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

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81 A. That's right.2 Q. 32 That was a strategic decision which had been taken by you in discussion with3 your solicitors, you having indicated to the solicitors that you had no4 knowledge whatsoever of the matter, and they then deciding that in those5 circumstances the ball was in the court of Mr. Smyth's client to try and make a6 case against you --7 A. Yes, I had --8 Q. 33 Isn't that, in summary, the position that was adopted. They had to prove the9 position against you, you were not going to make any response whatsoever?10 A. That's what happened.11 Q. 34 Right. I know that's what happened, but was that a tactical decision which12 was taken by you on the basis of your not informing Finbar Cahill & Co. of the13 fact that you had had an involvement in 1991 in the possible refinancing of14 Mr. Goodman's debt?15 A. As I said five minutes ago, Your Honour, I am unsure. I do not recall now16 whether I advised Finbar or Andy Madden of my visit to the bank.17 Q. 35 I see.18 A. I do not remember now.19 Q. 36 Were you obtaining advice from any other legally qualified persons on this20 issue at the time, in particular, did you discuss the matter with Mr. John21 Caldwell as to what your approach should be to the claim which is being brought22 by Elangrove, which apparently also is being brought, as we see, against23 Southfield which you knew him to have been the solicitor acting for and Vino24 Properties Limited which you believed he was one of the owners of. Did you25 ever discuss the fact that this claim was being brought against -- well26 addressed to both you and to them by Mr. Smyth?27 A. Again, Mr. Chairman, Your Honour, I do not recall but I wouldn't be surprised28 if I sent that letter to him.29 Q. 37 Yes, it wouldn't be at all surprising because it would appear on the face of30 the letter that if what was said in that letter was true, somebody didPremier Captioning & Realtime Limitedwww.pcr.ie Day 564
91 Mr. Goodman out of his just deserts and you were a person who had met with2 Mr. Goodman.3 A. Yes.4 Q. 38 And had at some point discussed the possibility that you would endeavour to5 resolve the matter by acquiring the lands and he would be paid ultimately,6 presumably; isn't that right?7 A. That's right. Again, as I said, I do not recall, but I would be very8 surprised if I did not forward the letter to him.9 Q. 39 Right. Do you think you might have discussed the matter also with Mr. Liam10 Lawlor who had introduced you to Mr. Goodman in the context of your possible11 acquisition of the land?12 A. I doubt that.13 Q. 40 I see.14 A. I just doubt that.15 Q. 41 And why would you not have spoken to him about it since he apparently was your16 introduction to Mr. Goodman, he was the person who presumably Mr. Goodman would17 have been getting on to about this default and in effect you were one of the18 persons who was being blamed for his loss, that is for Mr. Goodman's loss.19 And since Mr. Goodman was a person who you had been introduced to by20 Mr. Lawlor, why would it not be reasonable that you might not have contacted21 him?22 A. Well perhaps I did. But I -- I have no record of that.23 Q. 42 Right.24 A. I have no memory of it. I would expect that I did forward the letter to25 Mr. Caldwell. Whether I mentioned it to Mr. Lawlor or not I have no26 knowledge, absolutely no knowledge. But it would be a perfectly natural27 thing for me to do on receipt of the letter or soon afterwards to forward it to28 Mr. Caldwell, I think.29 Q. 43 Fine. Mr. Caldwell's role in the transactions which have been examined to30 date with you, which involve the initial contract, which ran from November 1989Premier 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: 71 A. Could I see it again, please?
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 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
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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
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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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