The allegation that Mr Ray Burke received £40,000 from Mr Joseph Murphy jnr was made to Mr Tommy Broughan TD by Mr James Gogarty 11 months after he first contacted the Labour deputy, the tribunal was told yesterday. Mr Broughan said that, according to his notes, Mr Gogarty came to see him on April 26th 1996, and told him he had been dealing with a solicitor, Mr Kevin Neary. He again outlined complaints.
"It's my first certain record of these complaints. Jim Gogarty alleged that £40,000 had been handed over to Mr Ray Burke TD - £30,000 in cash, £10,000 in a cheque by Joe Murphy jnr - at a place in Swords, and he alleged that Mr Mike Bailey and Mr Frank Reynolds was also present." He had said no other witnesses were present.
Asked if this was the first indication of the handing over of money to Mr Burke, Mr Broughan said it was the first reference to it in any of his notes.
Mr John Gallagher SC, for the tribunal, said he compiled his statement from his notes. Mr Broughan said he had made a fairly good record. One memo about the April 26th meeting was in hand-written notes. Mr Gallagher said it was an important memo so they would like to get his translation of the writing. Mr Broughan, reading the notes, said: "Handed over £30,000 plus a cheque for £10,000 - Joe Murphy jnr to Ray Burke in house in Swords."
His notes stated that Mr Frank Reynolds was also present and made reference to Dublin County Council.
The notes also made reference to the control of five or six votes which he took to mean that Mr Burke controlled five or six votes on Dublin County Council.
Mr Gallagher asked what Mr Gogarty had said was the reason for giving the money. Mr Brou ghan said: "My understanding was that he felt very strongly it was for the rezoning of lands." Mr Michael Cush SC, for the Murphy group, cross-examining, said the first record of Mr Gogarty making any allegations to Mr Broughan about planning matters was in April 1996, 11 months after Mr Gogarty first contacted him.
Mr Cush asked if he was right in saying Mr Broughan did nothing to independently check whether there was substance to allegations made by Mr Gogarty? "I felt my job was to make his concerns known and to ensure his safety," Mr Broughan said.