The Mahon Tribunal
Encyclopedia
The Tribunal of Inquiry Into Certain Planning Matters and Payments, commonly known as the Mahon Tribunal, is a public inquiry
in Ireland
established by Dáil Éireann
in 1997 to investigate allegations of corrupt payments to politicians
regarding political decisions. It has mostly investigated planning permission
s and land rezoning issues in the 1990s in the Dublin County Council
area. Judge Alan P. Mahon currently chairs the tribunal
and its other members are Judge Mary Faherty and Judge Gerald Keys. The original Chairman, who was the sole member until soon before his retirement, was Judge Feargus Flood, giving rise to the original common name of the Flood Tribunal.
Using investigations to collect evidence and public hearings with witnesses, it is investigating allegations made in the media prior to its establishment and allegations subsequently made to the tribunal itself. As of January 2011, the tribunal is still ongoing and it is the longest running and most expensive Irish public inquiry in history. Public hearings concluded in September 2008, and following several delays due to legal challenges, the tribunal is currently preparing its final report. To date, it has published four interim reports. On April 2, 2008 Taoiseach
Bertie Ahern
resigned due to continuing controversy over the payments.
grew up in Loughlinstown
, originally a scenic area directly south of Dublin city on the Wexford road, site of the first dual carriageway
in Ireland. In 1991, an intensive IR£
800,000 public relations
(PR) campaign to generate local support for the rezoning of hundreds of acres in Loughlinstown and nearby Cabinteely
underpinned was spearheaded by public relations consultant and sports broadcaster Bill O'Herlihy
and later by PR consultant and former political secretary Frank Dunlop
. Some councillors firmly resisted the rezoning, supposedly concerned about the commercial and social welfare of nearby Dún Laoghaire
but are alleged to have ensured that there was sufficient support from colleagues whose political bases were elsewhere. The rezoning was approved.
Former Fianna Fáil
politician Liam Lawlor
was presented at a public meeting concerning nearby Cherrywood as his party's "planning expert".
inquiries in the 1980s and 1990s but these failed to uncover evidence.
Smith and barrister Colm Mac Eochaidh, later a Fine Gael
candidate in Dublin South East
in the 2002 General Election
, in 1995 co-sponsored a £10,000 reward for information leading to convictions for planning corruption.
James Gogarty, a retired employee of construction firm JSME, responded with information about payments to Ray Burke, a Government Minister and former Chairman of Dublin County Council.
to investigate and defended Burke with the infamous statement:
Burke was appointed to the Government but resigned in September following further public revelations and questions. This increased pressure on the Government to investigate. The tribunal was formally established on 4th Nov 1997 to investigate the Gogarty allegations and also:
The terms dictated that the Tribunal would inquire into payments to Ray Burke in the course of his long political career and examine the decisions he had made in broadcasting
as well as in planning.
The government had just months earlier also established the separate Moriarty Tribunal
to investigate payments to politicians Charles Haughey
and Michael Lowry
, County Meath
was of advanced age at the start of the Tribunal. For this reason, the evidence from Gogarty was of concern, from the beginning, in case his health failed. Gogarty was a former Garda and lifelong workaholic. He then trained as an Engineer, worked as a foreman, before being promoted as a long-term executive at construction company Joseph Murphy Structural Engineers (JMSE) who had responded to the 1995 reward offer stating that he had witnessed a bribe of £30,000 being paid in cash to Minister Burke. Gogarty, by now in dispute with his former employers, claimed the payment was in seeking Burkes influence to secure approval to rezone 726 acres (2.9 km²) of land at several locations in north Dublin, including Finglas
, Ballymun
, Balgriffen, Portmarnock
and Donabate
. The lands in questions were the subject of a joint development involving JMSE, Michael Bailey, and his brother Tom Bailey. Gogarty also provided evidence of payments to George Redmond, Dublin Corporation manager.
Gogarty was outspoken in his criticism of his employers, several politicians, and the entire planning process. The Irish Independent referred to Gogarty's courage, in calling him "the plucky pensioner". Gogarty received much support from the public gallery during his participation in the Tribunal. Gogarty has since died.
The Tribunal reported in September 2002 that the payments received by Burke amounted to corrupt payments. The Report also cited witnesses who obstructed and hindered its work over the prior five years.
was Assistant City and County Manager at Dublin Corporation
in 1988. A planning application had been lodged with Dublin County Council
on October 1, 1982 to build 206 houses at Forrest Road Swords
. A 5-year Planning Permission was approved.
