A solicitor has told the Conrad Gallagher trial that the contract under which the Fitzwilliam Hotel purchased paintings from him was "unambiguous" but "untidy".
Mr Frank Murphy told the Dublin Circuit Criminal Court jury that his independent reading of the receipt for £20,000 for the paintings said it was for the paintings listed 1-16 on the schedule and did not refer to a first grouping numbered 1-3 which are the paintings at issue in the trial. Mr Murphy said in reply to Mr Richard N. Kean SC (with Ms Deirdre Hughes BL), defending, that he had never acted for Mr Gallagher and had never met him in his life but had been asked on Friday night to give his expert view of the contract.
He said he had particular expertise in the law relating to contracts in commercial, media and entertainment law both in drafting them and examining contracts drawn up by other solicitors.
Mr Murphy said the contract was a legal document and he was only concerned with interpreting it as it had been drafted. He had only seen it for the first time at the weekend and it obviously referred to paintings numbered 1-16.
He had "no doubt" that the document referred to paintings 1-16 on the schedule as being purchased by Ampleforth.
He would have advised Ampleforth they did not own the three paintings and Mr Gallagher that he did, Mr Murphy told Ms Melanie Greally BL, prosecuting, in cross-examination.
Mr Murphy added that he had no recollection of his expert view on such contracts ever being tested or challenged in a court of law.
he document was untidily drafted and more care should have been taken with it.
It was the fifth day of the trial in which Mr Gallagher, formerly of Killiney Hill Road, Killiney, denies stealing three abstract Felim Egan paintings from the Fitzwilliam Hotel on St Stephen's Green on dates unknown between November 2nd and November 22nd, 2000.
Mr Gallagher (32), with a current address at Pembroke Road, Ballsbridge, has also pleaded not guilty to obtaining money by false pretences on November 21st, 2000, at The Lodge, Killiney Hill Road, with intent to defraud through getting £9,000 from Mr Bryan Greene by falsely pretending that three Felim Egan abstract paintings were his property to sell.
Prosecution witness Mr Tom Mannix, financial director of Ampleforth Ltd, owners of the hotel, was also recalled to refute defence evidence given last Friday by Mr Gallagher's personal assistant, Ms Hazel Hurley.
The jury, having been addressed by prosecution and defence counsels, will retire to consider its verdict after being charged by Judge Yvonne Murphy.