3 4 CHAIRMAN: Good morning Mr. O'Neill. 5 - The Tribunal of ...

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221 this development as a sustainable development that could be carried out at no2 cost to the local authority. In fact, I had a two-page brochure, A4 size,3 prepared which I circulated to all the councillors outlining the merits of it.4 Now, admittedly merits from my point of view, and highlighting the advantages5 of the location, all the amenities it was beside.6 Q. 107 Was this a document you circulated after you'd acquired the land or was it in7 advance of your acquisition by contract in --8 A. Afterwards.9 Q. 108 Sorry, it was afterwards?10 A. Yeah.11 Q. 109 I'm just trying to fix your frame of mind before you actually committed12 yourself to the contract of paying out 110,000 pounds. At that time had you13 carried out any preliminary inquiries or investigations with elected14 representatives to establish what the attitude of the councillors themselves15 would be to a proposal that this 55 acres would be rezoned for residential16 house. Did you have any form of a straw poll or did you consult party17 colleagues or that before you did so?18 A. I would say I spoke to a few. But I just don't remember who I would have19 spoken to --20 Q. 110 Uh-huh.21 A. -- in particular. I was optimistic because I was aware of the fact that many22 material contraventions had been passed by that council. And I was of the23 opinion that they were pro development all things being equal. By that I mean24 that if the proposed development was continuous with and continuous with25 suburbia rather than being disjointed. I could see the merits of it.26 Q. 111 Right. Did you believe that the task that would face you in the event that27 you acquired these lands, the task of achieving its rezoning would be a28 difficult task?29 A. I was conscious of the fact it wasn't going to be easy. Now, what one of the30 factors in that would be this, being quite honest about it, would be DeputyPremier Captioning & Realtime Limitedwww.pcr.ie Day 564
231 Lawlor lived beside it. And I was very conscious that some public2 representatives, of all parties, his own included, would not be anxious to do3 anything to facilitate him or his adjoining lands. I knew that.4 Q. 112 Obviously then it would follow that any apparent connection between yourself5 and Mr. Lawlor would, I think somebody described it having the kiss of death on6 this project; isn't that right?7 A. I did, I used those words.8 Q. 113 Is that right?9 A. And I am fairly certain of that/very certain.10 Q. 114 But I take it that of all the possible developers or certainly of the two11 proposed developers of this land at the time. And by proposed I mean the two12 that were being considered by the vendors, one of whom was Mr. Michael Bailey13 and the other was yourself. You were by far the person who was least likely14 to be associated with Mr. Lawlor because of your known political standing as a15 very active Fine Gael supporter at that time; isn't that right?16 A. That is right.17 Q. 115 Right. Now, of the persons who you may have discussed the matter with before18 you committed yourself to paying the monies of Mr. Rennicks over, did you19 discuss it with Mr. Lawlor to see what his attitude would be an, as you say, an20 elected local representative, and as a person whose land adjoined these lands,21 albeit divided by the Newcastle Road?22 A. I'm very certain and sure that I did not discuss it with him prior to signing23 the contract.24 Q. 116 Right. When you decided to acquire the land, apparently you, at the same25 time, set about endeavouring to establish what your sources of finance would be26 for it; isn't that right? We discussed this earlier. That you approached, in27 the first instance, CFI Limited?28 A. Yes.29 Q. 117 And the members of that firm to see whether or not they would be prepared to30 act as the financiers of the project, by that I mean to assemble a group ofPremier Captioning & Realtime Limitedwww.pcr.ie Day 564
Page 1 and 2: 11 THE TRIBUNAL RESUMED AS FOLLOWS
Page 3 and 4: 31 of October 1994 where you say, "
Page 5 and 6: 51 to you that you had been involve
Page 7 and 8: 71 A. Could I see it again, please?
