The Mahon tribunal wrote to Taoiseach Bertie Ahern in October 2006 after he spoke about his personal finances in the Dáil, as it believed that he had made references to documents which he had not disclosed to the tribunal.
The Taoiseach's solicitors responded to the letter a few days later and said the tribunal had misconstrued Mr Ahern's statements in the Dáil. They said he had disclosed to the inquiry all the documents he was required to.
The correspondence was referred to in an affidavit from Mr Ahern's solicitor, Liam Guidera, which formed part of the Taoiseach's High Court application on Monday. Mr Ahern is seeking to prevent the tribunal questioning him about comments made in the Dáil.
Sections of the correspondence were read out yesterday on the Lunchtime with Eamon Keane show on Newstalk 106 and its content has been confirmed by The Irish Times.
In the letter on October 2nd, 2006, the tribunal listed seven items it said Mr Ahern had stated or inferred in the Dáil.
The items listed included his saying he had:
- gone through his wife and children's personal records back to 1977;
- had taken advice on records going back seven years;
- and had comprehensive documentation in relation to the loans made to him and that these documents were with the tribunal.
The tribunal also said he had stated or inferred that he had:
- provided all the documents requested by the tribunal to it, including sworn affidavits and statements of evidence;
- that his documents included advice from senior counsel and advice on tax obtained over the years;
- that he had updated paperwork in relation to the loans he received from friends;
- and that he had records on the payment of capital gains tax and gift tax.
The tribunal said it believed all of the listed items predated an affidavit of discovery sworn by Mr Ahern in March 2006, on foot of an order of discovery from the tribunal in November 2004.
The tribunal said its evaluation of the documents provided by Mr Ahern on foot of the order caused it to refer in correspondence to him to the "paucity" of documentation provided.
The letter referred to the tribunal seeking information about what Mr Ahern had told his accountant, Des Peelo, and the tribunal rejecting Mr Ahern's claim that his dealings with Mr Peelo were privileged.
The tribunal said it was concerned following Mr Ahern's comments in the Dáil that documents may exist that should have been disclosed under the terms of its order of discovery to Mr Ahern.
A week later Mr Ahern's solicitors responded, saying Mr Ahern confirmed that he had made a full order of discovery and was concerned the tribunal had so quickly formed a view based on a "misconstruction" of what Mr Ahern had said in the Dáil.
In relation to the points raised by the tribunal, he responded in relation to the first point raised, by saying he had considered all the documents in his possession.
On the second point he said he had received advice concerning his dealings with the tribunal.
On the third point, to do with comprehensive documentation concerning the loans, he said this was a reference to his correspondence with the tribunal on the matter, and the correspondence he presumed there had been between the donors and the tribunal.
On the fourth point he said he had provided all documents other than those he was precluded from providing. On the fifth point raised, he said he did not state in the Dáil that he had such advice from senior counsel and tax advisers.
He also said he did not state he had up-to-date paperwork in relation to the loan; and that he had made a full discovery to the tribunal.