Commission from the sale of the Clerical Medical Insurance (CMI) off-shore investment products formed one-eighth of the bonus payments Mayo TD Ms Beverly Cooper-Flynn earned when she worked as a financial consultant for National Irish Bank, the High Court heard today.
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Ms Cooper-Flynn
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During her work at NIB between 1989 and 1997, Ms Cooper-Flynn said commission from the CMI products made up about 12 per cent of her bonus payments and that her highest total income in one year was £69,000. On average she said she earned £50,000 per annum, of which her salary was between £28,000 and £32,000.
Ms Cooper-Flynn from Westport Road, Castlebar, Co Mayo is suing RTÉ journalist Mr Charlie Bird; and retired farmer Mr Howard of Wheaton Hall, Drogheda, Co Louth.
She claims she was libelled in broadcasts on RTÉ between June 19th 1998 and July 1st 1998 and that words used on the programme claimed she had instigated a scheme, the object of which was the evasion of the lawful payment of tax.
The defence denies the claims.
When cross-examined by Mr Kevin Feeney SC for RTÉ and Mr Bird, Ms Cooper-Flynn said she was aware NIB had lost an injunction in March 1998 to prevent the broadcast of a report about the bank.
But at the time of the broadcasts concerning her employment at NIB, she said she was not aware that 75 other former employees were instituting proceedings in the High Court to permit them to refuse to answer questions concerning NIB.
When asked her view of the CMI products as an investment, in light of events since 1998, Ms Cooper-Flynn said: "It was and still is an excellent product."
She could not comment on whether the products had "worked out" for customers as she had not spoken to the 47 customers to whom she had sold CMI products since she left NIB in 1997.
The third day of the hearing opened with a continuation of questions from Mr Hugh Mahon SC, for the plaintiff, about the five broadcasts and one radio broadcast on RTÉ during the period in question.
Ms Cooper-Flynn said she had been "confident" RTÉ would issue a retraction of the allegations regarding CMI products when she had denied any knowledge of a retired farmer, later identified as Mr Howard, the central source of their first broadcasts on June 19th 1998.
She said she was "quite surprised" that RTÉ seemed to be standing over its reports.
Asked if, as RTÉ had claimed, several attempts had been made to inform her of the allegations, Ms Cooper-Flynn said "no". She said the only time RTÉ indicated their intention to make the allegations was during two phone calls from Mr Bird on July 18th 1998 and in a letter she found pushed under her door at a Co Cavan hotel on June 19th, 1998 - the day of the first broadcast.
Ms Cooper-Flynn said she received no response from her public statements denying the allegations made about her and seeking a retraction from RTÉ.
The only contact from RTÉ came after her second statement on June 28th which followed a Sunday Independentarticle naming Mr Howard as the unidentified farmer in the RTÉ broadcast.
That was when RTÉ correspondent Ms Eileen Magnier arrived at her house in Castlebar, she told the court. Ms Magnier repeated RTÉ’s statement that the reports had been extensively investigated and several attempts made to contact Ms Cooper-Flynn about the allegations.
The court heard that Ms Cooper-Flynn was "shocked" when she saw the One O’Clock News report on July 1st 1998 carrying an interview with Mr Howard and his daughter Marian as she was still expecting a retraction.
Denying the allegations made by Mr Howard during the interview, she also said she had never seen Ms Marian Howard before the broadcast. "I had no memory of her whatsoever," she said.
Ms Cooper-Flynn felt she had no option but to instigate proceedings against RTÉ and Mr Howard to clear her name. "It was never about money but I just wanted RTÉ to clarify the position and to confirm I did not sell CMI products to Mr Howard," she said.
Over the period the broadcasts had been made, Ms Cooper-Flynn said she was very aware they were "the talk of the place" in her Mayo constituency and also in the Dáil. She cited one instance when the Taoiseach Mr Ahern pulled her aside and mentioned the Howard interviews.
Ms Cooper-Flynn described the period as a very hurtful experience and said the issue had come up frequently in local and national media.
The hearing was adjourned until tomorrow morning.