Leaks to the media were part of a sinister and deliberate attempt to hinder and obstruct the work of the Flood inquiry and had warranted investigation by the Garda, Mr John Gallagher SC, for the tribunal, concluded in his public statement.
The "improper and unauthorised disclosure" of information to the press was designed to undermine public confidence in the tribunal and prevent it from carrying out its work, he said.
Towards the end of 1998, said Mr Gallagher, there were a number of "unauthorised disclosures" to the media of confidential tribunal information that "was known or available to only a small number of persons" including parties to whom it had been circulated in confidence.
"At that time, expressions such as `leaks from the Flood tribunal' gained currency and were repeated by those who should have known better."
Mr Justice Flood had taken a serious view of the leaks and requested Garda Commissioner Pat Byrne to have the "unauthorised disclosures" investigated. The Garda had concluded its investigations, Mr Gallagher said. The leaks had ceased but the chairman "would hear further evidence in relation to these matters in due course" when all concerned would be informed of the names of the witnesses the tribunal intended to call.
The effects of other media disclosures on the tribunal's modus operandi had some tangible repercussions. For example, the original terms of reference did not permit it to inquire into the circumstances surrounding media allegations of a £30,000 payment to Mr Burke by Fitzwilton plc, controlled by Dr Tony O'Reilly. The terms were amended and significantly widened following Fitzwilton's statement to Magill acknowledging that it had paid £30,000 to Mr Burke in June 1989, which it said had been intended for the Fianna Fail Party. This increased the tribunal's workload, he said.
The chairman and his legal team were "extremely conscious" of the need to conclude their investigations and furnish a report to the Oireachtas as quickly as possible.
Counsel and solicitors invited to join the tribunal team had hoped the work would be completed within 12 months, Mr Gallagher said. "Much to our collective regret, our expectations proved to be unduly optimistic and we all seriously underestimated the amount of work involved."
There were a number of reasons for this, apart from the extended terms of reference. These included the difficulty in locating witnesses for incidents that had occurred many years ago - as well as the fact that a number were elderly and not in good health. Some were not able "or perhaps unwilling" to co-operate, while a number of key witnesses lived outside the jurisdiction. A vast number of documents had to be dealt with and the tribunal had faced many legal challenges.
When the tribunal began its work in January 1998, Mr Gallagher pointed out, "it started with what was, in effect, a blank sheet", save for its terms of reference.
It was decided at the outset to send detailed questionnaires to serving and former members of Dublin County Council and Corporation, present and former members and employees of the Oireachtas and of An Bord Pleanala as well as local government officials.
Some 406 questionnaires were sent to past and present members of the Dail and Seanad, of which 390 were returned. Another 200 were sent to past and present members of the relevant Dublin local authorities - of which 175 were returned completed. Some 422 questionnaires were returned by local authority officials out of the 514 sent out.