Information on how ail trustees of Fianna Fail were elected was described by a High Court judge yesterday as "very unsatisfactory". Ms Justice Carroll made the remark when granting an application by the trustees - the Taoiseach, Mr Ahern; former minister for agriculture Mr Michael O'Kennedy TD; and Mr Richard Howlin - to have the Fianna Fail headquarters in Mount Street, Dublin, vested in their names.
Last week, the judge adjourned the application. She said there was clearly a gap in the proofs relating to how the current trustees were appointed.
Yesterday, Mr James Dwyer SC, for the trustees, read an affidavit from the Fianna Fail general secretary, Mr Martin Mackin. Mr Mackin said Mr Ahern, having been elected party leader in 1994, was made president of the party and thus became a trustee.
Mr Howlin was appointed a trustee in 1993 on the nomination of then party president, Mr Albert Reynolds, while Mr O'Kennedy became a trustee in 1980 on the nomination of then party president, Mr Charles Haughey.
Mr Mackin said the trustees were duly elected in accordance with party rules. Ms Justice Carroll asked if formal proofs were available as to how the three men were elected trustees. Mr Dwyer said there was no written document. They would have been made trustees following oral resolutions which would have been put to the party.
The judge said it would be usual to have copies of the resolutions and asked if there was a copy of the party rules.
Mr Dwyer said there were no written documents which would verify the appointment of the trustees and there was no record in minutes. Mr Ahern, as Fianna Fail president, became a trustee and the other two were properly elected by the ardfheis. They did not have a copy of the rules. Ms Justice Carroll said there were no rules and no resolution and nothing in writing except Mr Mackin's affidavit. It was very unsatisfactory and this was not the normal way trustees were appointed by the courts.
Mr Dwyer said he believed if there was an averment in such applications, the practice was that he would not normally have to exhibit documents. Ms Justice Carroll said she would make the order sought.