Kinsealy mission finally finds signs of life

WE turned up hoping for the first glimpses of life on the Planet Kinsealy, but in the event we had to wait at least another day.

It is admittedly a bit far-fetched to compare the workings of the Dunnes Payments tribunal with NASA's Mars mission, even though both projects are costing millions and have involved travelling great distances in search of information.

But ever since a small, four-wheeled vehicle - the Mazda 323 carrying tribunal solicitor, John Lawless, and a brown envelope - trundled on to the surface of Kinsealy last April, the world has been eager to see what if anything would come back.

Yesterday, something finally did. In fact, Charles Haughey's statement had been expected last Friday, so when it finally came through only minutes before yesterday's hearing was due to begin, the tribunal's Mission Control had to seek another 24 hours to analyse the data contained in it. Only the return of summer weather outside cushioned us against the disappointment of the adjournment.

Meanwhile, one detail that did emerge from the morning's brief exchange is that Kinsealy is a more hospitable place that the tribunal had hitherto thought. Specifically, the expectation that Mr Haughey's legal team would protest in regard to the confidentiality of conversations between their client and Ben Dunne's solicitor, Noel Smyth, proved unfounded.

The account of those conversations made by Mr Smyth and delivered to Mr Haughey in the envelope has now been handed to the tribunal by counsel for Mr Haughey, Mr Eoin McGonigal SC, who said yesterday the issue of confidentiality had never arisen.

He was equally generous when other counsel asked to see the Haughey statement, or at least the parts pertaining to their clients; if the tribunal felt it appropriate to distribute it "to all and sundry, so be it", Mr McGonigal said.

Counsel for Dunnes, Mr Garrett Cooney SC, injected some spice into the proceedings when, in the course of a longer argument, he said that "the money paid to Mr Haughey belongs to my client". Like a good referee, the tribunal chairman, Mr Justice McCracken, let the play run its course before noting the infringement. Then he announced firmly that he wouldn't "like to be seen agreeing" that the Pounds 1.3 million was Dunnes Stores money.

Mr Cooney was undeterred. He argued that while the legal position might be decided elsewhere, the money was generated by Dunnes Stores business and to that extent "belongs to my client". "It did belong to your client, Mr Cooney," Mr Justice McCracken interjected. "And may once again, Mr Chairman," came the response.