A BUILDING contractor clashed with defence counsel in the £400,000 Shannon Development fraud trial yesterday. He denied he gave personal loans to a Clare Fianna Fail councillor, Mr Enda Mulkere.
Mr Jack McCarthy, a director of McCarthy Brothers (Ennis) Ltd, of Ballybeg, accused Mr Peter Charleton SC of "making concoctions" and declared he would not lend money to "a man of straw".
Mr Charleton suggested that Mr Mulkere had asked Mr McCarthy in October 1991 for a loan to get over personal difficulties he had with the First National Building Society.
Mr McCarthy denied that six cheques he authorised to be given to Mr Mulkere in 1991 and 1992, totalling £26,752, were as a result of "a contract of loan" between them. He also denied the suggestion that he had lunch in the Greenhills Hotel with Mr Mulkere.
It was the second day of the trial at Dublin Circuit Criminal Court of Mr Mulkere on charges of involvement in a £400 000 fraud.
Mr Mulkere (46), of Carrow Na Cloughy, Crusheen, has pleaded not guilty to 17 charges of committing the fraud by false pretences in 1991 and 1992, while he was an executive at Shannon Free Airport Development Company Ltd.
The charges against Mr Mulkere allege he obtained sums, or caused sums, or attempted to cause sums to be paid to contractors by falsely pretending the money was due to them from SFADCo in respect of work done or services lawfully rendered.
Mr McCarthy agreed that he signed cheques for £10,730, £4,453, £4,912, £1,532, £1,350 and £3,765 and authorised them to be given to Mr Mulkere. The cheques were made payable to cash and he said he believed they were to pay subcontractors for work done for SFADCo.
Mr McCarthy said that when he met Mr Mulkere first he was aware of him as a politician and a councillor. Mr Charleton suggested he knew Mr Mulkere socially and was trying to distance himself from him. Mr McCarthy replied: "I don't know what you are trying to concoct about dealings with Mulkere."
Mr McCarthy denied he had been in the accused man's house seeking permission for the hunt to use his lands. He said the only time he called to the Mulkere home was after he got the judgment against him from Ennis Circuit Court. He went there to ask Mr Mulkere if he had the money to pay him back but the door was slammed in his face and he left.
Mr McCarthy described a further suggestion by Mr Charleton - that in 1978 he had sued a solicitor in the High Court and later in the Supreme Court over a failure to get planning permission for a quarry project - as "another concoction".
He denied this claim when Judge O'Connor rebuked him again for replying to counsel's questions with queries or comments.
Mr Charleton again asked Mr McCarthy to explain a £26,752 judgment he got against the accused man in Ennis Circuit Court on September 21st 1992.
Mr McCarthy agreed his signature was on a sworn affidavit claiming he had made personal loans to Mr Mulkere on dates in 1991 and 1992 and said his lawyers had advised him this was: "the road to go on" to recover the monies he gave to the accused man, believing they were for SFADCo.
Pressed by Mr Charleton, he said he could not and would not pay out company money without having a certificate showing the work was done. Mr Charleton suggested there was no certificate when he made the first payment of £10,730 in October 1991.
Mr McCarthy denied he was "twisting anything" when he agreed with Mr Charleton that a certificate produced as evidence was dated two months after the October payment. He said he must have seen a certificate before authorising the cheque.
The hearing continues.