JMSE's managing director, Mr Frank Reynolds, conceded yesterday that it was he who accompanied an accountant, Mr Tim O'Keeffe, to the bank to collect the cash handed over to Mr Ray Burke later that day at his home on June 8th, 1989.
He had no memory of it, he insisted, but when confronted with the sworn evidence of Mr O'Keeffe, who had told the tribunal that he was "90 per cent sure" that it was Mr Reynolds who had driven the car, said: "If he says that, I would accept it."
Mr John Gallagher SC, for the tribunal, took Mr Reynolds through Mr O'Keeffe's evidence and noted the accountant's recollection that cheque lodgments were normally by courier or accountancy staff, "not someone of managing director status". This was "an extremely unusual transaction," he had recalled.
"Would it have been extremely unusual for you?" Mr Gallagher asked Mr Reynolds.
"Yes. That's why I would have definitely remembered going into the bank."
"Would you not remember if you stayed outside?"
He had done this on a number of occasions because of problems with parking in the Talbot Street area. He knew one of the managers in AIB Talbot Street, "a Mr Tobin, by coincidence a next-door neighbour of Mr Gogarty".
He had no recollection of contacting Mr Tobin in advance to facilitate Mr O'Keeffe. "That would stand out if I had."
"So nothing that Mr O'Keeffe said in his evidence can assist you in your recollection?" asked Mr Gallagher.
"Nothing," said Mr Reynolds.
When had be first become aware that £30,000 had been drawn on JMSE and subsequently been repaid by its sister company, Grafton Construction?
"I obviously signed the cheque and I might well have known that it had come back. It's the sort of thing you keep in your mind."
He might have been told it was a loan. "I may even have lodged the cheque when it came back, but I have no memory of it."
That amount was subsequently to feature in the working papers of the auditors, Bates & Co, where it was referred to as "enhancement expenditure". This related to lands owned by Grafton Construction. The document in question for the year ending May 31st, 1990, showed a total of £95,273 under "enhancement expenditure" - £65,273 of it relating to the purchase of lands at Poppintree.
Mr Reynolds agreed with Mr Gallagher that the £30,000 "cash" in question was the amount paid to Mr Burke but could not say why it had been labelled "enhancement expenditure".
Mr Reynolds said he knew nothing about a meeting in Clontarf Castle at which it was alleged (by Mr James Gogarty) that Mr Joseph Murphy jnr had paid the sum of £25,000 to Mr George Redmond, the assistant Dublin city and county manager.