A Dublin county councillor held more than £60,000 in an undisclosed An Post account at the time of his death, the tribunal has established.
Cyril Gallagher, of Fianna Fáil, denied that he had an account with An Post when interviewed by the tribunal in 1999. He also denied any knowledge of corrupt payments on the council.
Lobbyist Frank Dunlop has claimed he paid Mr Gallagher £1,000 for his vote on the rezoning of lands at Ballycullen in south Dublin in October 1992.
After Mr Gallagher died in March 2000, it emerged that he did indeed have an An Post account, containing £60,603.
Emma Dalton, barrister, for the tribunal, said yesterday that there was no explanation for eight lodgements to the account between September and November 1992. Most were round-sum amounts ranging up to £3,700.
Mr Gallagher, who worked for Eircom, retired in 1992.
The tribunal has also found unexplained lodgements to the accounts of a second deceased Fianna Fáil councillor, Jack Larkin, who is alleged to have received a £1,000 payment from Mr Dunlop.
No records are available to explain the source of six lodgements, ranging from £600 to £1,200, to Mr Larkin's accounts in October/December 1992, the tribunal heard. His estate is unable to explain two of the lodgements and believes the rest relate to rent payments. Before Mr Larkin, a retired auctioneer, died in May 1998, he told the tribunal that he had no knowledge of corrupt planning payments.
Earlier, Mr Dunlop denied being motivated by a grudge in naming Senator Don Lydon as the recipient of a corrupt payment.
Lawyers for Dr Lydon yesterday suggested that Mr Dunlop was angry with their client after he voted against a rezoning in which the lobbyist had a financial interest.
The tribunal is investigating Mr Dunlop's claim that he bribed councillors, including Dr Lydon, for their support for the Ballycullen rezoning.
Seamus O'Tuathail SC, for Dr Lydon, pointed out that Mr Dunlop "lost millions" after his client voted against a rezoning in Baldoyle in 1993. Mr Dunlop had a financial interest in the land through a company, Pennine Holdings. Counsel suggested this was the reason Mr Dunlop was claiming to have paid a £2,000 bribe to Dr Lydon in relation to the Ballycullen rezoning.
Counsel: "Could that be the source of your ultimate naming of Dr Lydon?" Mr Dunlop: "No."
Counsel: "So you don't bear grudges even when you've lost a few millions?" Mr Dunlop: "No."
Counsel: "That's very good of you."
Mr O'Tuathail said Dr Lydon never sought or received a payment from Mr Dunlop in relation to the Ballycullen rezoning.
Mr Dunlop told Breffni Gordon, barrister, for Cllr Tony Fox, that he had given his client "the guts of £30,000" in payments during the period in which the 1993 development plan was being prepared. He insisted that he gave Mr Fox £1,000 for supporting the Ballycullen vote, but could not remember where he made the payment.
Mr Gordon, whose client denies ever receiving money from Mr Dunlop, described the lobbyist's evidence as idiotic and wholly inconsistent.
Cormac O'Dulachain SC, for the late councillor Tom Hand, said the only evidence of wrongdoing provided by Mr Dunlop was what he said occurred. Mr Dunlop has claimed that he paid £2,000 to Mr Hand to sign the motion for the Ballycullen rezoning.
Mr O'Dulachain said Mr Dunlop had the power to choose who to point a finger at and who not to point a finger at. Given that the rezoning motion passed by 35 votes to 14, it was extraordinary that Mr Dunlop had paid money to councillors when the decision had passed by such an overwhelming majority.
Mr Dunlop said the majority resulted at the end when all the work had been done.
