The tribunal established to inquire into certain land rezoning transactions in Co Dublin has already begun to issue orders for the discovery of documents to assist in its investigation, The Irish Times has learned.
Further orders for discovery are expected to be served this month on people who have information which the tribunal believes relevant to its terms of reference. This may include bank accounts, which the tribunal can requisition without reference to account-holders.
Under new powers, anyone who refuses to co-operate can be charged with a criminal offence if they obstruct the work of the tribunal or knowingly provide information, on foot of an order for discovery, which turns out to be misleading or incomplete.
It is understood that the Planning tribunal, which is chaired by Mr Justice Feargus Flood, has decided to follow the successful example of the Dunnes Payments Tribunal, which was headed by Mr Justice McCracken, in pursuing the "money trail".
One of the issues to be determined is whether the former minister, Mr Ray Burke, received £30,000 as he maintains or £80,000, as alleged by his chief accuser, Mr Joseph Gogarty, at a meeting in 1989 attended by Mr Michael Bailey, of Bovale Developments.
Mr Gogarty was then managing director of Joseph Murphy Structural Engineering Ltd, of Santry, Dublin. Within days, Mr Bailey wrote to him offering to "procure" favourable decisions by Dublin County Council on four parcels of land owned by JMSE.
Mr Burke maintains the £30,000 was a political contribution made during the 1989 general election campaign, and that he passed on a portion of it to Fianna Fail. He is also suing Mr Gogarty for defamation over his allegation that the sum involved was £80,000. ail as somewhat restrictive, it is understood that Mr Justice Flood is determined to use the powers at his disposal to get to the root of the matters for investigation.
He has personally chosen the tribunal's leading barristers, Mr John Gallagher SC and Mr Pat Hanratty SC, to conduct in the first instance the required preliminary examination to determine if there is prima facie evidence before proceeding with public hearings. Next Wednesday, the tribunal will hold its first formal session at Dublin Castle to hear applications for legal representation. It is expected such applications will be made on behalf of Bovale Developments, JMSE and, in all probability, Mr Burke and Mr Gogarty.
Donnelly Neary and Donnelly, the Newry solicitors handling a £10,000 reward offer for information leading to the conviction of anyone for land rezoning corruption, are expected to co-operate with the inquiry by producing relevant information in their possession.
One potentially complicating factor is that Donnelly Neary and Donnelly have been retained by Mr Gogarty to represent him in defending the libel action by Mr Burke. However, it is not thought that this will impede their ability to co-operate.
The tribunal started work last month with barristers sifting through newspaper reports and other documentation.
In newspaper advertisements last month, the tribunal invited anyone with information which might assist its work to come forward, in the interests of conducting a comprehensive inquiry. All relevant avenues are expected to be fully explored by the tribunal.