James Gogarty deposed on October 12, 1998 that Redmond had received payments from Mr Joseph Murphy. The Tribunal investigated these payments and concluded.:
Bertie Ahern
. Ahern and O'Callaghan denied that any such payments had taken place. Details of specific transactions under investigation were leaked to the press and questions were asked in the Dáil. During a September 2006 interview with RTÉ's
Bryan Dobson
Ahern denied that he had received any illegal payments and claimed that some of the transactions related to unsolicited dig-outs from friends during his legal separation
proceedings in 1993 and 1994. Further transactions relating to the purchase of his house and foreign currency conversions became public during the lead up to the Irish general election, 2007. The tribunal postponed sittings for the duration of the campaign. Ahern was re-elected Taoiseach and attended the tribunal for witness questioning in September and December 2007 and February 2008.
During a heated exchange between Ahern and Judge Mahon on February 22, 2008, Ahern stated that his former partner, Celia Larkin, received a loan of IR£
30,000 from a special Fianna Fáil
fundraising account to buy a house. After the exchange, opposition leaders called for the Taoiseach's resignation. On March 20, Ahern's former secretary, Gráinne Carruth, was forced, on evidence presented to her by the tribunal, to accept as a matter of probability that a lodgement of 15,000 pounds she had made into an account on Ahern's behalf had been in sterling. This directly contradicted to Ahern's previous assertion that the money was from his salary. Carruth had also broken down while making this admission, whereas she had previously backed up Ahern's testimony, provoking condemnation of Ahern for betraying her loyalty by forcing her to go through with her appearance. On April 2, Ahern announced his intention to resign from the position of Taoiseach, effective May 6, 2008.
The First Interim report lays out the work of the Tribunal for the coming years. It was published just after the then Flood Tribunal began its work.
First Interim Report
The Second Interim Report was published in September 2002. It reported findings related to the first three modules, Gogarty, McGowan and Century Radio/Ray Burke. It is the most substantial of the reports thus far, and caused massive controversy at the time of its publication.
See: Second Interim Report
The Third Interim Report of the Tribunal was published on September 30, 2002 by Mr Justice Fergus Flood. It deals mainly with the activities of George Redmond.
See: Third Interim Report
The Fourth Interim report informed the Oireachtas of the extent of the workload of the Tribunal and its likely duration, to inform the Oireachtas of the Tribunal’s respectful request for amendments to the current Terms of Reference and to inform the Oireachtas of other matters related to the work of the Tribunal which the Tribunal deems may be relevant to the Oireachtas.
See: Fourth Interim Report
.
The Bailey brothers and their company, Bovale Developments reached a settlement with the Revenue Commissioners in respect of PAYE
, PRSI, Corporation Tax and Income Tax
in 2006.
successfully obtained a High Court order on July 26, 2006 freezing land assets of 107 acre (0.43301402 km²) at Carrickmines
, County Dublin
owned by Jackson Way Properties Ltd and preventing their sale. CAB contended that these lands had been rezoned by a 13 - 11 vote on December 16, 1997 by Dún Laoghaire-Rathdown County Council
from agricultural to industrial after Frank Dunlop
bribed and made corrupt payments to councillors to secure their support in the rezoning vote. That vote, for example, increased the value of just 17 acres (68,796.6 m²) of the property from €8 million to €61 million. CAB has interviewed and taken statements from Frank Dunlop
and will use him as a witness against a number of property developers.
The lands in question have been the subject of investigation by the Tribunal in 2003 and 2004.
If this case succeeds the potential money realised by CAB will be substantially more than the yield from gangland criminals since 1996. Other similar cases are likely to ensue involving lands investigated by the Tribunal.
Public inquiry
A Tribunal of Inquiry is an official review of events or actions ordered by a government body in Common Law countries such as the United Kingdom, Ireland or Canada. Such a public inquiry differs from a Royal Commission in that a public inquiry accepts evidence and conducts its hearings in a more...
in Ireland
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
established by Dáil Éireann
Dáil Éireann
Dáil Éireann is the lower house, but principal chamber, of the Oireachtas , which also includes the President of Ireland and Seanad Éireann . It is directly elected at least once in every five years under the system of proportional representation by means of the single transferable vote...
in 1997 to investigate allegations of corrupt payments to politicians
Political corruption
Political corruption is the use of legislated powers by government officials for illegitimate private gain. Misuse of government power for other purposes, such as repression of political opponents and general police brutality, is not considered political corruption. Neither are illegal acts by...
