The Criminal Assets Bureau has refused to provide the planning tribunal with copies of documentation it seized from the home of the former assistant Dublin city and county manager, Mr George Redmond, last February.
Furnishing the information would "almost inevitably" prejudice the investigations by CAB and any trial that might follow, the tribunal was told by the chief bureau officer, Chief Supt Fachtna Murphy, yesterday.
He appeared on foot of an order commanding his presence which was issued by the tribunal last Tuesday.
Chief Supt Murphy brought copies of the documentation to the tribunal yesterday, but claimed privilege. The matter is to be the subject of substantive legal argument on Monday.
In a brief appearance in the witness-box, Chief Supt Murphy declined to say when CAB started its investigations into Mr Redmond, who was arrested as he returned from the Isle of Man by bureau detectives in mid-February. At the time, Mr Redmond was carrying £300,000 in cash and cheques.
Mr Justice Flood said he could not understand and declined to accept that the witness should claim privilege as to when CAB started its investigations. "That's absolutely ridiculous," he remarked.
Mr Felix McEnroy SC, for the tribunal, asked the witness what the basis was for his claim of privilege. Chief Supt Murphy said he did not intend to go further, as he was advised that to do so would compromise his claim of privilege.
Earlier, Mr McEnroy read from a series of letters between the tribunal and CAB concerning Mr Redmond. On January 26th, the tribunal ordered Mr Redmond to produce information about all his accounts in financial institutions in Ireland and elsewhere for the period January 1st, 1988 to December 31st, 1989.
On February 10th, Mr Redmond furnished a letter addressed to institutions in the Isle of Man requesting delivery to the tribunal of his account details.
On February 19th - the day on which Mr Redmond was arrested in Dublin Airport - the tribunal extended its order. It now sought information on all bank accounts held by Mr Redmond since 1970. In addition, it wanted details of all financial transactions involving him worth more than £2,500, as well as all bonds, share certificates, savings policies and other investments.
"It appeared to be a fact" that Mr Redmond was arrested by CAB officers on that day, Mr McEnroy noted. On the same day, CAB seized documentation in his possession.
Three days later, Mr Redmond told the tribunal the reason he had not complied with its orders was that he had gathered up all his documents to make an affidavit, but that these had been taken into possession by CAB.
Mr Redmond gave the tribunal a letter of consent to authorise CAB to release copies of the documentation. The tribunal wrote to CAB seeking this material.
On March 1st, Chief Supt Murphy replied that after consulting the Director of Public Prosecutions, Mr Eamonn Barnes, he believed it would not be appropriate to release the material.
The tribunal subsequently wrote seeking an explanation. In reply, Chief Supt Murphy repeated his refusal to supply the material, saying the investigations involved suspected criminal activity by more than one person.
In a later letter, he said that whether or not Mr Redmond consented to the documents being furnished to the tribunal was not relevant.
Last Tuesday, the tribunal wrote making the order directing Chief Supt Murphy to appear. Mr Justice Flood said he made the order with deep regret and in the public interest.
Following Chief Supt Murphy's appearance in the witness-box, the chairman asked lawyers for the tribunal and for CAB, as well as Mr James O'Reilly SC, for the public interest, to make outline submissions by Monday morning.
He told Mr Paul Butler SC, for the Garda Siochana/CAB, it was not necessary for Chief Supt Murphy to attend.
