Accountant not aware of book

Mr Joe O'Toole, an accountant to Bovale Developments, was not told about a £50,000 "finder's fee" paid in cash to Mr James Gogarty…

Mr Joe O'Toole, an accountant to Bovale Developments, was not told about a £50,000 "finder's fee" paid in cash to Mr James Gogarty in November 1989, the tribunal heard.

Mr O'Toole, of McGrath & Co, accountants, told Mr Brian O'Moore, for Mr Gogarty, that neither Mr Michael Bailey, Mr Tom Bailey or anybody else told him about the payment, nor had either of the Bailey brothers discussed with him how the payment was recorded in the books. He said such a payment was not recorded as a "cost" against the Murphy lands.

Answering questions from the tribunal counsel, Mr Desmond O'Neill SC, Mr O'Toole said a small book detailing payments made by the company, which had a kitten on the front, was not presented to him at any stage.

It included three payments which appeared to have been made to Mr James Gogarty.

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"We didn't know of the existence of that book," Mr O'Toole said.

Mr O'Neill said: "You had asked on occasions whether there were any other records other than the books you have referred to?"

"Yes," Mr O'Toole replied.

"And you were told that no other books were kept?"

"That's right," Mr O'Toole said.

Earlier, Mr O'Toole said that according to the documents for the period from July 1st, 1990, to June 30th, 1991, a deposit of £230,000 was paid on the Murphy lands. This was paid prior to the period of July 1990 and was reflected in the 1991 accounts.

Also in reference to the Murphy lands, there was a sum of £50,000 expended.

He said the cheque for £50,000 dated September 7th, 1990, was in a column listed under the heading "Sundries".

He said there was not a cheque for £50,000 in the outstanding cheques list three months later.

Mr O'Neill said Mr O'Toole's evidence was that this £50,000, which he attributed to the account of the Murphy lands, was attributed because he had established, after consultation with the directors of the company (Bovale), that this particular cheque for £50,000 under the heading "Sundries" was expenditure incurred in respect of the Murphy lands during the year 1990-91.

This was a payment by cheque and probably cashed.

Mr O'Toole said it went through the account. He did not know whether it was cashed or not.

Mr O'Neill said: "Well, somebody got £50,000 value for this particular cheque."

Mr O'Toole agreed.