The Garda Commissioner has said his officers have begun their examination of the Flood tribunal's interim report into planning corruption.
Commissioner Mr Pat Byrne said contact had been made with the Director of Public Prosecutions in relation to the findings of the report. On the publication of the report last week, Mr Justice Flood sent copies to the Garda, the DPP and the Criminal Assets Bureau, the Revenue Commissioners and the Office of Corporate Enforcement.
The report found that former minister Mr Ray Burke had received corrupt payments from at least three builders and a radio station promoter. In some cases, it does not state what Mr Burke did in return for receiving the corrupt payment. To sustain a criminal charge, the DPP and the Garda would have to ascertain what was done and find witnesses willing to testify in court.
Witnesses can be compelled to give evidence to a tribunal but they can not be compelled to do so in a criminal trial.
The report also found that former minister Mr Ray Burke and 14 other people had "hindered and obstructed" the tribunal's work. This offence is punishable by a fine of up to €12,700 and/or two years' imprisonment. Gardaí and the DPP would have to show that the people concerned lied to the tribunal. However, previous attempts to prosecute people in this way have been frustrated. Charles Haughey successfully claimed that he could not get a fair trial because of adverse media publicity. George Redmond is also making this case in the High Court later this month.
