The names of Mr Charles Haughey and Mr Bertie Ahern were mentioned in a draft signed statement in 1997 by Mr James Gogarty, but were omitted from his sworn affidavit to the tribunal, the hearing was told yesterday.
Mr Gogarty had referred in his draft statement to a meeting with Mr Michael Bailey in 1989 about purchasing the Murphy lands and getting them rezoned.
It stated: "I still questioned him [Bailey] and he had no hesitation in saying that he was a major contributor to Charlie Haughey and Ray Burke, and that they controlled the Fianna Fail vote on the council and had a very good lieutenant in Bertie Ahern."
Mr Colm Allen SC, for the Baileys and Bovale Ltd, said yesterday that Mr Gogarty had not mentioned Mr Haughey or Mr Ahern in his sworn affidavit.
Counsel quoted from the draft statement signed by Mr Gogarty on September 25th, 1997 and witnessed by his solicitor. In it Mr Gogarty said there was a meeting attended by Mr Bailey, Mr Frank Reynolds, Mr Joseph Murphy jnr and himself.
Mr Gogarty had asked how Mr Bailey could be so certain he could get the lands. The statement then made the reference to Mr Haughey and Mr Ahern. Mr Allen said that appeared to be a definitive statement. Mr Gogarty said it appeared to be.
Mr Allen turned to Mr Gogarty's sworn affidavit in which he stated: "At this meeting, Michael Bailey asserted that he had had discussions with Ray Burke about rezoning and that money would have to be paid to certain Dublin county councillors to secure a major vote in favour of rezonings and materials contraventions of the Development Plan. Michael Bailey further asserted that he was a major contributor to Ray Burke."
Mr Allen asked Mr Gogarty why there was no mention of Mr Haughey and Mr Ahern. Mr Gogarty said he did not know what he meant by that.
Mr Allen said it was "exquisitely simple". Why on the one hand had Mr Gogarty traduced two senior politicians in a statement, witnessed by his solicitor, but when it came to swearing the affidavit, which on its face was given voluntarily and to assist the tribunal, he had omitted the names of both Mr Haughey and Mr Ahern?
Mr Gogarty asked: "Yes, what's wrong with that?"
When asked again about the inconsistencies between the draft statement and the affidavit, Mr Gogarty said he would like to read paragraph four of his affidavit.
It stated: "I should say that because the periods covered by this affidavit and the topics addressed therein are lengthy matters, matters to which I refer are of necessity summaries and facts (whether significant or insignificant), may be overlooked or accidentally omitted, therefore it may be appropriate for me to supplement those summaries in the future whether by affidavit or means of oral evidence and I reserve the right to so do. I also conclude my willingness to elaborate in greater detail any matters within my knowledge if so requested by the tribunal." Mr Gogarty said: "I think that answers your question."