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

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341 Q. 181 Right. Did you raise it at all with him in any of the discussions that you2 had?3 A. I did not ask him if he had an involvement in Southfield at the time.4 Q. 182 Okay. Did Mr. Lawlor indicate --5 A. Now, it should also be said that the drainage that was put in by me could have6 drained other lands, apart from Lawlor's.7 Q. 183 Yes. You mean lands --8 A. Exclude Lawlor's.9 Q. 184 Are you talking about lands to the west or are you talking about lands to the10 east?11 A. His lands, his 30 acres are not the only 30 acres that could go into it.12 Q. 185 I'm sorry.13 A. Now, I accept that it would make more sense, the adjoining lands which is his,14 to go into it first and not bypass his. But it would be a possibility.15 Q. 186 Would they be --16 A. Foolish and all as it sounds.17 Q. 187 Would they be the Airlie Stud lands or the Stassen lands?18 A. No, it would have to be north of, it would have to be south.19 Q. 188 South again?20 A. Yes, because I think that --21 Q. 189 If you go south --22 A. West and north is falling away.23 Q. 190 South of you is the railway track.24 A. Towards the railway.25 Q. 191 The entitlement of course of anybody to get into the infrastructure was one26 which was dependent upon persons other than yourself, in other words the27 vendors, giving consent to drain whatever the lands were?28 A. Correct.29 Q. 192 Insofar as you had any ongoing discussion recently with Mr. Lawlor as you30 mentioned yesterday in connection with the Valley Holdings situation, ValleyPremier Captioning & Realtime Limitedwww.pcr.ie Day 564
351 Holdings being the company which now owns the infrastructure. You remember2 telling us yesterday that you spoke with Mr. Lawlor, probably at the beginning3 of last year when he discussed with you what the position was as regards the4 infrastructure under Coolamber. He asked you, you say, whether or not it had5 been taken in charge yet. You remember that?6 A. Yes, I did say that and it did happen.7 Q. 193 Right.8 A. In fact, those services are in charge.9 Q. 194 They are in charge?10 A. They're in the charge of the County Council.11 Q. 195 Yes. Was that by way of an assignment, do you know?12 A. Well it's whatever the standard procedure is. I'm unsure now of the13 terminology.14 Q. 196 Right. But you weren't a party to it because you didn't own --15 A. I was, yes, a party to it.16 Q. 197 Were you?17 A. Yes.18 Q. 198 On what basis was the pipe work infrastructure, as far as we know is owned by19 Valley Holdings Limited --20 A. Well I was the developer of the lands.21 Q. 199 Yes.22 A. And requested the local authority to take the estate in charge.23 Q. 200 But you didn't own the infrastructure that you're asking them to take into24 charge. You owned the roads, is it the roads that you're saying they took in25 charge?26 A. Well as far as I'm concerned the whole development is in charge.27 Q. 201 Right. The discussions which you had with Mr. Lawlor then, following upon the28 acquisition of the lands, they involved, I take it, not only him advising as to29 what his own personal vote would be but also what he believed the likely30 outcome of such a proposal would be when it came for consideration before thePremier 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 and 22: 211 lands?2 A. The plan forward was
Page 23 and 24: 231 Lawlor lived beside it. And I w
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: 331 Q. 174 Right. And did he indica
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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