regarding political decisions. It has mostly investigated planning permission
Planning permission
Planning permission or planning consent is the permission required in the United Kingdom in order to be allowed to build on land, or change the use of land or buildings. Within the UK the occupier of any land or building will need title to that land or building , but will also need "planning...
s and land rezoning issues in the 1990s in the Dublin County Council
Dublin County Council
Dublin County Council was a local authority for the administrative county of County Dublin in the Republic of Ireland. It was established by the Local Government Act 1898....
area. Judge Alan P. Mahon currently chairs the tribunal
Tribunal
A tribunal in the general sense is any person or institution with the authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title....
and its other members are Judge Mary Faherty and Judge Gerald Keys. The original Chairman, who was the sole member until soon before his retirement, was Judge Feargus Flood, giving rise to the original common name of the Flood Tribunal.
Using investigations to collect evidence and public hearings with witnesses, it is investigating allegations made in the media prior to its establishment and allegations subsequently made to the tribunal itself. As of January 2011, the tribunal is still ongoing and it is the longest running and most expensive Irish public inquiry in history. Public hearings concluded in September 2008, and following several delays due to legal challenges, the tribunal is currently preparing its final report. To date, it has published four interim reports. On April 2, 2008 Taoiseach
Taoiseach
The Taoiseach is the head of government or prime minister of Ireland. The Taoiseach is appointed by the President upon the nomination of Dáil Éireann, the lower house of the Oireachtas , and must, in order to remain in office, retain the support of a majority in the Dáil.The current Taoiseach is...
Bertie Ahern
Bertie Ahern
Patrick Bartholomew "Bertie" Ahern is a former Irish politician who served as Taoiseach of Ireland from 26 June 1997 to 7 May 2008....
resigned due to continuing controversy over the payments.
Demise of Loughlinstown and Carrickmines
Michael Smith, a chairman of environmental body An TaisceAn Taisce
An Taisce , also known as the National Trust for Ireland, was established in 1948 with a similar mission to that of the National Trust in England, Wales and Northern Ireland...
grew up in Loughlinstown
Loughlinstown
Loughlinstown is a south Dublin suburb. Located in the County of Dun Laoghaire-Rathdown it lies on the N11 National Primary Route.Loughlinstown is the location of St. Columcille's Hospital, which serves both south Dublin and north Wicklow...
, originally a scenic area directly south of Dublin city on the Wexford road, site of the first dual carriageway
Dual carriageway
A dual carriageway is a class of highway with two carriageways for traffic travelling in opposite directions separated by a central reservation...
in Ireland. In 1991, an intensive IR£
Irish pound
The Irish pound was the currency of Ireland until 2002. Its ISO 4217 code was IEP, and the usual notation was the prefix £...
800,000 public relations
Public relations
Public relations is the actions of a corporation, store, government, individual, etc., in promoting goodwill between itself and the public, the community, employees, customers, etc....
(PR) campaign to generate local support for the rezoning of hundreds of acres in Loughlinstown and nearby Cabinteely
Cabinteely
Cabinteely is a south-eastern suburb of Dublin in Ireland, in the administrative county of Dún Laoghaire-Rathdown.-History:There is a prehistoric burial tomb known as Brennanstown Portal Tomb, Glendruid cromlech/dolmen, or The Druids’ Altar near Cabinteely....
underpinned was spearheaded by public relations consultant and sports broadcaster Bill O'Herlihy
Bill O'Herlihy
Bill O'Herlihy is an Irish sports broadcaster with Raidió Teilifís Éireann . He also heads one of Ireland's largest public relations firms.-Bill's life:...
and later by PR consultant and former political secretary Frank Dunlop
Frank Dunlop
Frank Dunlop is an Irish lobbyist and former broadcast journalist with Raidió Teilifís Éireann . Originally from County Kilkenny, he is a key witness to the Mahon Tribunal which is investigating improper payments by property developers to Irish politicians and will be a key witness in pending...
. Some councillors firmly resisted the rezoning, supposedly concerned about the commercial and social welfare of nearby Dún Laoghaire
Dún Laoghaire
Dún Laoghaire or Dún Laoire , sometimes anglicised as "Dunleary" , is a suburban seaside town in County Dublin, Ireland, about twelve kilometres south of Dublin city centre. It is the county town of Dun Laoghaire-Rathdown County and a major port of entry from Great Britain...
but are alleged to have ensured that there was sufficient support from colleagues whose political bases were elsewhere. The rezoning was approved.
