Claim `part of effort' to prove corruption

The allegation that Mr Michael Bailey could cross the political divide to raise votes in support of rezoning motions at Dublin County Council was part of an effort by Mr James Gogarty to persuade people there had been "wrong doing, impropriety and corruption" involved, the Flood tribunal heard yesterday.

Cross-examining Mr Gogarty, Mr Colm Allen SC, for Mr Michael and Mr Thomas Bailey and Bovale Developments, said the allegation was part of an effort "to buttress your calls for an inquiry", and that he wanted to persuade people that there was corruption involved in rezoning "which we now know never took place".

Mr Allen said it was Mr Gogarty's evidence that: "What I expected him [Mr Ray Burke] to do and Bailey expected him to do was that he influenced Fianna Fail councillors and at that time, according to Mr Bailey, they had a majority on Dublin County Council, but in addition to that, according to Mr Bailey, Burke could control the council and Bailey could cross the political divide for further votes and he named, as I say, at the meeting but not in the letter, he named people that I don't want to be naming either, but I am only telling you.

"It's hearsay on my part and I am only telling you that's how it happened, and that it would take two meetings of the council to do that and that could be done not immediately but over a period of years as he said in his letter."

Mr Allen said Mr Gogarty told a public representative in 1997 that 450 acres of land had been rezoned "which we now know never took place". Mr Gogarty replied: "I am telling you that something bloody well happened. It didn't happen out of the sky. I am telling you that there's not a cow, sheep, horse or donkey or a grain of oats being grown on that land at the present time."

Mr Allen said Mr Gogarty told the chairman, Mr Justice Flood, on Monday that he and his son had driven around north Co Dublin satisfying themselves as to what had happened to the lands since the payment to Mr Ray Burke. Mr Gogarty agreed. Mr Allen then read from a transcript of Mr Gogarty's evidence of January 19th in which Mr Gogarty said in relation to the lands after 1989: "I didn't bother my head. I don't know what happened to the lands. I don't know what happened to this day."

"How could you come here yesterday and give an elaborate explanation concerning what did happen to the lands?" asked Mr Allen. Mr Gogarty said there was nothing inconsistent. "I don't know what happened to make them change, but I tell you it is a fact they have changed dramatic ally over the last five or six years."