The auditor of Grafton Construction Ltd told the tribunal how the company had to repay £12,000 to the Revenue Commissioners for tax relief claimed in error, when the £30,000 payment to Mr Ray Burke had been designated by him as "enhancement expenditure" to do with lands.
When he became aware of the error, said Mr John Bates, after the matter was in the public domain, he immediately re-checked the accounts and advised the company's directors accordingly (political donations do not qualify for tax relief). The tax shortfall was repaid to the Revenue in September 1997.
Mr Bates was being examined by Mr Des O'Neill SC, for the tribunal, who asked him where the information had come from that this item in the books of the Murphy land company was attributable to enhancement expenditure for lands.
Mr O'Neill referred him to a document which "dealt with certain matters" under the heading `enhanced expenditure'. One item referred to "land at Poppin tree - £65,273" and a second, for £30,000, was for cash. A total of £95,273 had been recorded under the heading "enhancement expenditure". How was the £30,000 attributable, counsel asked.
Mr Bates conceded he had seen a cash-flow statement prepared by Mr Tim O'Keeffe from the accountancy firm, Copsey Murray, which included an item for £80,258, and designated "Planning permission - JMSE".
On the line below was an item for £30,000 which also said "JMSE", but it was not clear what it was for. This statement was not part of his working papers, he insisted, although a copy had been included among the papers from his office furnished to the tribunal.
He had not got in touch with Mr James Gogarty, whom he would normally have contacted to clarify such matters, he said, because of difficulties that had arisen arose in their relationship.
His previous good working relationship with Mr Gogarty had become strained because of the former JMSE chairman's "aggressive and threatening" behaviour on the phone when he alleged the auditor's son had been "blackguarding" his son.
"I felt I could not contact Mr Gogarty." In any event, Mr Gogarty resigned from JMSE in 1989 and he understood there was a dispute between the former chairman and the Murphys "over ESB money and his pension ".
He had contacted Copsey Murray as they had been responsible for the accounting procedures within the Murphy companies, but had ceased to work for the Murphys in August 1990. He was "chary wary" of contacting them, he said, because he felt that relations between the accountancy firm and the Murphys had soured - probably to do with fees.
He did not speak to Mr Roger Copsey, the former financial director of the Murphy companies, but was told - he did not know by whom - the £30,000 in the Grafton books probably referred to "auctioneers' or finders' fees".
He could not accept that, said the auditor, and reasoned that since Grafton Construction was a dormant company with no stock other than land, the item must have something to do with enhancing the asset value of land.
This argument was strengthened by the fact the expense item for £65,273 listed in the Grafton books was for the acquisition of lands at Poppintree, "which clearly enhanced the value of the surrounding land", also owned by the company. "It never occurred to me that the money was paid to a politician."
From an audit viewpoint, there was no problem accounting for the £30,000 in the JMSE books where it was treated as an intercompany loan from Grafton. Counsel sought clarification from Mr Bates as to whom he had spoken at Copsey Murray. "You seem clear you never spoke to Tim O'Keeffe?"
"No, I said I never spoke to Roger Copsey" responded Mr Bates. Asked by Mr O'Neill did he believe his conversation was with Mr O'Keeffe, he said: "That is difficult because I understand Mr O'Keeffe says it wasn't. I spoke to someone. I would have thought it was Mr O'Keeffe. It might have been someone else."
Mr Brian O'Moore SC, for Mr Gogarty, challenged the auditor's treatment of the £30,000 as `enhancement expenditure'. "The division of the £30,000 under this heading was an effort to bury it in the accounts," he asserted.
This was strongly rejected by Mr Bates, who earlier clarified he had informed JMSE accountant Mr John Maher, the managing director Mr Frank Reynolds and Mr Joseph Murphy jnr he had found an "unvouched" expense in the books.