Mr James Gogarty was utterly indifferent to any question of corruption in the planning process and the only reason he was at the tribunal was to "damnify" his former employers and anybody who got in his way in his efforts to do that, it was suggested by counsel for the Baileys and Bovale Ltd yesterday.
Under cross-examination by Mr Colm Allen SC, Mr Gogarty told counsel that that was his (Allen's) suggestion. Mr Allen asked why was Mr Gogarty at the tribunal.
Mr Gogarty said he was giving evidence to the tribunal in accordance with the terms of reference. He said he had a duty to do it.
Mr Allen said he played a major role; he wrote to Mr Ahern, to Mr Justice McCracken.
Mr Gogarty said: "I wrote to Mary Harney and to every leader of the parties in the Dail. I'm not denying that." Mr Allen said he would suggest that not only did he write to the various politicians seeking to establish the tribunal of inquiry but he went as far as to indicate the issues he believed should be investigated by the tribunal.
"That's correct," said Mr Gogarty.
Mr Allen said that on July 16th, 1997, Mr Gogarty wrote to Mr Joe Higgins TD, one of the politicians he had been in touch with seeking vindication for wrongs, as he saw it, that had been done to him. In the letter, Mr Gogarty gave a summary of the substantive issues.
"1. To inquire into the conduct of Det Sgt Sherry of Howth Garda station in his investigation and arbitrary decision not to bring charges against a named company director who was caught red-handed making threatening phone calls in the early hours of June 20th, 1994, including interfering with witnesses, contempt of court and attempting to interfere with and obstruct the administration of justice . . .
"2. To inquire into the context of the ex-minister Mrs Nora Owen in her repeated and unjustified callous dismissals of serious representations made to her on my behalf in relation to (1) above by my local representative Mr Broughan from June 1995 to date, by Mr Michael McDowell SC and then TD from January 1996 to date, and my solicitor Mr Neary from August 1995 to date, and of which Miss Harney, now Tanaiste, is fully appraised.
3. to inquire into my allegations against named individuals of white collar crime, bribery, corruption et cetera, including corruption in the planning process, including currently serving politicians.
4. to inquire into the malconduct of my previous solicitor, who failed to properly protect our interests and safety and who has continuously and consistently refused to hand over certain files and important information which is material to the foregoing issue."
Mr Allen stated: "Ironically, we find that in the `agenda' letter the reference to corruption in the planning process is prefaced by the word `including'. I suggest to you [that] you were and remain utterly indifferent to any questions of corruption in the planning process and the only reason you are here is to damnify your former employers and anybody who got in your way in your efforts to do that."
"That's your suggestion," Mr Gogarty said.