A former investor in Century Radio, Mr John Mulhern, has been awarded a quarter of an estimated €182,000 he sought in costs at the Mahon tribunal.
The estimate of costs submitted by Mr Mulhern was approximately €182,000 in the Century Radio module but it was a matter for the Taxing Master of the High Court to determine the actual amount of any costs awarded, the tribunal chairman, Judge Alan Mahon, said in a reserved judgment yesterday.
Although there was no finding in the tribunal report that Mr Mulhern hindered or obstructed the inquiry, he failed to fully assist the tribunal and therefore was responsible for incurring a large proportion of his own costs, the chairman concluded.
Racehorse trainer Mr Mulhern, who is married to Ms Eimear Haughey, daughter of former taoiseach Mr Charles Haughey, had appeared before the tribunal in relation to allegations that the former Fianna Fáil minister Mr Ray Burke sought and received a £35,000 payment from Century Radio in connection with the award of a broadcasting licence.
Yesterday, Judge Mahon said Mr Mulhern gave evidence for one day and engaged in private meetings and correspondence with the tribunal.
In essence, the tribunal concluded that Mr Mulhern knew of Mr Burke's request for the payment of £35,000 prior to the payment being made and that he knew that it was an improper payment to make, although his evidence was that he only learned of the payment weeks after the event, the chairman said.
The tribunal did not make any express finding of hindrance, obstruction or non-co-operation.
Judge Mahon said this, coupled with the fact that Mr Mulhern's involvement in the circumstances surrounding the payment to Mr Burke was minimal, led him to the conclusion that it would be unfair and unreasonable to deny Mr Mulhern an award of some costs.
"I must, however, have regard to the fact that it was at all times open to Mr Mulhern to comply with his obligations and to give a full and accurate account of all relevant matters to the tribunal," he said.
"The fact that the tribunal found that he did otherwise . . . means that he failed to fully assist the tribunal and was therefore, partially, at least, responsible for incurring a significant proportion of his own costs."
Judge Mahon added that it was extremely difficult and probably impossible for him to decide in precise terms the extent to which Mr Mulhern's approach to the tribunal and his lack of candour with the tribunal was responsible for him incurring his own costs, or the extent to which an award of costs should reflect this.
In all the circumstances, the judge said he believed it to be fair, reasonable and equitable that Mr Mulhern be awarded 25 per cent of his costs, subject to the determination of the Taxing Master of the High Court.