Auctioneer tells of discretion request

The auctioneering firm charged with selling the Murphy lands in north Dublin in 1989 did not advertise the sale because it was told to sell the lands discreetly.

Mr Kevin Duffy told the tribunal yesterday this instruction came from Mr Gogarty, who said he was acting on the instructions of Mr Joseph Murphy snr. The 711 acres were to be sold as one lot.

Mr Duffy, of Duffy Mangan Butler, said his late uncle, Mr Fred Duffy, was the main person dealing with the sale of the Murphy lands to the developer Mr Michael Bailey.

Mr Dan Herbert SC, for the Murphy group, asked Mr Duffy about notes made by Mr Gogarty for his own use in 1989. He asked, in particular, about a reference to "Duffy and Bailey: Duffy would he give me 10k commission?".

Mr Herbert said Mr Gogarty had explained this note recorded an offer by Mr Fred Duffy to pay him (Mr Gogarty) a commission of £10,000 to sell the lands.

Mr Herbert asked the witness if he was aware of any such offer. Mr Kevin Duffy said he was not.

One newspaper had suggested the payment was more of a finder's fee than a consideration. Mr Duffy said his uncle was not in the habit of paying finder's fees.

Mr Duffy said he understood Mr Gogarty was offered £10,000 if Duffy Mangan Butler proceeded with the sale of the lands, but this would come out of its commission.

The firm's fee for selling the lands for £2.3 million eventually came to £51,750.

Mr Duffy said he was aware that there was a dispute within the Murphy group over the lands, and that Mr Murphy snr wished to dispose of them as one holding.

Asked about another sale, this time of a building owned by Murphys in Baggot Street, Mr Duffy said Mr Bailey viewed the property but did not attend the auction held in November 1989, did not bid and did not buy it.