Solicitor disputes key Gogarty evidence

A Dublin solicitor, Mr Denis McArdle, who Mr James Gogarty has said is an honest man and whose word and evidence Mr Gogarty had previously said he would accept, has disagreed with critical aspects of Mr Gogarty's evidence to the planning tribunal.

Yesterday Mr Anthony Harris, solicitor for the former assistant city and county manager, Mr George Redmond, reminded Mr Gogarty of the trust he had placed in Mr McArdle.

In cross-examination of Mr Gogarty, who has been severely critical of some solicitors, Mr Harris said: "I think Mr McArdle was one of the solicitors who you would have excluded from your views about solicitors generally. I think you spoke of him in glowing terms."

Mr Gogarty agreed he held Mr McArdle in high regard.

However, Mr Harris then read from a statement made to the tribunal on February 26th this year by Mr McArdle which contradicted Mr Gogarty's evidence in relation to Mr Redmond on a number of key issues.

Mr McArdle took issue with Mr Gogarty's assertion that a woman in Mr McArdle's office had typed a letter to Dublin County Council on Mr Gogarty's behalf, in May 1988.

Mr McArdle's statement notes that Mr Gogarty said "his girl (sic) typed the letter on Grafton Construction notepaper to the County Council and that I [Mr Gogarty] signed the letter".

Mr McArdle says he disputes this.

"The headed notepaper of Grafton Construction Ltd or indeed any other client was never held in my office at any time. If Mr Gogarty came to my office with a sheet of Grafton notepaper and asked me to oblige by having a letter typed up on same, which was to go to Dublin County Council I would certainly have had no problem facilitating him."

Mr McArdle maintained that "if the letter was typed in my office, the typist would have made a carbon copy automatically. There is no trace of any such carbon, although I have made a diligent search."

Mr McArdle also took issue with Mr Gogarty's assertion that Mr Gogarty had told him who the letter was for and what it contained. "I have no recollection whatsoever of such an alleged discussion, nor do I believe it occurred. Mr Gogarty also says that I left the other copy, Redmond's draft, with him. I doubt very much that that happened.

"This was an important letter as it was in relation to seeking an extension of time to an existing planning permission and I believe that Mr Gogarty would have wished to retain the document himself."

Mr McArdle's statement continued: "Further, I do not have any memory of this alleged occasion. Mr Gogarty says in reply to question 102, `but I did know that Mr McArdle told me something later, that they got a good response from the council and it was accepted that they were going to extend the services for two years I think it was'. In fact, it seemed to me to be more probable that Mr Gogarty gave this information to me."