The minister for justice and communications at the time, Mr Ray Burke, was handed £35,000 in cash from the Oliver Barry/Frank Sinatra savings account in the Bank of Ireland on May 26th, 1989, to support Fianna Fail's effort to win a second seat in Dublin North in the general election that year.
Mr Barry, a director of Century Radio at the time and the promoter who had brought Frank Sinatra to Ireland, was identifying the source and purpose of the payment from documentation submitted to the tribunal on foot of an order of discovery.
Before his examination by Mr Patrick Hanratty SC, for the tribunal, Mr Barry asked if he could make a brief comment. The chairman, Mr Justice Flood, said he could not guide him, but allowed him to continue.
"My solicitors advised me it was not necessary for me to attend," he began, once the order of discovery had been complied with. As for his refusal to make a voluntary statement, as requested, he was being advised by a "very eminent legal team" headed by Mr Colm Allen SC, and had total confidence in him. "He advised it was not necessary," said Mr Barry.
Finally, he was grateful, he said, for the chairman's comments the day before that the tribunal's proposed examination of the former Century Radio head was no indication of impropriety on Mr Barry's part.
Mr Barry said he had drawn the cash from the bank account in 28 Lower O'Connell Street, Dublin, on the morning in question. He could not recall whether or not it was by prior arrangement. He met Mr Burke in his office, probably that afternoon, opened his brief case and handed him the bundle of cash. The meeting was brief, he said.
"What did he say?" Mr Hanratty asked.
"He said it was to ensure he got a second seat in north Co Dublin." (In the event, Fianna Fail did not get a second seat in Dublin North that year.) "Did you get a receipt?" asked Mr Hanratty.
"Not at all," replied Mr Barry.
Mr Hanratty took Mr Barry through the various documents the discovery had yielded. There appeared to be a number of schedules missing, he suggested.
"That would not be the case. If I had them they would be turned over. The documents being referred to," he said, "related to "just my own personal investment and lodgments in Century".
There were a number of references to "35,000 pounds" in the documentation, described in some instances a "donation" and in others as a "deposit". It also featured in another document which bore the words "direct debit".
The only correct explanation, Mr Barry insisted, was that it was the same amount in all cases and referred to the donation to Mr Burke. "It was not a direct debit. There is no doubt it was taken out in cash," he said.
Again, said Mr Hanratty, there were contradictory entries relating to the date. In some cases the appended year was 1988 and in one case 1990. These were typographical errors, said Mr Barry. "It should be 1989."
A reference to "FS" in the documentation indicated the account for the Frank Sinatra concert that took place in Lansdowne Road in 1989.
"That was the account from which the money was taken, the Oliver Barry/Frank Sinatra savings account?"
"It was," said Mr Barry.
The chairman asked whether anyone affected by Mr Barry's evidence wanted to ask the witness questions.
Mr Aidan Walsh SC, for Mr Burke, asked whether he could confirm that the payment was material to the 1989 general election, and Mr Barry agreed that it was a political contribution for this purpose.
Mr Walsh also inquired whether the scheduled public statement from the tribunal, to be delivered on Monday by Mr John Gallagher SC, would refer to the planning status of the lands under review. Any change in the lands' status, he argued, had not come about for many years after the period under review, and then referred to only a small portion of the lands in question.
He asked if Mr Burke could have an advance copy of the statement.
"No," said the chairman, who promised to "give every consideration" to have the land ownership and planning status phase of the inquiry expedited in deference to Mr Walsh's plea that the allegations of bribery against his client remained.
"You'll just have to wait with bated breath until Monday," the chairman concluded.