Mahon Tribunal: The concert promoter and former Century Radio investor, Mr Oliver Barry, has applied to have the State pay €611,000 for the costs of his appearance before the Mahon tribunal. Mary Carolan reports.
The tribunal chairman, Judge Alan Mahon, yesterday reserved judgment on the costs application to next month.
Mr Barry appeared before the tribunal in connection with a claim that a £35,000 payment was made in 1989 by him, on behalf of Century Radio, to the former Fianna Fáil communications minister, Mr Ray Burke.
The tribunal upheld that claim and described the payment as "a bribe" which the Century promoters believed would assist their private interests.
In submissions yesterday on Mr Barry's costs application, Mr Des O'Neill SC, for the tribunal, said adverse findings were made against Mr Barry in relation to the substantive issues before the tribunal. Mr Barry had also been found not to have co-operated with the tribunal.
He said the Century module had lasted 87 days, and Mr Barry had sought legal costs of €611,000, including a €300,000 solicitors' bill. Six counsel had appeared for Mr Barry at various stages, and their daily rates ranged from €2,100 to €3,100. Fees to witnesses amounted to €38,000.
Mr Michael Cush SC, for Mr Barry, said the chairman should examine the Century payment in context.
Mr Barry had said he made the payment to Mr Burke because he had asked for it and had told Mr Barry the money was going to Fianna Fáil. Mr Barry had said he felt the payment was made in Century's interest.
The tribunal had not accepted that the motive for the payment was a payment to Fianna Fáil and found it was a payment for Mr Burke, Mr Cush said. That was the only difference between Mr Barry's evidence and the tribunal's findings.
While the tribunal had found Mr Barry failed to comply with an order for discovery, that finding was significant because it was not a refusal to comply but about a failure to discover material within a specified time.
There were particular circumstances involved, the material was discovered within a short period and an apology made on behalf of Mr Barry.
Mr Cush added that the Century module had lasted a good deal longer than Mr Barry had anticipated, and this had added to his expense.
Mr Barry had given evidence over 14 days. There were significant conflicts of evidence between Mr Barry and others which emerged during the Century module, and those conflicts which the tribunal was able to resolve had been resolved in Mr Barry's favour, he said.
Mr Barry was an individual, not a commercial organisation, and the legal costs incurred by him before the tribunal were a very real burden for him, Mr Cush added.