the credit. It was established by the Dáil following the persistence of the opposition parties and Mr Ahern’s eventual agreement.