Deputy told fraud squad of allegations about JMSE

Mr Tommy Broughan, a Labour TD, said he contacted the fraud squad about allegations Mr James Gogarty had made about Joseph Murphy…

Mr Tommy Broughan, a Labour TD, said he contacted the fraud squad about allegations Mr James Gogarty had made about Joseph Murphy Structural Engineering.

Mr Broughan, a TD for Dublin North East and a city councillor for Artane, said he first met Mr Gogarty in 1995 after he had phoned him on May 19th that year and given him a brief indication of his concerns.

They met on May 25th at his clinic in the Marine Hotel. Mr Gogarty outlined his remarkable career up to the 1980s and made allegations of fraud.

Mr Gogarty said he felt isolated on the JMSE board by Mr Liam Conroy. Mr Gogarty referred problems to Mr Joseph Murphy snr and, Mr Broughan said, Mr Gogarty's major problem was trying to access pension rights. The basic allegation in relation to this was that Mr Gogarty told him he was asked to sign a fraudulent set of accounts.

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Mr John Gallagher SC, for the tribunal, asked what contact he had had with the former detective chief superintendent, Mr Tony McMahon. Mr Broughan said Mr Gogarty referred to an incident at Moneypoint and referred to the detective then. Mr Gogarty had said that in October 1991 shots had been fired at his home in Sutton.

"Mr Gogarty was always extremely courteous and supportive of my representations on his behalf as a TD but he seemed to be extremely fearful for the safety of himself and his family," said Mr Broughan. He had observed this on more than one occasion.

Asked if Mr Gogarty told him that in 1994 he had received intimidating telephone calls, Mr Broughan said there had been three calls with heavy breathing on one night, for example, and that the squad car had arrived. Mr Gogarty told him the gardai had been very good and Det Sgt Bernard Sherry had contacted Mr Joseph Murphy jnr in London.

"Given his remarkable career, that he had been a garda, that he had studied part-time and had managed a large company, I felt that his allegations should be taken seriously and try and ensure at the highest level that he and his family should be safe," Mr Broughan said.

Following that meeting with Mr Gogarty, he contacted the Garda i and eventually put down a written question to the minister for justice.

He then met Mr Gogarty on June 15th, 1995, and Mr Gogarty referred to Lajos and he alleged there had been fraud by the Revenue of £80,000. He said his car had been attacked in 1994.

"The bottom line was that Mr Gogarty was upset that Mr Murphy jnr was not prosecuted and he made an allegation that Mr Murphy was evading the service and summons and showed me legal correspondence," said Mr Broug han. He had further contacts with Mr Gogarty during July and August 1995.

He heard from Mr Gogarty again on December 29th, 1995, when Mr Gogarty again outlined his chief concerns and referred to the issue of immunity, viz if he was assured of his personal safety, he would give sworn testimony.

Mr Broughan had a lengthy discussion with Insp Michael Finn in April 1996, who explained it would be extremely difficult to prosecute the alleged intimidation by phone of Mr Gogarty.

In April 1996 Mr Broughan met Mr Gogarty and Mr Frank Connolly, a Sunday Business Post journalist, in the Dail visitors' bar, and they went over Mr Gogarty's concerns.

"My undertaking was to contact the fraud squad, the National Bureau of Fraud Investigation, on his behalf," he said. In April 1996, having phoned the fraud squad, he wrote a letter to Supt William McGee in which he asked him to interview Mr Gogarty, who had made very serious allegations about a company, and there seemed to be a prima facie case to answer. It might merit referral to the DPP and Mr Gogarty was available for interview.

Mr Broughan said he received an acknowledgment from the superintendent, who referred the matter to the chief superintendent for Area North, and Supt Jack Bean was asked to handle the investigation.

The next meeting with Mr Gogarty was in September 1996. Mr Gogarty asked him to check with Supt Bean.

There was a reference in the newspaper to JMSE in relation to the construction of part of Sellafield. "We felt it was ironic in view of the fact that a lot of Sellafield had been built in Santry," he said.