THE DIRECTOR of Public Prosecutions has directed that charges be brought against Fianna Fáil councillor and hotelier Patrick O'Donoghue in relation to a controversial rezoning motion before Killarney Town Council in 2006.
Sources confirmed yesterday, following reports in local media, that the direction from the DPP is to prosecute in relation to alleged breaches of the local government ethics legislation. This follows a Garda investigation.
The file is now back with gardaí, according to sources. However, no summonses have yet been served on the councillor.
Mr O'Donoghue, a director of Fáilte Ireland and Tourism Ireland and managing director of the Gleneagle Hotel group, appeared before a hearing of the Standards in Public Office Commission a year ago in relation to the motion which came before the town council in March 2006. Signed by a number of councillors, the motion sought to rezone about 20 acres of the O'Donoghue family lands surrounding Gleneagle Hotel for tourism facilities and a town centre.
The motion was passed by a majority of Mr O'Donoghue's colleagues on the Killarney Town Council. However, officials and planners vehemently opposed the town centre designation, pointing out that the Gleneagle lands were on the urban-rural divide, and a considerable distance from the centre of Killarney.
At a subsequent meeting, then town manager Tom Curran refused to allow the rezoning to proceed.
Following a preliminary investigation, the Standards in Public Office Commission held a public hearing, the first ever such involving local authority members.
The commission found Mr O'Donoghue had breached ethics legislation in relation to proper standards in seeking to influence a decision of the council and it sent a report to the DPP.
Senior gardaí from outside Killarney conducted a lengthy investigation in which councillors, officials and a large number of journalists were interviewed.
Mr O'Donoghue has consistently maintained he acted at all times openly and in good faith, and has rejected the findings of breaching the standards commission investigation, in particular that he sought to influence colleagues on the council.