"Not a shred of evidence" has been produced to show that former minister Mr Ray Burke paid anything for his house and lands in Swords, the tribunal has heard.
Mr Pat Hanratty SC, for the tribunal, said there was no evidence that Mr Burke had paid "a shilling" for the property, which he acquired from Oak Park Developments, a company part-owned by builder Mr Tom Brennan, in the early 1970s.
Mr Brennan said yesterday that Mr Burke paid £15,000 for the house and an acre of land, but he conceded that he had no evidence to prove this. A fellow director of Oak Park, Mr Jack Foley, was "looking into it" and Mr Burke himself might have some documentation, he said.
In earlier evidence, the solicitor who handled the conveyance for Oak Park, Mr Esmonde Reilly, told the tribunal no money changed hands in the transaction.
Mr Brennan said he didn't know about this. It was his understanding that £15,000 was paid after the house was built and before it was occupied. Last year, Mr Burke sold the house, Briargate, for £3 million.
Mr Brennan said he was a "close personal friend" of Mr Burke. He and his business partner, Mr Joe McGowan, had known Mr Burke since the late 1960s. Mr Burke's auctioneering firm sold houses on behalf of Brennan and McGowan for over a decade until the early 1980s.
Mr Hanratty questioned the witness at length about a financial document which appears to list a payment of £15,000 by a Brennan and McGowan company, Dublin Airport Industrial Estates, to Mr Burke under the heading "planning".
This document formed the basis of the first newspaper article, published in 1974, alleging that Mr Burke received a payment from the two builders.
Mr Brennan repeatedly denied any knowledge of the document, which was prepared by his accountants. He denied ever giving instructions to the accountants to draw up the document. At one point he suggested it could be a "fabrication".
He pointed out that the sale of the company's land referred to in the document never went through.
But Mr Hanratty said Mr Brennan was being "totally disingenuous and dishonest". It was quite obvious the document was authentic. It had to be based on instructions provided by the company. It was clear the purpose was to calculate the funds available to shareholders after the sale of the company's land near Dublin Airport.
Mr Hanratty said the land was the subject of a controversial land rezoning in the early 1970s. Despite the opposition of planners and the fact that it lay in the flight path of the airport, the land was rezoned by Dublin County Council. Mr Burke seconded the motion.
The document pointed to the fact that Dublin Airport Industrial Estates had either paid Mr Burke £15,000 or considered itself indebted to him for this amount, counsel said. He asked again why the company should feel itself indebted to Mr Burke.
Mr Brennan said he didn't know. His evidence continues today.
