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You can cream it if you're a Bailey
Michael Clifford



WHAT does it take to fall on the wrong side of the law around these parts? How hard do you have to kick the state in the teeth before a copper feels your collar and hauls you before a court?

If you're a pathetic junkie, a snatched handbag will most likely result in a stretch in the slammer. If, on the other hand, you're weighed down with money, it would appear that you can rob, cheat, lie and defraud with impunity and there's diddly squat anybody can do about it.

Take our old friend, Michael Bailey of Bovale Developments.

Ten days ago, Bailey and his brother Tom handed over 25m to the Revenue Commissioners.

This is the state's money which was misappropriated by the brothers over a number of years. Even allowing for penalties and interest, that's a hell of a lot of misappropriating.

Instead of having to account for it before the full rigours of the law, the Baileys simply passed over the money and sailed off to their next lucrative job. It's not as if the boys will have to stay in on Friday nights to make up for the shortfall in their coffers. In 2003, the last year for which Bovale filed detailed accounts, the brothers made a profit after tax of 55m.

The approach of the Revenue seems to have been similar to that of a friendly garda, telling a young fella to return the apples to the orchard and no more will be said about the matter.

If the brothers' prior record was comparable to that of an altar boy, there might be some method to the Revenue's madness.

Culturally, the taxman is primarily concerned with gathering as much money as possible with minimum fuss.

Twenty five million without delay or fat legal fees would, in that context, be regarded as a serious result.

Except these lads are no altar boys. Let's take Mick, for he has the dirtier bib. Judge Flood's tribunal found as a fact that he bribed a politician on one occasion and a public official on at least three. Ray Burke's palm was greased to the tune of £40,000 in May 1989, while George Redmond got between £16,000 and £20,000 on three occasions between January 1987 and July 1989. That was a lot of bobs back then.

These bribes were designed to corrupt the planning process at the expense of you, me and the schoolchildren you might meet on the street.

Amenities, the price of a home, social cohesion, traffic, the development of society, are all dependent on planning. All were undermined to fatten Mick's bank balance. He snatched not at handbags, but society's future wellbeing.

Flood also found that Mick Bailey attempted to obstruct and hinder the tribunal on a total of 13 occasions. This carry-on was designed to keep the bribes secret. It amounted to sticking up two fingers at the judge, the Oireachtas, the people, all of whom wanted to find out how democracy was being corrupted.

Most of the transgressions, the judge ruled, were rooted in "a failure to give a true account of" various items being inquired into. This is perjury, albeit on the balance of probabilities rather than the criminal standard of proof beyond a reasonable doubt.

Bailey has not been prosecuted in relation to any of these matters. Presumably, the DPP is of the opinion that he is unable to marshal sufficient proof for a prosecution.

Why is there no outcry about this? Where is the joined-up thinking among state agencies to protect us from people like Mick Bailey, and to ensure some semblance of equality before the law?

One answer might be found at the Galway Races next month. If form is anything to go by, Mickser and his many kindred spirits will be imbibing in the Fianna Fail tent. Therein, no doubt, he will be slapping Bertie's back, telling him what a great job he's doing.

And the Taoiseach of the country will issue his cuddly smile and extend his paw for financial tribute to the party, so that he can continue with the great job, keeping law and maintaining the type of order that ensures handbagsnatchers will pay for their crimes.




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