Allegations that Mr Ray Burke and Mr P.J. Mara were seeking money in return for the awarding of commercial broadcasting licences can be examined at the tribunal, Mr Justice Flood has ruled. This evidence, from Century's co-founder, Mr James Stafford, was material and relevant, Mr Justice Flood stated in a ruling yesterday.
However, Mr Stafford's evidence in this regard has been postponed until the autumn because the tribunal has not yet completed its investigations.
Mr Stafford claims he was told that "money would have to be paid" to Mr Burke and Mr Mara in return for a licence. His statement also alleges there was a price list - £90,000 for a national television licence, £75,000 for a Dublin radio licence and £25,000 for a local franchise.
Mr Aidan Walsh SC, for Mr Burke, had challenged the hearing of the allegations concerning the former minister and Mr Mara, arguing that this would interfere with their constitutional rights. He described the allegations as "hearsay quadrupled".
In his ruling, Mr Justice Flood referred to an earlier ruling he made last May on the hearing of hearsay and rumour. On that occasion, he ruled that the inclusion of hearsay evidence was not "of itself" unfair or a breach of natural justice. The chairman had the sole discretion as to whether to hear such evidence.
The reason Mr Walsh did not wish the contested matters heard related to a possible reason why money was being demanded of Mr Stafford in connection with Century Radio, the chairman said. Given the subject matter and its relevance to the matters under investigation, Mr Justice Flood said he felt it necessary to hear this evidence. He would be failing in his duty not to do so.
He did not know if the evidence had any probative value, either on its own or in conjunction with other evidence. "But I cannot see how I am to decide what, if any, probative value it may have without first having heard the evidence and having it tested."
Having heard the evidence and subsequent cross-examination, he would then decide what weight to give to it. It may be, as Mr Walsh suggested, that the evidence was "false, ungrounded, unsubstantiated, unsustainable, illogical and malicious", but this was for the chairman to decide.
Mr Justice Flood said he could not see how, as Mr Walsh had suggested, the admission of the evidence would imperil a fair hearing or a fair result.
Following the conclusion of Mr Stafford's direct evidence yesterday, the tribunal adjourned until late September. Mr Justice Flood said the tribunal would be closed for holidays from August 7th to 21st. After this, staff would be working in private for four weeks in preparation for the continuation of the Century hearings.
