James Gogarty, an 85-year-old former garda, will feel vindicated by Mr Justice Flood's report, particularly the rejection of allegations made against him by others, writes Joe Humphreys
Few people have more reason to be happy with Mr Justice Feargus Flood's interim report than Mr James Gogarty, the tribunal's so-called star witness, whose allegations of corruption involving his former employers JMSE, and ex-minister Mr Ray Burke, formed a central part of the inquiry.
In the early days of his marathon session in the witness box, the 85-year-old former garda said he had come to the tribunal "to get the truth, warts and all, and if I did wrong I am ready to take my place in the queue to pay for it."
Far from being found guilty of wrongdoing, however, Mr Gogarty has effectively been vindicated by the interim report, the inquiry having accepted the thrust of his evidence on a payment to Mr Burke of up to £80,000 by JMSE and the builder Mr Michael Bailey.
Mr Gogarty claimed the payment had been to secure the politician's "support and political influence on councillors" in rezoning 700 acres owned by the Murphy companies in north Co Dublin. The land was the subject of a joint-development proposal involving Mr Bailey and his companies, and the Murphy companies.
Mr Gogarty's claims were strongly denied by those involved. However, the report was unambiguous in its findings. "The payment received by Mr Burke amounted to a corrupt payment and all present at the meeting were aware that it was such," it said.
Mr Gogarty recalled in evidence carrying the JMSE contribution of £30,000 to £40,000 to the meeting at the home of Mr Burke - then minister for industry and commerce - at Briargate, Swords, Co Dublin, shortly before the June 1989 general election. He further claimed witnessing Mr Joseph Murphy jnr handing over this payment, and Mr Bailey handing over a similar sum.
Mr Gogarty famously remarked: "There was some general chat on the way [to Mr Burke's house] and I remember saying in a light-hearted way: 'I suppose we will get a receipt for these monies', and Mr Bailey replied: 'Will we f**k!'"
Born in 1917 in Kells, Co Meath, Mr Gogarty served in the auxiliary force of An Garda Síochána during the second World War and later joined the force proper and was stationed at Clontarf, Dublin. He left to complete studies in engineering, which led to work in the construction industry, and by 1969 he was managing director of Joseph Murphy Structural Engineers Ltd (JMSE), a post he held for some 14 years.
He remained with the company as non-executive chairman but relations soured with his employers.
Initially, Mr Gogarty had been aggrieved at what he perceived as a failure of the company to secure his pension. Mr Murphy snr eventually promised the pension in May 1989. However, to secure the commitment, Mr Gogarty had a £700,000 cheque from a land deal with ESB sent to the offices of his solicitor, rather than JMSE, for use as a lump sum against which his pension could be drawn.
The incident led to a falling-out between Mr Gogarty and Mr Murphy jnr. There was further litigation between the two parties over claims of overpayment of expenses to Mr Gogarty, and his right to receive his P60 from his former employers. Both cases were won by Mr Gogarty, thereby serving to deepen Mr Murphy jnr's "hatred" for Mr Gogarty, the report said. It noted such hatred manifested itself in two phone calls to Mr Gogarty's home in the early hours of June 20th, 1994, in which Mr Murphy jnr "verbally abused Mr Gogarty and threatened him with physical violence.
"The tribunal accepts that Mr Murphy jnr subjected Mr Gogarty to a shocking and frightening experience. Mr Gogarty was, at that time, 77 years of age and in poor health, suffering from a number of serious ailments."
In evidence, Mr Gogarty further claimed that Mr Murphy jnr had been responsible for acts of malicious damage to his property in the years after his retirement. However, the report said, "the tribunal is satisfied that there is no substance in these beliefs and that Mr Murphy had no hand, act, or part in damaging Mr Gogarty's car, or in firing shots at his window, as claimed by Mr Gogarty."
Of particular satisfaction to Mr Gogarty will be the tribunal's rejection of allegations made against him by other parties.
The report criticised Mr Burke, Mr Murphy jnr, and Mr Michael Bailey, among other individuals, for giving false accounts of the involvement of Mr Gogarty in various dealings. Mr Michael Bailey and his brother Mr Tom Bailey were also found to have falsely alleged that certain payments were made to Mr Gogarty which, if true, would have damaged Mr Gogarty's reputation.
The only evidence of Mr Gogarty which was questioned by the tribunal was his description of the sums involved. Regarding the Bailey payment, which Mr Gogarty estimated at £40,000, the tribunal noted "the actual contents of the envelope remain unknown."
As for the JMSE payment, the report said the tribunal was satisfied it was not less than £30,000 and may have been £40,000.