Former Fianna Fáil
Fianna Fáil
Fianna Fáil – The Republican Party , more commonly known as Fianna Fáil is a centrist political party in the Republic of Ireland, founded on 23 March 1926. Fianna Fáil's name is traditionally translated into English as Soldiers of Destiny, although a more accurate rendition would be Warriors of Fál...
politician Liam Lawlor
Liam Lawlor
Liam Aloysius Lawlor was an Irish politician who resigned from the Fianna Fáil political party following a finding by a Party standards committee that he had failed to co-operate with its investigation into planning irregularities, and subsequently came into conflict with the Mahon Tribunal.-Early...
was presented at a public meeting concerning nearby Cherrywood as his party's "planning expert".
£10,000 reward
There had long been speculation about the extent of corruption underlying these planning decisions, and there had been several GardaíGarda Síochána
, more commonly referred to as the Gardaí , is the police force of Ireland. The service is headed by the Commissioner who is appointed by the Irish Government. Its headquarters are located in the Phoenix Park in Dublin.- Terminology :...
inquiries in the 1980s and 1990s but these failed to uncover evidence.
Smith and barrister Colm Mac Eochaidh, later a Fine Gael
Fine Gael
Fine Gael is a centre-right to centrist political party in the Republic of Ireland. It is the single largest party in Ireland in the Oireachtas, in local government, and in terms of Members of the European Parliament. The party has a membership of over 35,000...
candidate in Dublin South East
Dublin South East (Dáil Éireann constituency)
Dublin South–East is a parliamentary constituency represented in Dáil Éireann, the lower house of the Irish parliament or Oireachtas. The constituency elects 4 deputies...
in the 2002 General Election
Irish general election, 2002
The Irish general election of 2002 was held on Friday, 17 May 2002 just over three weeks after the dissolution of the 28th Dáil on Thursday 25 April by President Mary McAleese, at the request of the Taoiseach, Bertie Ahern...
, in 1995 co-sponsored a £10,000 reward for information leading to convictions for planning corruption.
James Gogarty, a retired employee of construction firm JSME, responded with information about payments to Ray Burke, a Government Minister and former Chairman of Dublin County Council.
Establishment
During the formation of the new Ahern Government in June 1997, questions about the suitability of the appointment of Burke as a minister were raised. Ahern asked Dermot AhernDermot Ahern
Dermot Christopher Ahern is a former Irish Fianna Fáil politician. He was a Teachta Dála for the Louth constituency from 1987 to 2011...
to investigate and defended Burke with the infamous statement:
- I've looked up every tree in North Dublin.
Burke was appointed to the Government but resigned in September following further public revelations and questions. This increased pressure on the Government to investigate. The tribunal was formally established on 4th Nov 1997 to investigate the Gogarty allegations and also:
- 'Section (A)-5' ... if it becomes aware of .... any acts associated with the planning process ... which may in its opinion amount to corruption ... to inquire ... and report to government.
The terms dictated that the Tribunal would inquire into payments to Ray Burke in the course of his long political career and examine the decisions he had made in broadcasting
Broadcasting
Broadcasting is the distribution of audio and video content to a dispersed audience via any audio visual medium. Receiving parties may include the general public or a relatively large subset of thereof...
as well as in planning.
The government had just months earlier also established the separate Moriarty Tribunal
Moriarty Tribunal
The Tribunal of Inquiry into certain Payments to Politicians and Related Matters was an Irish Public inquiry established in 1997 into the financial affairs of politicians Charles Haughey and Michael Lowry. It has revealed significant tax evasion by these and other politicians and leading...
to investigate payments to politicians Charles Haughey
Charles Haughey
Charles James "Charlie" Haughey was Taoiseach of Ireland, serving three terms in office . He was also the fourth leader of Fianna Fáil...
and Michael Lowry
Michael Lowry
Michael Lowry is an Irish politician. He is currently a Teachta Dála for the Tipperary North constituency and continues to enjoy high popularity in his constituency despite being the subject of a criminal investigation resulting from various scandals while in office.-Local government and...
Modules
The Tribunal has organised its investigations into discrete modules:- The Carrickmines I Module / Jackson Way, November 20, 2002 - December 16, 2003
- The Fox and Mahoney Module October 24, 2003 - December 4, 2003
- The St Gerard's BrayBrayBray is a town in north County Wicklow, Ireland. It is a busy urban centre and seaside resort, with a population of 31,901 making it the fourth largest in Ireland as of the 2006 census...
