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mutating college assignment

The Gallery

Public Gallery at the Mahon Tribunal, December 21st 2007
The second day of questioning of the Taoiseach was attended by the usual suspects.In the hotseat, Bertie Ahern Irish Taoiseach extraordinaire, arguably the most successful politician in the history of the Irish state (It’s him and Dev they say).The Judges Three, Mahon, Keyes and Faherty, whom we all acknowledge by standing when they enter or leave the room.

A press gallery, swollen to capacity and flanking both sides of proceedings.

Pride of place, and with a central view on proceedings be the public gallery, therin populated by some 200 souls, citizens all, for whom this ‘urgent public inquiry’ grants audience.

Questioning of Mr. Ahern is preceded by a statement by the Tribunal Chairman, Judge Alan Mahon. He rejects accusations made by Bertie Ahern’s legal team yesterday, that his client’s rights were being violated. Bertie’s barrister McGuire SC reiterates the statement; Judge Keyes, angrily interjects upon Bertie’s defense saying, the barrister’s objections were inaccurate and offensive to the Tribunal.

After the ’shouting match’ has subsided, questioning of Mr. Ahern proceeds. O’Neill SC guides Mr. Ahern through alleged sums he received from various friends and associates in the 90s.

One member of the Tribunal of whom I am acquainted, Mrs. E., enthusiastically follows the Taoiseach’s explanations concerning money he received. Her skills as an accountant became apparent. Her interests follow the tax liability of the sums, sometimes significant, Mr. Ahern received. Were they tax liable? If so, has he fully accounted for his tax returns?

Public gallery in the Mahon Tribunal, December 20th 2007There was an air of expectation rippling through the public gallery today. Mary, to my right had gotten the train up from Cork, another woman had taken the morning off work.People, excitedly talk to their neighbours, it’s infectious and I point out the media personalities.”There’s Dobbo, Brian.”"Who?”"Dobbo, you know Brian Dobson.”"Oh.”We smile at the RTE 1 anchorman, he looks at the floor awkwardly as he passes on his way to the toilet.I point out the news celebs, to the girl sitting in front. She’s clearly enjoying herself.The Tribunal’s staff file in. Ushers, Senior Counsel Murphy – Gun metal grey hair, Des O’Neill the Tribunal’s big gun walks in with a strident pace, new suit, sharp.10:29, Bertie’s entourage enters, PA in attendance.”All rise.” Calls the usher.

We stand. When Mahon, Faherty and Keyes sit, we sit.
We watch.

O’Neill: The reason you are here Mr. Ahern is in relation to a statement by Tom Gilmartin that Owen O’Callaghan had paid you sums of 50,000 and 30,000 between 1989 and 1992. Allegations which you have denied at all times, isn’t that so?

Ahern: Correct.

Mr. Ahern is hunched forward, a monitor hides his face from the gallery.

O’Neill: And in the course of our inquiries it became apparent that you had not operated any bank accounts between the years 1987 and 1993, isn’t that so?

Ahern: That’s so.

The press is dressed differently today. One woman is sporting brand new golden pumps. Charlie Bird has his swirly pink tie on. The Daily Mail reporter, looks dapper. Ursula Halligan’s hair is askew. Vincent Browne arrives late and takes his usual place in the press/public gallery. That gallery affords a good view of the screen and Bertie’s face.

O’Neill: And it became apparent in the course of that, that when you first started using a bank account, the lodgements to your account represented a proportion of approximately three times your net income at the time, isn’t that so?

Ahern: That’s correct.

O’Neill: Can you tell us Mr. Ahern why you did not open your own accounts. You were receiving three separate streams of income. One as TD, one as a minister and one as Lord Mayor of Dublin?

Ahern: Well put it this way, there was no reason I should.

O’Neill: Don’t you find it strange that you trained as an accountant yet you had no accounts?

Ahern: No.

Bertie Ahern smallAfter lunch, the woman from Cork, weighed down with Xmas shopping bags returned to her seat. Dave the young trainee barrister from Kings Inns sat next to me. He’s quiet, contemplative. Doesn’t say much.

We are all gathered when Bertie returns, he has an air about him. As he walks across to his PA and legal posse he opens up his face in a look to the gallery, he is clearly expecting to see someone.

The seconds tick by; he doesn’t find who he’s looking for. His face slips slightly. He glances a smile wink at no one and turns to his PA. She is a formidable looking woman (note to self, get her name).

Just before the hearing begins, the girl in front, a tidy package, turns and says:“There’s something about Bertie. Your heart just goes out to him.”

A group of businessmen in dark coats, scarves covering their silk ties troop in.

El Bertorino doesn’t see them as he takes the hot seat.

 

They begin by calling a photocopy onto the screens.

It is a document creating a special savings account (the forerunners to the SSIA) with AIB.

Tribunal techie staff enlarge the signature at the bottom of the photocopy.

It is Bertie’s.

 

Tribunal techie staff enlarge the signature at the bottom of the photocopy.

It is Bertie’s.

Next to it is a date which has been interfered with.

Forensic analysis by Ms Elizabeth Barrett confirmed “There is strong evidence that the original date on the AIB bank form read “14th of December 1993”.

The date superimposed over it is the 23rd of December.

The implication, which O’Neill SC pursues like nemesis, is that two weeks prior to Bertie’s dig-out loans. The Taoiseach opened a Special Savings Account.

So where was the Taoiseach on the 14th?

Bertie’s legal team call for the Taoiseach’s diary which appears large on the screens.

His day was all booked up, meetings, the Dail, government stuff.

Diamond eyes O’Neill kept on the money trail;

“Mr. Ahern, on the day that you took out the loan for 19,115.97 you had available to you undisputedly 54,000 pounds. On that point we’re agreed.”

Ahern: We’re not Mr. O’Neill

O’Neill: Tell me where the 54,000 was then.

Ahern: I had a commitment to my wife and my children to put 20,000 pounds into their account. It wasn’t available to me.

O’Neill: It was available to you, until the 8th of August.

Ahern: No it wasn’t. I had a commitment to my daughters. I had saved it since 1987 through the whole period of my separation which I don’t think is any of your damn business. I saved it!

The Taoiseach’s barrister, big fella McGuire’s microphone stand glows red more consistently as the cross-examination continues,

“I really must object to this line of questioning.”

Both galleries crane their necks,

“This is clearly a breach of the witness’, of the Taoiseach’s constitutional rights to fair procedures.”

“What the Tribunal has created is an elaborate hypothesis. It is fanciful.”

A man in dress clothing, an off-duty legal eagle asks me what is going on.

“Bertie’s barrister is objecting to the scenario, he’s calling it an hypothosis.”

The legal says,

“They’re afraid they’ll be found out.”

I nod and smile.

There is a conspiratorial air to the public gallery. Sometimes neighbours turn to each other. Comically agog. Whispers echo across the nodding heads like wind across a field of barley.

The legal argument continues. Bertie leans back in his chair, so the gallery can see him, his chin sinks into his chest. Bertie’s defeated look.

A staunch Fianna Fail woman whispers loudly to a nice woman on my right, the nice woman’s eyes droop in tired dismissal as she looks back at the stand.

Bertie’s up and smiling.

When Des O’Neill SC leaves the Tribunal building he gets a polite applause.

As Bertie leaves the Tribunal, part of the crowd boos, part applauds.

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