Mahon quizzing role of ex-AG in Bertie house deal
David Byrne has 'key' knowledge of purchase
Sunday September 09 2007
THE former Attorney-General and European Commissioner, David Byrne is emerging as a figure with crucial knowledge in the Mahon Tribunal's investigation of the Taoiseach's controversial purchase of his house, the Sunday Independent can reveal.
The Tribunal is investigating the roles played by Mr Byrne and two other lawyers during a short period in 1997 when Bertie Ahern decided to buy the house, before he was elected Taoiseach for the first time.
The other lawyers, David Anderson and Hugh O'Donnell were subsequently appointed District Court judges by Mr Ahern's Government.
Legal files relating to Mr Wall's initial purchase of the house at Beresford, Drumcondra in 1994 -- and his subsequent sale of it to Mr Ahern three years later -- are either entirely missing or incomplete.
The Taoiseach is scheduled to appear as a witness at the Tribunal on Thursday and Friday of this week.
Judges Anderson and O'Donnell are also listed to appear, but Mr Byrne is not.
The Sunday Independent understands that Judge Anderson has agreed with the Tribunal that the roles played by the lawyers involved in the transaction was "strange" and "incestuous."
The Tribunal is in communication with Mr Byrne in relation to knowledge he may have of the circumstances surrounding Mr Ahern's purchase of the house at Beresford in Drumcondra.
Mr Byrne became involved after the suicide of Mr Ahern's solicitor, Gerry Brennan in May, 1997.
The former AG's involvement followed a telephone call he received from the then Fianna Fail fundraiser, Des Richardson, shortly after Mr Brennan's death.
This conversation took place a month before Mr Byrne was appointed AG by Mr Ahern.
Mr Brennan had acted for the Manchester businessman, Michael Wall when he initially bought the house in 1994. Mr Brennan had also drafted Mr Wall's will, which stated his intention to leave the house to Mr Ahern.
Three weeks before Mr Brennan's untimely death, the Taoiseach had agreed with Mr Wall to continue renting the house from him. But that arrangement changed following the tragic death of his solicitor.
Following his conversation with Mr Richardson, Mr Byrne contacted his friend, David Anderson, then a solicitor, and with the approval of the Law Society, Mr Anderson took over the management and subsequent sale of Mr Brennan's practice.
Mr Byrne also contacted Mr O'Donnell with instructions that Mr Ahern wanted his files removed from the late Mr Brennan's office.
Mr O'Donnell approached Mr Anderson and, with the appropriate authority, took receipt of the Taoiseach's files.
Within a month Mr Anderson was retained by the Taoiseach to act for him on his purchase of the Drumcondra house from Mr Wall. Mr O'Donnell was retained by Mr Wall.
Mr Anderson was appointed a judge of the District Court in October, 1998 and Mr O'Donnell was appointed in November, 2004.
There is no doubt that Mr Byrne, Mr Anderson and Mr McDonnell were entirely suitable for advancement, irrespective of their closeness to Mr Ahern.