Module October 24, 2003 - December 4, 2003 - The Carrickmines II Module and related issues January 20, 2004 - February 13, 2004
- The Carrickmines II Module, Phase 2, Coolamber lands - witness examination pending
- The Arlington / Quarryvale I Module March 3, 2004 - July 2004
- The Quarryvale II Module (hearings adjourned until further notice pending outcome of High Court application)
- The Cherrywood Module (May 2006 - )
- The Walls'/Kinsealy Module July 2006
- The Lissenhall Module September 2006
- The Tribunal is to investigate, on September 19, 2006, the alleged payment of £10,000 in cash by Frank DunlopFrank DunlopFrank Dunlop is an Irish lobbyist and former broadcast journalist with Raidió Teilifís Éireann . Originally from County Kilkenny, he is a key witness to the Mahon Tribunal which is investigating improper payments by property developers to Irish politicians and will be a key witness in pending...
to councillors in respect of the rezoning of land at Cargobridge, close to Dublin AirportDublin AirportDublin Airport, , is operated by the Dublin Airport Authority. Located in Collinstown, in the Fingal part of County Dublin, 18.4 million passengers passed through the airport in 2010, making it the busiest airport in the Republic of Ireland, followed by Cork and Shannon...
. The rezoning proposal, for industry and air freight warehousing, was passed by a 51- 0 in March 1993 despite strong opposition from Aer Rianta.
Witnesses
In the course of its investigations, the tribunal has communicated with and cross-examined in public hundreds of witnesses. Among the most notable were:James Gogarty
One of the leading witnesses in the early days was James Gogarty. Gogarty, born in KellsKells, County Meath
Kells is a town in County Meath, Ireland. The town lies off the M3 motorway, from Navan and from Dublin. In recent years Kells has grown greatly with many Dublin commuters moving to the town....
, County Meath
County Meath
County Meath is a county in Ireland. It is part of the Mid-East Region and is also located in the province of Leinster. It is named after the ancient Kingdom of Mide . Meath County Council is the local authority for the county...
was of advanced age at the start of the Tribunal. For this reason, the evidence from Gogarty was of concern, from the beginning, in case his health failed. Gogarty was a former Garda and lifelong workaholic. He then trained as an Engineer, worked as a foreman, before being promoted as a long-term executive at construction company Joseph Murphy Structural Engineers (JMSE) who had responded to the 1995 reward offer stating that he had witnessed a bribe of £30,000 being paid in cash to Minister Burke. Gogarty, by now in dispute with his former employers, claimed the payment was in seeking Burkes influence to secure approval to rezone 726 acres (2.9 km²) of land at several locations in north Dublin, including Finglas
Finglas
-See also:* List of towns and villages in Ireland* List of abbeys and priories in Ireland...
, Ballymun
Ballymun
Ballymun is an area on Dublin's Northside close to Dublin Airport, Ireland. It is infamous for the Ballymun flats, which became a symbol of poverty, drugs, alienation from the state and social problems in Ireland from the 1970s...
, Balgriffen, Portmarnock
Portmarnock
Portmarnock is a small suburban village to the north of Dublin, Ireland. It is in the administrative county of Fingal.-Location:Portmarnock lies on the coast and, owing to its proximity to Dublin city, is a form of dormitory village north-northeast of the city centre...
and Donabate
Donabate
Donabate is a small suburban coastal town in Ireland, some 20 km north-northeast of Dublin City. The town is situated on a peninsula which it shares with the town of Portrane. This peninsula lies on Ireland's east coast, between the Rogerstown Estuary to the north and Broadmeadow Estuary to...
. The lands in questions were the subject of a joint development involving JMSE, Michael Bailey, and his brother Tom Bailey. Gogarty also provided evidence of payments to George Redmond, Dublin Corporation manager.
Gogarty was outspoken in his criticism of his employers, several politicians, and the entire planning process. The Irish Independent referred to Gogarty's courage, in calling him "the plucky pensioner". Gogarty received much support from the public gallery during his participation in the Tribunal. Gogarty has since died.
Ray Burke
The Tribunal's inquiries between 1997 and 2002 comprised what were in effect three Public Inquiries, that covered topics as diverse as land rezoning, radio broadcasting and offshore trusts and corporations.The Tribunal reported in September 2002 that the payments received by Burke amounted to corrupt payments. The Report also cited witnesses who obstructed and hindered its work over the prior five years.
- Burke did not purchase his home, Briargate, in 1973 as a normal commercial transaction but a benefit conferred to ensure that Burke would act in the best interests of Oakpark Developments when performing his public duties.
