Agent told to say only his client could secure planning

An estate agent acting for prominent builder Mr Joe Tiernan has said he was instructed to tell the owners of farmlands in Lucan, Co Dublin, that only his client could secure planning permission for the lands.

Mr James Synnott wrote in April 1992 to Miley and Miley solicitors, who were representing Vino Properties, a British Virgin Islands registered company, about the sale of the lands in west Dublin.

Mr Synnott offered £2.425 million, on behalf of Mr Tiernan for the 55-acre site owned by Vino Properties at Coolamber, Lucan. The terms offered were that Mr Tiernan would have an option on finalising the sale of the site for 24 months, or six months after the land was rezoned for development by the local authority, Dublin County Council.

In his letter dated April 15th, 1992, Mr Synnott stated: "My client would like to emphasise that he is the only party capable of implementing the zoning of these lands. I would therefore urge you to accept this offer."

When asked by counsel for the tribunal, Ms Máireád Coghlan, what this meant, Mr Synnott said he was only following his client's instructions, but presumed his client was indicating that his plans for the land were at a very advanced stage.

Mr Synnott was also shown a letter written by Mr Tiernan to Mr John Caldwell, one of the owners of the land, advising that the deal on the site not be finalised for two years in light of the result of the recent local elections and the subsequent power balance in the council. Judge Gerald Keys asked the witness did he think these pieces of information indicated that Mr Tiernan had some influence on the council.

Mr Synnott said this was possibly the case, but he didn't know. He added that he had no great knowledge of the rezoning process and the transaction was "reasonably removed" from the type of business he generally dealt with.

"Had you heard any allegations about planning being a debased currency, particularly in relation to planning in Dublin?"

Mr Synnott said he had not.

Judge Keys asked if it was not a reasonable conclusion when a client instructed him to say that he was the only party who could implement zoning on lands that there may be some corruption involved. "I suppose so, I suppose you could look at it that way," Mr Synnott replied.