An Englishman, Mr Alan Holland, yesterday identified himself as the sole director and shareholder of Jackson Way Properties Ltd, a controversial shelf company under investigation by the Flood tribunal and the Criminal Assets Bureau.
Mr Holland was in Dublin to give evidence at an arbitration hearing in Dún Laoghaire which is sitting to hear a claim for €47 million in compensation brought by Jackson Way against Dún Laoghaire-Rathdown County Council following the compulsory acquisition of some 20 acres of its lands at Carrickmines in south Dublin for the completion of the South-Eastern Motorway.
Ownership of Jackson Way, which owns a total of 109 acres of land at Carrickmines, had previously been unclear.
In evidence Mr Holland said Jackson Way was originally incorporated in the UK as a shelf company called Arriveclever Ltd on April 14th, 1993. It changed its name to Jackson Way Properties Ltd the following month. The date was May 25th, 1993.
Mr Holland said he was the sole director and shareholder of Jackson Way and he intended to invest the proceeds of the compensation claim in property in the Republic. He had not sought other replacement property yet but said: "I don't think it will be difficult to find alternatives when the money is to hand".
He said he had instructed Irish experts to act for the company in the Republic and was mainly guided by his solicitor in the Republic, Mr Stephen Miley.
His counsel, Mr Hugh O'Neill SC, handed to the arbitrator, Mr John Shackleton, the certificate of incorporation of Arriveclever Ltd and its memorandum and articles of association. They showed that one of the company's objectives was to purchase or take options on property. The document also said a sole director could exercise all powers over the company.
Cross-examined by Mr Dermot Flanagan SC, for the council, Mr Holland said Jackson Way did not own other land in Ireland or elsewhere.
The Carrickmines land was the only transaction Jackson Way had been engaged in since 1993. "All our intentions are for the future," he said.
He said the Carrickmines land had been available for farming, but this had generated "very little" income for the company.
The lands had remained "broadly" the same since they were acquired by the company, he said.
When Mr Flanagan asked how much he paid for the land in 1993, Mr O'Neill interjected that this was irrelevant to the hearing.
Mr Flanagan persisted and asked if the acquisition of the Carrickmines lands had resulted from the sale of other lands.
Mr Holland said the land was acquired prior to his involvement as a director. "I've no knowledge of what went on before," he said.
"The company was formed for the purpose of holding the lands," he added.
Mr Flanagan asked if he was a shadow director of Jackson Way. Mr Holland said he was a real director of the company and had conducted all matters in relation to the company.
To further questions from Mr Flanagan, the witness said the land at Carrickmines was never put on the market. The portion not affected by the motorway would be retained by the company, he said. Asked if he would add to the company's landbank in the area he said Jackson Way would keep its options open.
Questioned on whether he had made any tax returns in relation to the lands he said the company always had its accounts audited under UK law. "They are a matter of public record in the UK," he said.
Mr Flanagan also asked if Jackson Way had received compensation in respect of rights of way through the land given to Bord Gais and others. Mr Holland said he was not aware of this.