Insufficient evidence to make finding on whether IR£500K was sought in ‘typical Donegal fashion’ for Ahern

THE Republic’s corruption tribunal had insufficient evidence to make a finding on whether former Fianna Fáil fixer Joe Burke sought IR£500,000 in ‘typical Donegal fashion’ from a property developer on Bertie Ahern’s behalf back in 1989.

However, the Donegal native and former Dublin City councillor did stop at two pubs on Dublin’s Northside to look for Mr Ahern - then a Minister of Labour in Charles Haughey’s Government - whilst dropping developer Tom Gilmartin to the airport, the tribunal considered.

This fuelled the latter’s suspicion that he was being asked for money on the former Irish Prime Minister’s behalf, according to the Mahon Report into planning corruption which was finally published last week.

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Mr Gilmartin was having planning and land purchase difficulties in West Dublin at the time.

Despite these findings Mr Burke was exonerated by the corruption tribunal which “had insufficient evidence to make a finding as to whether Cllr Burke, directly or indirectly, sought money from Mr Gilmartin, either for himself or for Mr Ahern.”

Mr Gilmartin, a Sligo-born developer - who the Mahon Tribunal found had made a payment of IR£50k to former Fianna Fáil Environment Minister Pádraig Flynn - told the Tribunal he felt Mr Burke was seeking in “a typical Donegal fashion” IR£500,000 for himself, or for Mr Ahern.

At the time the developer was anxious to proceed with a proposed retail development in West Dublin, and was having difficulty finalising the purchase of lands for that purpose.

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In his evidence to the Tribunal Mr Gilmartin suggested Mr Burke had alluded to a payment of IR£500,000

“It wasn’t a demand. It was talking about 500,000 pounds, whether I would pay it. It wasn’t a demand. It wasn’t a question, like being Lawlor handing me, you know, £100,000.

“This wasn’t a demand like that. It was what I call a typical Donegal fashion, talking in circles. Talking around and around a half a million. I understood it to mean just that,” Mr Gilmartin had told the Tribunal.

The Mahon report also states that “variously, Mr Gilmartin described Cllr Burke as talking in ‘reels,’ talking around IR£500,000 and asking for money in a ‘roundabout’ fashion.

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“In the course of his testimony, Mr Gilmartin steadfastly maintained that he had understood from Cllr Burke that there was a price payable for the assistance rendered by Mr Ahern.”

For their part neither Mr Burke nor Mr Ahern denied a meeting took place but Mr Burke did not recall more than one meeting as alleged by Mr Gilmartin.

He also doubted he would have driven the developer to Dublin Airport in a pick-up truck when he could have done so using his car.

In his statement to the Tribunal on March 11, 2004, Mr Burke stated: “At no time did I mention or solicit any sum from Mr Gilmartin. I have never solicited money on behalf of Bertie Ahern, nor has he ever asked me to.

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“I deny categorically Mr Gilmartin’s evidence regarding mention of a sum of half-a-million pounds or any sum being sought by me from him on any occasion.”

Thus the Tribunal noted that Mr Burke “strongly rejected Mr Gilmartin’s allegation that he had sought directly or indirectly, IR£500,000 (or any sum from Mr Gilmartin, either for himself or Mr Ahern.” This claim was also rejected by the former Taoiseach.

Ultimately, the Mahon report states that the Tribunal was “satisfied that a discussion did take place in the course of which Mr Gilmartin understood that Cllr Burke was, in a roundabout fashion. seeking money for himself, or for Mr Ahern.”

“The Tribunal also believed that Mr Gilmartin’s suspicion that he was being asked for money on Mr Ahern’s behalf was fuelled by Cllr Burke’s efforts to locate Mr Ahern in the course of his journey with Mr Gilmartin to Dublin Airport.”

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The Tribunal had “insufficient evidence to make a finding as to whether Cllr Burke, directly or indirectly, sought money from Mr Gilmartin, either for himself or for Mr Ahern.

“There was no evidence that Mr Ahern was aware of Cllr Burke’s discussion with Mr Gilmartin or of Cllr Burke’s attempts to locate him while en route to Dublin Airport with Mr Gilmartin.”

Despite the exoneration of Mr Burke and Mr Ahern of all allegations of corruption the Mahon report concludes that “corruption, and in particular political corruption, is a deeply corrosive and destructive force.”

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