Fianna Fáil senator Don Lydon has produced a surprise alibi that he says proves he could not have sought a bribe as claimed by lobbyist Mr Frank Dunlop.
Sen Lydon claims he was addressing a conference on "Europhobia" at the time Mr Dunlop alleges the politician was soliciting a bribe for his vote on a rezoning motion. And he says he would have been too busy to arrange a meeting at the time when Mr Dunlop alleges he paid over an agreed sum of £3,000.
Tribunal lawyers, who were unaware of Sen Lydon's alibi until yesterday, have told his lawyers to furnish them with the details.
Mr Seamus Ó Tuathail SC, for Sen Lydon, replied that the first his client became aware of the "false allegations" made by Mr Dunlop was last December. They had been investigating these claims since then.
On May 1st, 1992, Sen Lydon was addressing an audience of 200 people at the annual conference of the Irish Association of Corporate Treasurers in a hotel in Dún Laoghaire, Mr Ó Tuathail revealed.
Mr Dunlop told the tribunal last December that he met Sen Lydon on this day at the latter's place of work, St John of Gods in Stillorgan, at 3.30 p.m. The politician demanded £5,000 for signing a motion proposing the rezoning of the Paisley Park land at Carrickmines, Mr Dunlop alleged; a fee of £3,000 was eventually agreed.
However, Mr Ó Tuathail said yesterday that his client was at the conference all afternoon. Witnesses could be called to give evidence, if required.
Mr Dunlop has alleged that he paid the £3,000 to Sen Lydon on Monday morning, May 4th, 1992.
However, Mr Ó Tuathail said there was no way his client would have scheduled a meeting at this time.
As a psychologist with St John of Gods, Sen Lydon would have been busy on Monday mornings at meetings with department heads and then with ward rounds.
Earlier, Mr Dunlop defended his claim that he paid Sen Lydon the money, saying he had no other reason to have contact with the politician. Mr Dunlop said he didn't know Sen Lydon very well. He had never had a drink with him. He had never dined with him. He hadn't been to his house. The only circumstances in which he had dealings with Sen Lydon was in meeting him "in specific locations for specific purposes".
While there might appear to be contradictions or confusions arising from his evidence about payments to councillors, there was no basis for saying that he had reconstructed his memory to fit the facts, as Mr Ó Tuathail had claimed.
Mr Dunlop said: "I'm not a patient of his. But by the time all this is finished, we may all be patients of someone or other."
Mr Ó Tuathail accused the witness of changing his defence and of failing to give "full and frank" evidence. Mr Dunlop's figures were unreliable and he pleaded a total absence of memory when it suited him, counsel said.
According to Mr Ó Tuathail, the "general fund" Mr Dunlop claims he used to pay councillors was a "black hole" which was impossible to explain. Money went into the fund, it was claimed, but Mr Dunlop was unable to say for what purpose.
Mr Dunlop said that he wouldn't normally have "the desire or obligation" to travel to Sen Lydon's place of work in St John of Gods.
Mr Ó Tuathail pointed out that Mr Dunlop had made no mention of his client when he first listed payments he made to politicians for the tribunal in April 2000. He first identified Sen Lydon as someone he had made payments to several months later.
He accused the witness of naming his client as a recipient of money simply because Sen Lydon had signed the motion to rezone the Paisley Park land.
"You looked at the motion paper, saw my client's name on it and allocated £3,000 to him," he said.
The Irish Association of Corporate Treasurers declined to comment last night on the revelation at the tribunal. A spokeswoman said the association would co-operate fully with the tribunal if asked.
