Lobbyist Frank Dunlop told the tribunal yesterday that he would not have made a donation to Pat Rabbitte in 1992 if the politician had not supported a controversial rezoning a fortnight earlier.
The Labour leader, who was then in Democratic Left, went against the manager's advice when voting for the rezoning of land at Ballycullen in south Dublin in October 1992.
A fortnight later, Mr Dunlop gave Mr Rabbitte, whom he described yesterday as his "pal", a cash donation of £3,000, which was later returned. Mr Dunlop described aspects of Mr Rabbitte's account of the payment as illogical and unbelievable, while insisting that it was a bona fide political donation.
Significant differences emerged during Mr Dunlop's evidence between his and Mr Rabbitte's account of the payment. The two men differ over the amount, whether it was paid by arrangement or not, whether the cash was in an envelope and how readily it was accepted. Mr Dunlop also claimed for the first time that he mentioned the Ballycullen rezoning and the owner of the land, Christopher Jones, when handing over the money.
He said that the meeting took place at Mr Rabbitte's house in Tallaght on November 11th 1992 and followed a telephone call from the politician to his office the previous day. A general election had been called on November 5th.
"I went to see him at his home and I gave him £3,000 in cash towards the election. I said 'I am sorry it can't be more.' He said it was very welcome and we chatted for 20 minutes to half an hour in what I can only describe as relaxed circumstances."
The money was available to be seen, not in an envelope. Mr Dunlop placed the bundle on a table, telling Mr Rabbitte the amount involved.
Patricia Dillon SC, for the tribunal: Did Mr Rabbitte demur from the donation in any way?
Mr Dunlop: "No, he thanked me very much and said it was most welcome."
Mr Rabbitte has told the tribunal that he was given £2,000 in an envelope and that he resolved to return it once Mr Dunlop had left. He also says he advised the lobbyist that there was a procedure in place in his party for deciding whether to accept such donations. Mr Dunlop described this as highly illogical: "If they had such a procedure in place, why did he accept it?" There was "no question of any advice from anybody".
He said that he mentioned Mr Jones's name and was virtually certain he mentioned support for Ballycullen. As for Mr Rabbitte's contention that he called uninvited, Mr Dunlop replied: "That I find quite unbelievable."
He said they chatted about the election campaign. Mr Rabbitte told him he would "dearly love" to be involved in government after the election.
They also discussed the quality of public service and the advice ministers were getting. "It was not a meeting that was over in three minutes. I sat down in a room in his house and had discussions in relation to a variety of things."
Mr Rabbitte went on to become a junior minister with whom he had "reasonably constant contact" on behalf of a number of clients. He had picked Mr Rabbitte because he was exercising "a little bit of forward thinking". His "political antennae were working overtime" and he recognised the possibility that he could become involved in government. He agreed that having someone at ministerial level "in your corner" would "carry much weight".
On December 17th 1992 Democratic Left sent Mr Dunlop a cheque for £2,000, signed by Mr Rabbitte and Cllr Don Tipping. In a letter, Mr Rabbitte wrote that no offence was intended by the return of the money.
The party's decision was "aimed at drawing a distinction between decisions pending and ones already decided in the normal way before the election was called".
"What he is saying is we are still pals, I have to do this, something has happened internally and don't let it affect our relationship," Mr Dunlop commented.
Judge Gerald Keys: "Had he not voted in favour of the Ballycullen motion, would you have given him a donation?" Mr Dunlop: "The answer to that is no."
Although the amount returned was £2,000 and not £3,000, he decided not to get into a dispute about it.
Some years later, after the tribunal had been set up [ in 1997], Mr Dunlop said he met Mr Rabbitte in Brown Thomas.
"It was sometime after Christmas, I think the sales were on. I was in a certain section and Pat appeared out from behind a pillar, carrying a bag with a very significant tailor's name on it, and we had a discussion."
Mr Rabbitte told him he had been contacted by the tribunal and said he "presumed that matter between us will never arise".
"I assured him it wouldn't, as you do on such occasions, and left it at that."