Watershed case rested on jogged memories

There may be some dispute as to whether George Redmond is the first public official to be convicted on corruption offences, but he is certainly the most prominent "catch" in the history of white-collar crime in this State.

The conviction of the former assistant Dublin city and county manager is a watershed in the investigation of bribery and corruption. It was secured on the back of Victorian legislation which was supposed to be incapable of delivering such a result.

But yesterday's majority verdict was also a surprise to most observers, given that the prosecution's case rested on a single witness whose consistency and powers of recollection were questionable.

During the 13-day trial, garage-owner Mr Brendan Fassnidge recalled crucial details he had previously forgotten and changed his evidence in important respects.

Having earlier forgotten that he had paid Dublin County Council £10,000 for a right- of-way to his garage in Lucan, he had his memory jogged by reading notes in court and remembered the payments 24 hours later.

He appeared to be confused as to whether he paid the bribe to Mr Redmond in the hallway of his house or whether he took the money from a drinks cabinet. He said his wife witnessed the payment, but she declined to give evidence in the trial. There was also the unlikely claim that a journalist promised him £6,000 for his story and then reneged on the deal.

Mr Fassnidge has an extraordinary record of drink-driving convictions, a spell of psychiatric illness and a chequered business career which saw his multi-million garage business crash in the 1980s.

Against this, the jury would have noted that Mr Fassnidge stuck steadfastly to his story. There was also the evidence of council officials which clearly pointed to Mr Redmond's central involvement in setting the price the council sought for the right- of-way.

One witness said it was Mr Redmond who had suggested the council look for £120,000 for the strip of land, a completely unrealistic price when the council's valuer felt there should be no charge. Mr Fassnidge, frustrated and angered at what he saw as an unreasonable demand, solved the problem by other means.

Some time in 1988, over a glass of wine, he gave Mr Redmond a brown envelope containing £10,000.

Three days later, he collected the documents from the council office, giving him ownership of the wayleave.

Another important detail was Mr Redmond's acceptance that he got a £5,000 cheque from Mr Fassnidge "out of the blue" in 1988. Mr Fassnidge's wayleave issue was also mentioned briefly in his official diary for that year.

The central role played by former Fianna Fáil TD Mr Liam Lawlor in this affair is also noteworthy.

Mr Lawlor, who appeared as a witness for the prosecution, proposed the section 4 motion directing the council to give planning permission for Mr Fassnidge's petrol station. This had been refused earlier.

The former TD also had a major role in the negotiations that saw the price of the wayleave reduced from £120,000 to £10,000.

Throughout the past five years, Mr Redmond has launched a series of legal challenges against those investigating his affairs. Although his resources may be strained - and the DPP indicated his intention yesterday to seek costs for the trial - an appeal is considered likely.