Evidence contradicts Gogarty

Mr James Gogarty instructed auctioneers to sell Murphy group lands in north county Dublin at the same time that he made a payment to Mr Ray Burke allegedly to secure planning permission for the lands, the tribunal heard.

The apparent contradiction - Mr Gogarty has consistently maintained to he gave the money to Mr Burke to increase the value of the lands in the long term - was highlighted by Mr Dan Herbert SC for the Murphy group.

In his cross-examination of Mr Kevin Duffy of auctioneers Duffy Mangan Butler, which had carriage of sale of the lands, Mr Herbert asked if Mr Gogarty had given written instructions on the sale of the lands. Mr Duffy said he had a letter on file instructing him to sell the lands quickly, and noting that he could sell them at a discount to their development value to effect a quick sale.

Mr Gogarty also said in the letter he would personally work in liaison with the firm on the sale. The letter was dated June 8th, 1989, the same day that Mr Ray Burke said he received a "political donation" from Mr Gogarty at his home in Swords.

Mr Herbert also asked Mr Duffy if he or his late uncle, Mr Fred Duffy, was aware when they were instructed to sell the lands there was already an offer of £2.86 million for them from Mr Michael Bailey. Mr Duffy said he had no such knowledge, but agreed it would have interested him and his uncle greatly. Mr Herbert also asked if Mr Gogarty had displayed a "real and intimate knowledge of the lands" when he had commissioned a valuation in early 1989. Mr Duffy said this was so. Their valuation of the lands was for just over £3 million, but the lands were eventually sold to Mr Michael Bailey largely for their agricultural value at £2.3 million. Asked if he could offer any reason why information on a higher bid was kept from him, Mr Duffy said he could not.