Judge warns builder on obstruction

Mr Justice Flood yesterday warned Mr Tom Brennan that he could face a fine and/or two years in jail for obstructing the work of the tribunal.

The builder had earlier been accused by Mr Pat Hanratty SC, for the tribunal, of lying and perjuring himself when he first gave evidence to the tribunal in April 2000.

On that occasion, asked if "you yourself" made any payments to Mr Burke, he replied that he hadn't.

The tribunal later found that Mr Burke got £50,000 from Kalabraki, an offshore company owned by Mr Brennan, in 1982. He later got £75,000 from another company largely owned by Mr Brennan and his colleague Mr Joe McGowan.

Mr Brennan explained that he "couldn't remember anything" about these payments when he gave evidence last year. Any money Mr Burke got came from his companies, "not from me personally".

Mr Hanratty pointed out that Kalabraki was "100 per cent" under Mr Brennan's control.

Mr Brennan said he offered the £50,000 to Mr Burke because he knew Fianna Fail was short of money. There were a lot of elections on at the time and there "wasn't even money to buy sandwiches or drinks for the workers" in the elections.

Mr Hanratty accused the witness of "deliberately lying and perjuring yourself" to the tribunal. It was at this point that Mr Justice Flood issued his warning, urging the witness to "bear very clearly in mind" the legislative penalties for hindering or obstructing the tribunal.

Mr Brennan said he couldn't recall anything. The companies had nothing to do with him personally. If he had misled anyone last year, he apologised.

Mr Hanratty said the witness received two letters and a summons from the tribunal, in which he was required to disclose all payments to Mr Burke. But he hadn't even told the tribunal he had an account in Jersey.

"You didn't tell the tribunal about all this until the tribunal found out about it. Then you cobbled together this nonsensical excuse. You were rumbled," Mr Hanratty said.

Why was the £50,000 paid to an Isle of Man account in the name of a pseudonym of Mr Burke? he asked. What had an account in the name of "P.D. Burke" to do with Fianna Fail? Did Mr Brennan think Fianna Fail would have an account in the Isle of Man?

Mr Hanratty said it was "utterly and totally implausible" for Mr Brennan to argue that it was a political donation.

Was it a coincidence, he asked, that of all the banks Mr Burke chose in Britain he selected the same London branch of AIB as that used by Mr Brennan and Mr McGowan?