Adviser accused of lying and contempt

AN ENVIRONMENTAL consultant who was retained by Wicklow County Council to advise on the clean-up of a number of illegal dumps uncovered in the county, was accused of telling lies and attempting to subvert the proceedings during sharp exchanges in the High Court yesterday.

Donal Ó Laoire was giving evidence to the court on behalf of Wicklow County Council which is is seeking orders under the Waste Management Act against the former owner of the Whitestown lands, John O’Reilly.

At the end of yesterday’s proceedings, Mr Justice Daniel O’Keeffe said he would continue to hear Mr Ó Laoire’s evidence on Tuesday, but would be available to hear an application citing Mr Ó Laoire for contempt in the face of the court, by Friday next. He advised the parties to reflect on the matter over the weekend.

The council is also seeking orders against Brownfield Restoration Ireland Ltd, which bought the lands from Mr O’Reilly in 2003; and two waste companies, Swalcliffe Ltd, trading as Dublin Waste, and Dean Waste Co Ltd, formerly trading as A1 Waste.

As the resumed hearing got under way yesterday, it emerged that Mr Ó Laoire had been given transcripts of the evidence of Wicklow county manager Eddie Sheehy, before he gave his own evidence, in contravention of a court ruling.

Ian Finlay SC, for Brownfield Restoration, said an admission by Wicklow County Council that it had e-mailed the transcripts of Mr Sheehy’s evidence to Mr Ó Laoire on July 15th, and Mr Ó Laoire’s failure to volunteer that information in court while denying that he had discussed Mr Sheehy’s evidence with anyone, appeared to be a clear attempt to mislead the court.

It was, he contended, an attempt “to subvert the processes of the court” and “contempt in the face of the court”.

Mr Ó Laoire said he had not opened the e-mail from Wicklow County Council’s law agent containing the transcripts, or read them, but he acknowledged he had forwarded the e-mail to his solicitor, who then had informed the court of the situation.

Mr Finlay put it to Mr Ó Laoire that his evidence contained lies and asked if on any other occasion since he became involved at Whitestown, had he told lies.

Mr Ó Laoire said he had not told lies, but that on one occasion he had made a statement under Garda caution, which later emerged to be incorrect. When he realised the mistake later, he had corrected the statement, he said.

Mr Finlay said Mr Ó Laoire’s Garda statements had related to allegations that Mr Ó Laoire had attempted to set up a private consortium to deal with the restoration of lands at Whitestown.

Mr Ó Laoire was advising Wicklow County Council on the clean-up and was acting as an official of the council at the time.

Mr Finlay said that following the receipt of the transcripts of Mr Sheehy’s evidence by Mr Ó Laoire, there had been similarities between the evidence provided by the two men. He asked for a recess and, after a brief adjournment, he and Shane Murphy SC, for Dean Waste, argued that Mr Ó Laoire’s evidence had amounted to contempt.

James Connolly SC for the county council said a case of contempt had not been made. Mr Ó Laoire had been given transcripts by the council but these were not complete and had not related to the similarities referred to by Mr Finlay.

The hearing was adjourned until Tuesday.