MAHON TRIBUNAL: Property developer Mr Tom Gilmartin has withdrawn a claim that he told Ms Mary Harney about his meeting with Fianna Fáil ministers in Leinster House in 1989 and of a £5 million extortion demand that followed.
Last week, Mr Gilmartin told the tribunal he informed the PD politician about these matters at a house-warming party in Dalkey at the time. However, at the end of yesterday's proceedings, his lawyers read a statement in which he admitted that Ms Harney was not one of the people he told about the Leinster House meeting.
Mr Gilmartin said that "on reflection" he now thought he hadn't told her this. He may have confused this party with a separate house-warming in Dalkey, which Ms Harney did not attend.
When he met Ms Harney at the house-warming in December 1988, he talked to her about his business deals. He knew she was opposed to one of his schemes, either Bachelor's Walk or Quarryvale. He informed her of some problems he had encountered, including the activities of Mr Liam Lawlor. She didn't respond.
Earlier, the tribunal rejected an application by lawyers for the Taoiseach and other parties for access to confidential documents relating to Mr Gilmartin.
Judge Alan Mahon refused the application from Mr Ahern's legal team and others for the release of private tribunal interviews with Mr Gilmartin. He also refused to release a draft statement compiled by the developer with his then solicitor, Mr Noel Smyth, in 1998. Mr Ahern's lawyers were anxious to see if these documents contained any divergences from the account Mr Gilmartin has given to the tribunal.
In a ruling, the chairman said there were no extraordinary circumstances in this case to justify the tribunal departing from its normal practice of circulating only those documents that were relevant and had probative value.
He said the transcripts of Mr Gilmartin's interviews with tribunal lawyers remained confidential to the tribunal. As for the statement drawn up with Mr Smyth, Mr Gilmartin had furnished this under specified assurances of confidentiality.
In evidence yesterday, Mr Gilmartin again accused the Taoiseach and other members of the Cabinet in 1989 of lying in relation to his claimed meeting with seven ministers in Leinster House in February that year.
Mr Bernard Madden SC, for Mr Pádraig Flynn, said his client had no recollection of attending any such meeting as described by Mr Gilmartin, in Leinster House or elsewhere. Mr Madden pointed out that Mr Ahern had no recollection of the meeting either.
Asked about the Taoiseach's failure to recollect this alleged meeting, Mr Gilmartin said "the word 'recollection' is a nice way of getting around the house rules. He is actually lying". Mr Flynn was "not telling the truth".
However, Judge Mahon later ruled the question of Mr Ahern or Mr Flynn lying did not arise, because they had said they did not recollect the meeting.
Judge Gerald Keys told Mr Madden that while there was no recollection of the meeting taking place on the part of some of those alleged to have been there, it could have taken place and Mr Flynn could have attended it.
Mr Madden said Mr Flynn would tell the tribunal he was in Mayo on June 2nd, 1989, the day Mr Gilmartin had said he gave a £50,000 cheque to the minister.
Mr Flynn was in Mayo "that day and all day," which was the "nomination day" for the general election, counsel said. Mr Gilmartin said Mr Flynn "must have the power of bilocation".
He believed he paid the money on this day, but he wasn't sure. He added: "What does it matter? I gave him the cheque". The witness disputed Mr Madden's version of the meeting with Mr Flynn, insisting that the politician knew he was getting £50,000 and that it was for Fianna Fáil.
