Gilmartin forced to defend his credibility

Evidence:Property developer Tom Gilmartin told the Mahon tribunal in Dublin Castle yesterday that his "credibility is in the best of health".

Throughout the morning, he came under pressure from Paul Sreenan SC, counsel for rival developer Owen O'Callaghan, over his memory for dates and events. Mr Sreenan asked Mr Gilmartin if he understood that if he gave untrue evidence in affidavit or directly to the tribunal, he would be guilty of perjury.

"My credibility is in the best of health, Mr Sreenan," Mr Gilmartin replied.

Mr Sreenan accused him of "drip-feeding" information to the tribunal in 35 phone calls between 1998 and 2002.

He was questioned about his initial statement in 1998, to his then solicitor, Noel Smyth. Mr Sreenan asked if he could remember being told by Mr Smyth that the tribunal was a "serious matter" or if he remembered paying Mr Smyth for the work he undertook.

When Mr Gilmartin said he could not remember paying, Mr Sreenan asked how he could then remember things that happened 10 years before that "and expect the tribunal to rely on that evidence".

He was also pressed on a meeting he had with tribunal lawyers on October 2nd, 1998, regarding a draft affidavit. He was asked who wrote up the handwritten notes on the draft for the final copy. "It's possible the lawyers or barristers for the tribunal had already made the alterations," Mr Gilmartin said. "I cannot recall what date exactly."

"You needn't take refuge in your inability to remember dates," Mr Sreenan said. Mr Gilmartin pointed out that he was 73 but said he was not hiding behind that. "I had serious heart surgery just a couple of years ago, and it, you know, those events wouldn't be prominent in my mind."

Mr Sreenan also asked why he had waited until giving evidence at Quarryvale II to tell the tribunal that Mr O'Callaghan told him he had the Lee tunnel moved to suit himself. "I put it to you . . . you casually made things up, that you are careless about the truth and that you are reckless about the damage that you inflict on other's reputations," he said.

"No, sir," Mr Gilmartin replied.