Mahon criticises leak of documents to media

Mahon Tribunal: The chairman of the planning tribunal, Judge Alan Mahon, has criticised the leaking to the media of confidential documents furnished to legal teams working on the tribunal.

Judge Mahon described the leaks as "regrettable". His comments followed newspaper and television reports last weekend concerning statements given to the tribunal by Ms Mary O'Rourke, the Fianna Fáil Seanad leader and former minister.

In an affidavit submitted to the tribunal before Christmas, Ms O'Rourke said she could remember being at a 1989 meeting in the Dáil with property developer Mr Tom Gilmartin. She said the Taoiseach, Mr Ahern, was present. However, he says he can recall no such meeting.

Judge Mahon said the leaks of Ms O'Rourke's statement took place just days after it was circulated, among other documents, to legal teams.

"Earlier last week about 40 parties concerned with the forthcoming module in early March were given briefs including a number of witness statements.

"Each party was directed by the tribunal in writing to treat the documents in absolute confidence. It appears at least one of these parties has failed to comply with this direction and that is regrettable." He reminded the "relevant parties" that they had an obligation to treat such documents in "strict confidence".

The 1989 Dáil meeting is central to Mr Gilmartin's allegations of corruption surrounding his bid to build a shopping centre in Quarryvale in west Dublin, which will form a major part of the Mahon tribunal's investigations this year.

Mr Gilmartin says that after the meeting, he was approached by an unidentified Fianna Fáil figure and told to deposit £5 million into an Isle of Man bank account if he wanted to get planning permission.

At the tribunal yesterday a solicitor who was involved in the sale of the Carrickmines lands in south Co Dublin described the transaction as the most "fraught" he had dealt with in 50 years in practice.

Mr Gerry Charlton is a partner in the firm Reddy, Charlton & McKnight, whose services were retained by Mr Sam Stanley, a land agent acting for Mr Jim Kennedy in the Carrickmines transaction.

The tribunal heard Mr Stanley put it to Mr Kennedy he believed he would not be paid for his services in helping Mr Kennedy to buy the Carrickmines land from a retired farmer, Mr Bob Tracey. Mr Kennedy reassured him, saying there was "honour among thieves".

Mr Charlton confirmed that Mr Stanley said he was promised £1 million for the Carrickmines deal once the lands had been acquired from Mr Tracey, planning permission secured, the lands sold on and profits realised. Mr Charlton described the figure as "mind-boggling".

He added that Mr Stanley later agreed to take a 20 per cent share in the Paisley Park company instead of the £1 million fee. Paisley Park was the company through which the lands were to be acquired.

Earlier, the former assistant Dublin city and county manager, George Redmond, cross-examined Mr Tracey. He put it to him that the only reason his name had arisen during conversations between Mr Tracey, Mr Kennedy and Mr Stanley on bribing county officials was because he was "a person of some standing and Mr Kennedy was inclined to throw it in as a bonus".

Redmond was convicted on corruption charges last year and is serving a one-year sentence. He is allowed to attend the tribunal, where he is representing himself.