- Burke opened and maintained offshore bankOffshore bankAn offshore bank is a bank located outside the country of residence of the depositor, typically in a low tax jurisdiction that provides financial and legal advantages. These advantages typically include:...
accounts in the Isle of ManIsle of ManThe Isle of Man , otherwise known simply as Mann , is a self-governing British Crown Dependency, located in the Irish Sea between the islands of Great Britain and Ireland, within the British Isles. The head of state is Queen Elizabeth II, who holds the title of Lord of Mann. The Lord of Mann is...
for the purpose of receiving and concealing corrupt payments.
- Burke received a corrupt payment of £35,000 on May 26, 1989 in connection with the granting of a broadcasting license to Century RadioCentury RadioCentury Radio, also marketed as Century 100 and later Century FM, was an early short-lived national commercial radio station in Ireland .-Transmission:...
.
- The payment to Burke on June 15, 1989 which James Gogarty witnessed was not a political donation but was paid to secure Burke's political support and was a corrupt payment
George Redmond
George RedmondGeorge Redmond
George Redmond was Assistant City and County Manager until his retirement on June 23, 1989 at the age of 65. He spent his entire career working for the Dublin local authorities commencing as a clerk in Dublin Corporation in 1941...
was Assistant City and County Manager at Dublin Corporation
Dublin Corporation
Dublin Corporation , known by generations of Dubliners simply as The Corpo, is the former name given to the city government and its administrative organisation in Dublin between 1661 and 1 January 2002...
in 1988. A planning application had been lodged with Dublin County Council
Dublin County Council
Dublin County Council was a local authority for the administrative county of County Dublin in the Republic of Ireland. It was established by the Local Government Act 1898....
on October 1, 1982 to build 206 houses at Forrest Road Swords
Swords, Dublin
Swords is the county town of Fingal in Ireland. It is about 13 km north of Dublin city centre and is part of its commuter belt.- History :...
. A 5-year Planning Permission was approved.
James Gogarty deposed on October 12, 1998 that Redmond had received payments from Mr Joseph Murphy. The Tribunal investigated these payments and concluded.:
- That Redmond devised a strategy which resulted in the service charge and levies payable upon the development of lands at Forrest Road being fixed at their 1983 level for a period of two years after the expiry of the Planning Permission on June 21, 1988
- Redmond demanded 10% of the savings achieved by following his strategy as payment for his services
- If a new planning application was made without his assistance, the service charges and levies would be fixed at least 100% more than those fixed in 1983.
- That Redmond received a payment of no less than £12,246 for his service from Murphy and this was a corrupt payment
- Murphy paid Redmond £15,000 at Clontarf Castle Hotel in July 1989 as compensation for not appointing him as a consultant to the Murphy landowning companies after his retirement from Dublin County Council but this was not a corrupt payment
- Michael Bailey made 3 cash payments to Redmond in the 18 months prior to July 1989 and these were corrupt payments.
- That Redmond hindered and obstructed the Tribunal
Bertie Ahern
Following allegations that he had received payments from developer Owen O'Callaghan, the tribunal began an investigation of the finances of TaoiseachTaoiseach
The Taoiseach is the head of government or prime minister of Ireland. The Taoiseach is appointed by the President upon the nomination of Dáil Éireann, the lower house of the Oireachtas , and must, in order to remain in office, retain the support of a majority in the Dáil.The current Taoiseach is...
Bertie Ahern
Bertie Ahern
Patrick Bartholomew "Bertie" Ahern is a former Irish politician who served as Taoiseach of Ireland from 26 June 1997 to 7 May 2008....
. Ahern and O'Callaghan denied that any such payments had taken place. Details of specific transactions under investigation were leaked to the press and questions were asked in the Dáil. During a September 2006 interview with RTÉ's
Raidió Teilifís Éireann
Raidió Teilifís Éireann is a semi-state company and the public service broadcaster of Ireland. It both produces programmes and broadcasts them on television, radio and the Internet. The radio service began on January 1, 1926, while regular television broadcasts began on December 31, 1961, making...
Bryan Dobson
Bryan Dobson
Bryan Dobson is a newscaster with RTÉ in Ireland. He has presented RTÉ News: Six One for almost 15 years. He previously presented RTÉ News: Nine O'Clock.-Early life:...