Page 9 and 10: 91 Mr. Goodman out of his just dese
Page 11 and 12: 111 A. Well I'm just not too sure a
Page 13: 131 Q. 62 Yes.2 A. And that it woul
Page 17 and 18: 171 20 pounds in fees to the land r
Page 19 and 20: 191 Q. 91 Are you saying there was
Page 21: 211 lands?2 A. The plan forward was
Page 25 and 26: 251 advancing his claim to recover
Page 27 and 28: 271 Q. 133 And as much as can be in
Page 29 and 30: 291 second or third time I discusse
Page 31 and 32: 311 meeting. But he actually told m
Page 33 and 34: 331 Q. 174 Right. And did he indica
Page 35 and 36: 351 Holdings being the company whic
Page 37 and 38: 371 MR. O'NEILL: Mr. Tiernan, pleas
Page 39 and 40: 391 preferences were clearly Fine G
Page 41 and 42: 411 A. I don't remember it now.2 Q.
Page 43 and 44: 431 motion and we'll see that once
Page 45 and 46: 451 excluded the house and its amen
Page 47 and 48: 471 Council in relation to possible
Page 49 and 50: 491 Esker parish which already has
Page 51 and 52: 511 order was made as required by l
Page 53 and 54: 531 Applicant has not provided suff
Page 55 and 56: 551 A. Very negative report.2 Q. 26
Page 57 and 58: 571 And then it goes on to say that
Page 59 and 60: 591 Q. 276 So that Mr. O'Connor's b
Page 61 and 62: 611 THE TRIBUNAL RESUMED AS FOLLOWS
Page 63 and 64: 631 to the zoning and infrastructur
Page 65 and 66: 651 the application in its entirety
Page 67 and 68: 671 A. Yes, okay. I didn't read it
Page 69 and 70: 691 Now, could I suggest to you tha
Page 71 and 72: 711 A. I might have attended some o
Page 73 and 74:
731 since consideration of the abov
Page 75 and 76:
751 illustrate a concern which was
Page 77 and 78:
771 unreasonable and perverse to be
Page 79 and 80:
791 Q. 332 That was granted subject
Page 81 and 82:
811 isn't that right?2 A. I know we
Page 83 and 84:
831 Mr. Caldwell about the possible
Page 85 and 86:
851 interest. I accept that I know
Page 87 and 88:
871 I don't recall most of them.2 Q
Page 89 and 90:
891 you'd faxed this document, refe
Page 91 and 92:
911 hearing was to go on and to pre
Page 93 and 94:
931 pessimistic view which you expr
Page 95 and 96:
951 encouraged you to the belief th
Page 97 and 98:
971 Q. 418 So it's possible --2 A.
Page 99 and 100:
991 no matter what the value had be
Page 101 and 102:
1011 were under pressure on 25th?2
Page 103 and 104:
1031 Q. 464 You say that eventually
Page 105 and 106:
1051 A. No, Your Honour. My concern
Page 107 and 108:
1071 A. No, I didn't, genuinely, Yo
Page 109 and 110:
1091 Stenclas Kenny and Partners an
Page 111 and 112:
1111 A. I would have had dealings w
Page 113 and 114:
1131 A. That I'm not a hundred perc
Page 115 and 116:
1151 filling station, shops, medica
Page 117 and 118:
1171 drawn up for Finnstown Homes w
Page 119 and 120:
11912 MR. O'NEILL: I know that Mr.
Page 121 and 122:
1211 A. Yeah.2 Q. 539 And again, th
Page 123 and 124:
1231 as Coolamber.2 Q. 553 When you
Page 125 and 126:
1251 Q. 564 Would it have been your
Page 127 and 128:
1271 A. Yeah, the 1985 permission.2
Page 129 and 130:
1291 discussions with Gerry Kinley.
Page 131 and 132:
1311 invoice for land solely to do
Page 133 and 134:
1331 confirmation of most jobs you
Page 135 and 136:
1351 your letter to Mr. Kennedy, th
Page 137 and 138:
1371 involved in the Coolamber land
Page 139:
13912 JUDGE FAHERTY: You said you k
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3 4 CHAIRMAN: Good morning Mr. O'Neill. 5 - The Tribunal of ...

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