A former executive with estate agents Sherry FitzGerald, Mr Killian O'Higgins, was told in 1995 by Mr Mark FitzGerald that he, Mr FitzGerald, had been the subject of an improper approach from Mr Michael Lowry concerning an office block owned by Mr Ben Dunne.
Mr O'Higgins, who now works with DTZ International in London, said that in early 1995 he was approached by Mr FitzGerald in his office in Merrion Road, Dublin. He said Mr FitzGerald told him that the then minister, Mr Lowry, had approached him seeking to influence the outcome of a rent review arbitration process then under way.
Mr FitzGerald identified the premises involved as being on Marlborough Street, Dublin, the tenant as being Telecom Éireann, and the landlord as being Mr Dunne. He told Mr O'Higgins that Mr Dunne was hoping to raise the rent to £10 per square foot.
As he was involved in commercial property Mr O'Higgins said he knew the building and that £10 would be double the existing rent paid for it. He said he was surprised at the approach by Mr Lowry.
Mr O'Higgins said that he and Mr FitzGerald discussed whether they should inform the arbitrator, Mr Gordon Gill, about the approach. Mr Gill also worked for Sherry FitzGerald. They decided they would not tell anyone about the matter while the arbitration was still under way.
In June of 1995, after the arbitration, Mr Gill told Mr O'Higgins that he had now been informed by Mr FitzGerald of the approach and of the fact that he had discussed it with Mr O'Higgins. He said he and Mr Gill discussed how it was inappropriate for the minister to make such an approach.
The former general secretary of Fine Gael, Mr Jim Miley, said he had no recollection of a conversation with Mr FitzGerald in 1995 concerning the suitability of accepting political contributions from Mr Denis O'Brien.
Mr FitzGerald has told the tribunal that he had concerns in October 1995 about Mr O'Brien making a series of contributions to the party against the background of his seeking a mobile phone licence from the State.
Mr Miley was appointed general secretary of Fine Gael in July 1995. He said he could recall a meeting with Mr FitzGerald over lunch not long after his appointment but could not recall Mr FitzGerald raising the issue of Mr O'Brien. He said he had a general recollection of Mr FitzGerald being a strong advocate of the need for the highest levels of propriety.
Mr Miley said he had a recollection of having a brief conversation with Mr O'Brien at what was called the Garret FitzGerald lunch in the Dublin South East constituency. He said up to 300 people could have been at the lunch. He could not recall if the late Mr David Austin, a Fine Gael supporter and fund-raiser, had been at the lunch.
Mr O'Brien and Esat made a number of contributions to Fine Gael around this period, including towards the 1997 general election fund, Mr Miley said.
He said that Esat Telecom requested that there be no signage at the 17th hole, which it sponsored during the 1995 Golf Classic. He said three other sponsors made similar requests.
Mr Miley said he could recall Mr FitzGerald mentioning Esat in the 1996/1997 period.
