Mr James Gogarty said yesterday he disagreed that he was the boss - and acted with the authority of the boss - of JMSE in June 1989.
Mr Garrett Cooney SC, for JMSE, said Mr Tim O'Keeffe, JMSE in-house accountant, would say that while he was in JMSE, he [Mr Gogarty] was regularly in and out of the premises and when he was there he was exercising the authority of the boss. "You were the boss. Is that right?"
"The boss. I wasn't the boss, no. Roger Copsey was the chief executive, acting chief executive," Mr Gogarty said.
Mr Cooney said Mr Copsey was financial director. He asked if he agreed or disagreed that he (Mr Gogarty) was the boss.
Mr Gogarty: "I disagree."
Mr Cooney said he had referred to written memos by Mr Denis McArdle, the company solicitor. One was of a phone conversation with Mr Copsey on June 8th which stated: "£30,000 wanted today, if possible £10,000 cheque and £20,000 cash - June 15th - election - contribution". Mr McArdle said he could not get cash and the money had to be in the form of a bank draft.
Another note was made by Mr McArdle's secretary on the same day which stated that Mr Copsey said to forget the call that morning and at his reasonable leisure to draw up a cheque from his client's account for £30,000 payable to JMSE.
Mr Cooney put it to Mr Gogarty that the urgency or necessity for payment had evaporated because he had by that stage arranged the payment of the £30,000 from the JMSE account. Did he agree or disagree?
Mr Gogarty said: "Disagree with that."
Mr Cooney said there was a letter of June 8th from Mr McArdle to the deposit manager of ICC referring to the account number and asking if it would give the bearer of the letter a cheque for £30,000.
In another letter from Mr McArdle to Mr Copsey dated June 12th, 1989, he confirmed he was "sending a cheque for £30,000 payable to JMSE directly to Jim".
Mr Cooney said Mr Copsey's evidence would be that he sought the money from Mr McArdle at Mr Gogarty's instructions. Mr Gogarty said it was not on his instructions. He disagreed with that.