Fianna Fail failed to disclose vital documents

Faulty memories and the extent to which various parties are making efforts to co-operate with the Moriarty tribunal were the …

Faulty memories and the extent to which various parties are making efforts to co-operate with the Moriarty tribunal were the themes which ran through yesterday's hearing. Up to last week Fianna Fail had not disclosed to the tribunal vital documents covering donations to the party in the late 1980s with which Mr Haughey was involved.

The party had some time ago provided the tribunal with a master list documenting all donations made around the time of the 1989 general election campaign.

However, the party did not supply the tribunal with a second list, which included names and amounts contained in the master list, but which isolated those donations for which receipts were sent to Mr Haughey rather than to the donors. These receipts were sent to Mr Haughey personally at his request.

Furthermore, the party had in its possession documentation which would reveal the true identities of many donors who were described in the master list as anonymous. Again this documentation was not handed over until last week.

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The party is now going to have to explain this to the tribunal. It seems that the documentation which had been held back was only disclosed to the tribunal when Mr Sean Fleming TD, the former financial controller of the party, was discussing these matters with the tribunal in private session last week.

Mr Fleming disclosed in evidence yesterday that he was not consulted by his party when it was handing over the party headquarters books to the tribunal.

What is not clear is the extent to which Mr Ahern, a former party treasurer, is involved in this process. He is to give evidence later this week in relation to his knowledge of matters surrounding a payment of £100,000 made by Mr Mark Kavanagh, of the Dublin Custom House Docks Development Co Ltd (DCHDD), in June 1989 to Mr Haughey.

The payment was broken up into one cheque for £25,000, made out to Fianna Fail, and three drafts for £25,000 each made out to cash. The £25,000 cheque was given to Fianna Fail HQ, but Mr Haughey told Mr Fleming not to send a receipt to DCHDD or to Mr Kavanagh, but to make it out to anonymous and send it to his office.

The three £25,000 drafts were lodged to Guinness & Mahon bank. The proceeds of one were withdrawn in cash. The other two were used to buy a G&M draft for £50,000, made out to cash. This was then given to Mr Fleming by Mr Haughey. Mr Haughey asked that it be entered as anonymous and that the receipt be sent to his office.

Meanwhile, Dr Michael Smur fit was making a donation. This money had been solicited by Mr Haughey and the sterling equivalent of £60,000 was transferred in June to the account of Guinness Mahon Cayman Trust in the Henry Ansbacher & Co bank in London. This account was used to funnel funds from Mr Ben Dunne to Mr Haughey and the tribunal wants to pursue this further and to find out whether further offshore accounts were used to hold funds for the former Taoiseach.

Seven years later Mr Eoin Ryan snr asked Mr Kavanagh for another contribution. Mr Kavanagh complained that he had not received a receipt for his "substantial" 1989 payment.

Mr Ahern contacted Mr Fleming. Mr Fleming said he told Mr Ahern that a payment had been received and a receipt issued. He said it was likely he had mentioned the amount, £25,000, and also that the receipt had been sent to Mr Haughey.

Mr Ahern subsequently met Mr Kavanagh and apologised that a receipt had not been issued for the 1989 donation. Crucially, according to Mr Kavanagh, no figure was mentioned by either man. Mr Kavanagh then handed Mr Ahern a cheque for £50,000.