This story was first published in the Irish Mail on Sunday newspaper on December 2, 2012.
By Michael O’Farrell
Investigtions Editor
Disgraced former taoiseach Bertie Ahern has gone into business with a tax defaulter who was forced to make a €1.6m settlement with the Revenue, the MoS can reveal.
Despite repeatedly castigating tax defaulters in the strongest terms throughout his political career, Mr Ahern has become a director and chairman of a company owned by one.
That company – Scientia Solar Ltd – is owned by several partners but the largest shareholder is 66-year-old businessman and developer Frank Smith.
Mr Smith is best known for having once owned the Submarine bar in Crumlin, west Dublin – which he has now sold to his son, Gary – and for having owned the Baggot Inn pub in Capel Street with former Ireland soccer manager Jack Charlton.
The Submarine attracted controversy last month for hosting a benefit night for the family of murdered RIRA thug Alan Ryan, which was attended by Glasgow Celtic and Ireland soccer star Anthony Stokes.
But in 2003 Mr Smith and his brother John made tax settlements of more than €5m after they were snared in the Revenue’s bogus non-resident accounts investigation.
Active: Bertie Ahern on his home turf in Drumcondra this week (photo credit Sean Dwyer)
John Smith made a settlement of €3.7m, of which €2.6m was interest and penalties, and Frank Smith made a settlement of €1.6m, of which €1m comprised interest and penalties.
At the time, the brothers had been in business together for 30 years and had become serious players in the property market as well as prominent publicans.
But more recently Frank Smith – who sold his 170-acre family residence and farm in Hazelhatch, on the border of Kildare and Dublin, for €90m in 2006 – has become an unlikely player in the Italian renewable energy sector… with the assistance of Mr Ahern.
Mr Smith’s company, Scientia Solar Ltd, was founded in 2009, a year before Mr Ahern joined as chairman in July 2010.
Mr Ahern’s decision to join a firm owned by such a massive tax defaulter is in stark contrast to his public stance on tax evasion.
‘You have to have a merciless view on this and I think people know my view for 20 years,’ he said on the occasion of the Revenue’s second tax amnesty in 1993.
‘It would actually give me the greatest of pleasure watching non-compliant tax payers going to jail. That’s the kind of person I am,’ he continued.
At the time, Mr Ahern was minister for finance and it would only emerge years later that he had himself that very year received £39,000 from various businessmen.
But now that he has been branded a liar by the Mahon Tribunal in relation to hundreds of thousands of euro that he received in questionable circumstances, Mr Ahern appears to have cast aside his dislike of tax cheats.
Little is known about what Mr Ahern’s involvement in Scientia Solar Ltd actually entails but he was listed as a delegate at a September 2010 conference hosted in Dezhou, China, by an organisation called the International Solar Cities Initiative.
Although Scientia Solar intends to invest in massive solar panel installations in several locations world-wide, the company has so far taken control of only three projects, all of them in Italy. Just one of these projects –in the southern Italian village of Mottola, south of Bari – is completed and has been connected to the national grid.
The Mottola project is run through a fully-owned Italian subsidiary called Maxone SRL, which lists Mr Smith and his son Gary as directors.
The accounts of this company reveal that the project is financed through a lease deal with Unicredit bank that is designed to profit from lucrative renewable energy subsidies and incentives on offer from the Italian government.
Last year, for example, Mr Smith’s Mottola project received €1.6m in direct incentives from the Italian government and a further €380,000 for selling electricity into the national grid.
But because of set-up costs, the enterprise is not yet profit making, despite the subsidies, with Scientia Solar’s Irish accounts posting expected losses of €1m between this year and next.
In his only known public comment on the company to date, in September 2010, Mr Ahern told a specialist Italian finance publication that Scientia Solar ‘believes in the rich potential of solar energy and will continue to invest to provide this alternative energy resource to the Italian population’.
He continued: ‘Projects like this are helping the EU to meet its targets for both renewable energy and the need for power with clean energy from the sun for private homes and businesses, reducing the amount of carbon we put into the atmosphere.’
The Italian renewable energy sector has boomed in recent years because the authorities there are offering the highest prices in Europe to producers of solar and wind energy. But precisely because of this, the sector is also rife with corruption as many criminals and mafia bosses – particularly in southern Italy – have sought to launder their money through renewable energy projects.
The problem is so extensive that in February, Italian police and revenue officials launched a joint investigation called Operation Eclissi (Eclipses) which resulted in 10 solar panel farms being seized and the owners arrested.
Dozens of other arrests have been made in the wind energy sector, with some mafia bosses now being nicknamed ‘lords of the wind’. But there are no concerns in relation to ÂScientia Solar and its owners.
The company did not respond to MoS questions this week about Mr Smith’s tax settlement and the amount paid to Mr Ahern as chairman and director. Scientia Solar Ltd was founded by Frank Smith and seven other investors –including his son Gary – in October 2009.
Early investors included Ian Lawrie, a co-founder of fund manager Liberty Asset Management who sold that company to Friends First five years ago.
Another was Northern Irish developer Ivor Dougan who, along with Gary Smith, got into a multi-million-euro dispute with NAMA developer Bernard ÂMcNamara in 2010 over plans to develop a shopping centre beside the Westbury Hotel in Grafton Street.
Mr Lawrie resigned from Scientia Solar Ltd in August and Mr Dougan stepped aside in November, although he still retains an ownership stake.
Other investors include estate agent Brendan Byrne and businessmen Colm Kileen and Aidan McDonnell.
But from the start, Mr Smith was and has remained the majority shareholder although he only became a director in January this year.
Last month, he converted a €2.6m loan to the company into preference shares and his son did likewise with a €349,915 loan.
Neither the Dublin office number nor the London office number of Scientia Solar Ltd appeared to be working this week.
But when the MoS called former director Ian Lawrie on his mobile he was in Poland and said that we could reach Frank Smith through the general company email.
Questions were then mailed to this general email account as well as to the company email account of Gary Smith. The general mail account did not appear to work and the message could not be delivered. But the message to Gary Smith was successfully delivered and opened.
Mr Ahern was also emailed at his Dublin office with a set of questions about his involvement. Separately, Mr Ahern was asked, as chairman of the company, to forward our request to his fellow board member Frank Smith.
Mr Ahern’s secretary replied to say that his trip to the solar energy event in China had not been on behalf of Scientia Solar.
ENDS
POSTSCRIPT – Bertie Ahern resigned as a board member of  Scientia Solar Ltd shortly after this article was published.