Ahern denied that he had received any illegal payments and claimed that some of the transactions related to unsolicited dig-outs from friends during his legal separation
Legal separation
Legal separation is a legal process by which a married couple may formalize a de facto separation while remaining legally married. A legal separation is granted in the form of a court order, which can be in the form of a legally binding consent decree...
proceedings in 1993 and 1994. Further transactions relating to the purchase of his house and foreign currency conversions became public during the lead up to the Irish general election, 2007. The tribunal postponed sittings for the duration of the campaign. Ahern was re-elected Taoiseach and attended the tribunal for witness questioning in September and December 2007 and February 2008.
During a heated exchange between Ahern and Judge Mahon on February 22, 2008, Ahern stated that his former partner, Celia Larkin, received a loan of IR£
Irish pound
The Irish pound was the currency of Ireland until 2002. Its ISO 4217 code was IEP, and the usual notation was the prefix £...
30,000 from a special Fianna Fáil
Fianna Fáil
Fianna Fáil – The Republican Party , more commonly known as Fianna Fáil is a centrist political party in the Republic of Ireland, founded on 23 March 1926. Fianna Fáil's name is traditionally translated into English as Soldiers of Destiny, although a more accurate rendition would be Warriors of Fál...
fundraising account to buy a house. After the exchange, opposition leaders called for the Taoiseach's resignation. On March 20, Ahern's former secretary, Gráinne Carruth, was forced, on evidence presented to her by the tribunal, to accept as a matter of probability that a lodgement of 15,000 pounds she had made into an account on Ahern's behalf had been in sterling. This directly contradicted to Ahern's previous assertion that the money was from his salary. Carruth had also broken down while making this admission, whereas she had previously backed up Ahern's testimony, provoking condemnation of Ahern for betraying her loyalty by forcing her to go through with her appearance. On April 2, Ahern announced his intention to resign from the position of Taoiseach, effective May 6, 2008.
Other witnesses
- Frank DunlopFrank DunlopFrank Dunlop is an Irish lobbyist and former broadcast journalist with Raidió Teilifís Éireann . Originally from County Kilkenny, he is a key witness to the Mahon Tribunal which is investigating improper payments by property developers to Irish politicians and will be a key witness in pending...
the PR adviser who in 2000 on the advice of Mr. Justice Flood reflected overnight on his evidence and on the following day began to reveal the monies he had paid to various politicians on behalf of his clients, developers seeking rezoning. His evidence was central to the tribunal findings of corruption. - Liam T. CosgraveLiam T. CosgraveLiam Thomas Cosgrave is a former Fine Gael politician in the Republic of Ireland.Coming from a political family, he is the son of former Taoiseach Liam Cosgrave and grandson of the first President of the Executive Council of the Irish Free State W. T...
- Liam LawlorLiam LawlorLiam Aloysius Lawlor was an Irish politician who resigned from the Fianna Fáil political party following a finding by a Party standards committee that he had failed to co-operate with its investigation into planning irregularities, and subsequently came into conflict with the Mahon Tribunal.-Early...
- Property developers such as Tom Gilmartin, the Bailey Brothers, Joseph Murphy, Oliver Barry
- Various Dublin councillors
- Pádraig FlynnPadraig FlynnPádraig "Pee" Flynn is a former Irish politician. He was first elected to Dáil Éireann as a Fianna Fáil Teachta Dála in 1977. He was returned at each subsequent election until 1993...
regarding IEP 50,000 received from Tom Gilmartin who claimed it was for FF not Flynn personally.
Reports and findings
To date the inquiry has published four interim reports, confirming corruption in the planning process.The First Interim report lays out the work of the Tribunal for the coming years. It was published just after the then Flood Tribunal began its work.
First Interim Report
The Second Interim Report was published in September 2002. It reported findings related to the first three modules, Gogarty, McGowan and Century Radio/Ray Burke. It is the most substantial of the reports thus far, and caused massive controversy at the time of its publication.
See: Second Interim Report
The Third Interim Report of the Tribunal was published on September 30, 2002 by Mr Justice Fergus Flood. It deals mainly with the activities of George Redmond.
See: Third Interim Report
The Fourth Interim report informed the Oireachtas of the extent of the workload of the Tribunal and its likely duration, to inform the Oireachtas of the Tribunal’s respectful request for amendments to the current Terms of Reference and to inform the Oireachtas of other matters related to the work of the Tribunal which the Tribunal deems may be relevant to the Oireachtas.
See: Fourth Interim Report
Jail sentences
George Redmond, Ray Burke and Liam Lawlor have served jail sentences for tax evasion and non co-operation respectively.Tax yields
The Tribunal had cost the State €21 million by 2002 but €34.5 million was recovered by the Revenue Commissioners and the Criminal Assets BureauCriminal Assets Bureau
The Criminal Assets Bureau is a law enforcement agency in Ireland, the purpose of which is to recover the proceeds of organised crime. It is a division of the Garda , but reports annually to the Minister for Justice, Equality and Law Reform...
