In his second interim report the chairman of the planning tribunal at the time, Mr Justice Flood, found that the former minister, Mr Ray Burke, had solicited money from the impresario and promoter of Century Radio, Mr Oliver Barry, and that he had received a £35,000 payment, not as a political contribution but as a bribe.
"On Mr Barry's account of events Mr Burke had asked him for £30,000 as a contribution to the Fianna Fáil party and had specified that the payment should be made in cash.
"If such were the circumstances in which the payment came to be made, the tribunal considers that it was an improper demand and that it was an abuse of Mr Burke's position as a minister of government to have received the payment in those circumstances.
"The exercise of Mr Burke's ministerial functions to that date had involved him in making decisions which affected the commercial viability of a company with which he knew Mr Barry to be closely linked.
"It was clear that if Mr Burke were re-elected and again held that office he would continue to have a role in the affairs of Century. The tribunal considers that had such a request been made by the minister it would, in effect, have constituted a demand for payment which could not have been refused by Mr Barry given his company's on-going relationship with the Department of Communications".
The judge concluded that the "payment to Mr Burke was not made as a contribution towards election expenses in Dublin North but was made in response to his request for money at a time when the promoters believed that it would assist their private interests if the money was paid to Mr Burke as Mr Burke would act in Century's interests when performing his public duties both as the minister for communications and a member of the government".
Martin Wall