Mr Michael Bailey agreed yesterday that his memory of what was discussed at a meeting with Mr Ray Burke in 1997 did not accord with the former minister's evidence to the tribunal.
The developer said Mr Burke did not ask for his recollection of the 1989 meeting when Mr Gogarty handed over money, as Mr Burke had stated in his evidence.
Mr Bailey also said that Mr Burke had made no reference to having met the Taoiseach in relation to immunity for Mr Gogarty, as Mr Burke had testified.
In June 1997 Mr Burke had contacted him by telephone on a Sunday morning and asked him to call over to see him at his home.
Mr Burke had been appointed to the Government. He was highly concerned about an article in a Sunday newspaper. He was alone and had asked: "What's this guy Gogarty, what's he up to, what is the position?"
Mr Bailey said he gave Mr Burke the background of the land they bought, how he had come to meet Mr Gogarty and what he asked him to do.
Mr Desmond O'Neill SC, counsel for the tribunal, asked if Mr Burke had said anything about Mr Gogarty receiving immunity from prosecution. Mr Bailey said there was some mention of that, although he did not know in what context.
Mr O'Neill asked if Mr Burke made any reference to his having met the Taoiseach about the matter. Mr Bailey said: "None."
Mr O'Neill asked if he did not remember any discussion. Mr Bailey said there was none. Was he positive? He said he was.
Counsel asked if Mr Burke told him that the Taoiseach had informed him that Mr Gogarty had been given immunity provided he would make a signed statement to the Garda.
Mr Bailey said he did not recall that being said. Mr O'Neill said it would be an important matter if it had been said. Mr Bailey said he did not recall it being said.
Mr O'Neill asked: "Did you know that Mr Burke in his evidence to the tribunal indicates that that is what he informed you when you came to see him?"
"I've answered my question," Mr Bailey said.
Asked whether Mr Burke asked him to give an account of the June 1989 meeting when the money was handed over, Mr Bailey said he did not.
Mr O'Neill asked if the meeting of June 1989 was discussed at all between him and Mr Burke at the meeting in 1997.
"It wasn't discussed," said Mr Bailey.