.
The Bailey brothers and their company, Bovale Developments reached a settlement with the Revenue Commissioners in respect of PAYE
PAYE
Pay as you earn or PAYE refers to a system of withholding of income tax from payments to employees. Amounts withheld are treated as advance payments of income tax due. They are refundable to the extent they exceed tax as determined on tax returns. PAYE may also refer to withholding of the...
, PRSI, Corporation Tax and Income Tax
Income tax
An income tax is a tax levied on the income of individuals or businesses . Various income tax systems exist, with varying degrees of tax incidence. Income taxation can be progressive, proportional, or regressive. When the tax is levied on the income of companies, it is often called a corporate...
in 2006.
Jackson Way assets
The Criminal Assets BureauCriminal Assets Bureau
The Criminal Assets Bureau is a law enforcement agency in Ireland, the purpose of which is to recover the proceeds of organised crime. It is a division of the Garda , but reports annually to the Minister for Justice, Equality and Law Reform...
successfully obtained a High Court order on July 26, 2006 freezing land assets of 107 acre (0.43301402 km²) at Carrickmines
Carrickmines
Carrickmines is suburb of Dublin in Dun Laoghaire-Rathdown, Ireland. Traditionally a location for large expensive houses, being situated just south of Foxrock. The area is now divided north/south by the M50 motorway and its associated Junction 15...
, County Dublin
County Dublin
County Dublin is a county in Ireland. It is part of the Dublin Region and is also located in the province of Leinster. It is named after the city of Dublin which is the capital of Ireland. County Dublin was one of the first of the parts of Ireland to be shired by King John of England following the...
owned by Jackson Way Properties Ltd and preventing their sale. CAB contended that these lands had been rezoned by a 13 - 11 vote on December 16, 1997 by Dún Laoghaire-Rathdown County Council
Dún Laoghaire-Rathdown County Council
Dún Laoghaire-Rathdown County Council is the local authority for the county of Dún Laoghaire–Rathdown in Ireland. It is one of three local authorities that comprised the former Dublin County Council before its abolition and one of four councils in the Dublin Region. It serves a population of...
from agricultural to industrial after Frank Dunlop
Frank Dunlop
Frank Dunlop is an Irish lobbyist and former broadcast journalist with Raidió Teilifís Éireann . Originally from County Kilkenny, he is a key witness to the Mahon Tribunal which is investigating improper payments by property developers to Irish politicians and will be a key witness in pending...
bribed and made corrupt payments to councillors to secure their support in the rezoning vote. That vote, for example, increased the value of just 17 acres (68,796.6 m²) of the property from €8 million to €61 million. CAB has interviewed and taken statements from Frank Dunlop
Frank Dunlop
Frank Dunlop is an Irish lobbyist and former broadcast journalist with Raidió Teilifís Éireann . Originally from County Kilkenny, he is a key witness to the Mahon Tribunal which is investigating improper payments by property developers to Irish politicians and will be a key witness in pending...
and will use him as a witness against a number of property developers.
The lands in question have been the subject of investigation by the Tribunal in 2003 and 2004.
If this case succeeds the potential money realised by CAB will be substantially more than the yield from gangland criminals since 1996. Other similar cases are likely to ensue involving lands investigated by the Tribunal.
See also
- Notable Public Inquiries in Ireland
- McCracken Tribunal
- Betelgeuse incidentBetelgeuse incidentThe Betelgeuse incident, also known as the Betelgeuse or Whiddy Island disaster, occurred on 8 January 1979, at around 1:00 a.m., when the oil tanker Betelgeuse exploded in West Cork, Ireland, at the offshore jetty of the Whiddy Island Oil Terminal, due to the failure of the ship's structure...
- Kerry Babies TribunalKerry Babies TribunalThe Kerry Babies case is an unsolved murder case dating from 1984 in Kerry, Ireland, that dominated the Irish headlines for some months during that year and resulted in a public Tribunal of Inquiry into the behaviour of the Garda Síochána during the investigation.On 14 April 1984, a newborn baby...
- Moriarty TribunalMoriarty TribunalThe Tribunal of Inquiry into certain Payments to Politicians and Related Matters was an Irish Public inquiry established in 1997 into the financial affairs of politicians Charles Haughey and Michael Lowry. It has revealed significant tax evasion by these and other politicians and leading...