AN AFFIDAVIT sworn by Mr Ben Dunne, containing precise information on payments which he alleges benefited a senior Fianna Fail figure, has been sought by Judge Gerard Buchanan from Dunnes Stores.
The company has so far not handed over the document, which contains bank account numbers and other precise details of the £1.1 million payment, as well as allegations about who the beneficiary was and who knew about the payments.
The judge, who is investigating payments made by Dunnes Stores, is believed to have asked for the affidavit earlier this month.
As covered by its agreement with the Government, the company has provided the judge with the Price Waterhouse report, containing details of payments made by Dunnes Stores when Mr Ben Dunne was managing director.
Under the agreement, the judge is allowed to seek documentation supporting the Price Waterhouse report, but Dunnes Stores may believe that as the affidavit is separate from the Price Waterhouse report it is not covered by the agreement. It is not clear whether Dunnes would be willing to hand over the document at a later stage.
It is understood that in the course of initial negotiations before Christmas with Dunnes Stores, the Government made the first request for a copy of the affidavit but the company declined to hand it over.
Subsequently Judge Gerard Buchanan was appointed to look into payments made by Mr Ben Dunne, when he was managing director of the supermarket group.
The judge has also requested a copy of the affidavit. The Government has said it will give the judge any powers he needs to do his work and has also indicated that if the initial examination by him and an Oireachtas committee does not uncover all the facts, then it will consider further investigative measures.
The affidavit was sworn by Mr Dunne as part of a legal battle with the rest of his family, which was settled in 1994. It contains allegations by Mr Dunne of payments of £1.1 million of Dunnes Stores funds into a series of accounts in a London bank. Mr Dunne said the ultimate beneficiary was a Fianna Fail politician.
The bulk of the money was paid into accounts in the name of John Furze. Mr Furze is a Cayman Island banker, and has said he knows nothing of the payments.
The affidavit is understood to contain specific details of the payments, including the number of the bank accounts involved. It also contains allegations about who knew of the transactions. The bulk of the payments are understood to have been made into the London accounts from Dunnes Stores accounts outside the State, including ones in Northern Ireland and the Far East.
The affidavit was never opened in court, as the case between Mr Dunne and his family was settled. After the settlement of the case, Mr Dermot Gleeson SC, who was acting for Mr Dunne, told the court that Mr Dunne withdrew the allegations made in the affidavit against the Dunnes Stores trustees and his family.
