Flood report detailed corrupt payments from businessmen

Burke and the tribunal: People had whispered the word for years but it wasn't until September 2002, when the Flood tribunal …

Burke and the tribunal: People had whispered the word for years but it wasn't until September 2002, when the Flood tribunal published its second interim report, that "corrupt" was finally nailed to Mr Ray Burke's name.

The report, Mr Justice Flood's last before handing the tribunal over to a new panel of judges, detailed a series of corrupt payments from property developers and other businessmen dating back 30 years.

One of the most convoluted episodes involved the payment of at least £30,000 to Mr Burke in June 1989 by property company JMSE.

The circumstances of the "corrupt" payment were famously recalled by a disgruntled former employee of the firm, Mr James Gogarty, who described this exchange with his boss, Mr Michael Bailey, as they made their way to Mr Burke's home: "Will we get a receipt?" "Will we, f--k!"

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While most of the payments under scrutiny were in return for planning favours, Mr Burke was also found to have been in receipt of a corrupt payment in relation to promoting the interests of Century Radio.

The station's promoter, Mr Oliver Barry, gave £35,000 to the then minister for communications in May 1989 - just four months after Century had secured the licence for Ireland's first national commercial radio station.

The Flood report noted that Mr Burke's directive in March 1989 obliging RTÉ to provide its facilities to Century was "to advance the private interests of the promoters of Century and not to serve the public interest".

In addition, by proposing legislation which would curb RTÉ's advertising, alter the format of 2FM and divert broadcasting licence fee income from RTÉ to independent broadcasters, Mr Burke "was acting in response to demands made of him by the promoters of Century and was not serving the public interest".

Mr Barry told the tribunal the payment to Mr Burke was a political contribution to a friend, noting the money came from income on a Frank Sinatra concert he had promoted.

Another "corrupt payment" cited in the report was the transfer of Briargate, a property at Swords, north Dublin, to Mr Burke in 1973.

The report said Mr Burke did not purchase the home from Oakpark Developments Ltd in a normal commercial transaction, adding that the consideration - if any - passing between the politician and the directors of the company, Mr Tom Brennan and Mr Jack Foley, for the property "did not represent the open market value".

The report added: "The assignment of Briargate by Oakpark Developments Ltd to Mr Burke conferred a substantial benefit upon him which in the opinion of the tribunal was given in order to ensure that he would act in the best interests of Oakpark Developments Ltd's director Mr Tom Brennan and his associates when performing his public duties as a member of Dublin County Council and a member of Dáil Éireann."

Mr Burke later sold the property in 2000 for £3 million.

The Flood report also detailed the creation of off-shore accounts for Mr Burke in the Isle of Man and Jersey to receive payments from Mr Brennan and his associates.

Four corrupt payments into these accounts were highlighted, comprising stg £50,000 in December 1982, stg £35,000 in April 1984, stg £60,000 in November 1984, and stg £15,000 in April 1985.

Joe Humphreys

Joe Humphreys

Joe Humphreys is an Assistant News Editor at The Irish Times and writer of the Unthinkable philosophy column