The Flood tribunal is to return an affidavit submitted by the former Government press secretary, Mr P.J. Mara, on the basis that it is not in the format sought by the tribunal.
Mr Mara, who is to be called as a witness shortly in connection with the tribunal's hearings on Century Radio, filed the affidavit and accompanying documents last Friday. This was a day after the expiry of an order by Mr Justice Flood for him to supply details of his financial records dating back to 1988.
The co-founder of Century, Mr James Stafford, has alleged that Mr Mara and the minister for communications, Mr Ray Burke, operated a "price-list" for the award of commercial broadcasting licences. Mr Mara and Mr Burke deny the allegation, which Mr Stafford says is "hearsay".
Mr Pat Hanratty SC, for the tribunal, said the affidavit did not comply with the rules of the superior courts. Mr Justice Flood put the matter back for mention until next Wednesday. The order against Mr Mara requires him to provide all documents and records relating to his accounts, as well as details of any interest in or payments from companies involved in broadcasting.
Meanwhile, a former RTE executive has told the tribunal he was out of the country at a time it was alleged he was given money by the co-founder of Century, Mr Oliver Barry.
Mr John McGrath, who worked in RTE between 1968 and 1996, said he was on holiday when Mr Barry alleges he paid £5,000 to Mr McGrath and/or another RTE executive, Mr Peter Brannigan. The money was given to fund parties for RTE transmission staff who had worked overtime to help get Century's signal on air.
Mr Brannigan has told the tribunal he alone received £1,600 to £1,700 from Mr Barry. Yesterday Mr McGrath said Mr Brannigan asked him to organise drinks for the staff involved in the Century work. He was given about £1,000, which he used to hold a number of "impromptu gatherings" for staff.
Mr McGrath said he was never present when Mr Barry handed over money. He was on holiday between August 20th and September 3rd, 1989; Mr Barry withdrew the money for the functions on August 27th. The witness said he did attend a meal organised by Mr Barry to mark the Century launch.