Farmer who sold land was 'stuck' in the deal

MAHON TRIBUNAL: A retired farmer has told the tribunal how he sold his property at Carrickmines in south Dublin to Mr Jim Kennedy weeks after making allegations of corruption against the controversial businessman.

Mr Bob Tracey explained that he was "stuck" with Mr Kennedy and couldn't get out of the deal. Mr Kennedy has placed a lis pendens on his land which prevented him selling to anyone else.

His legal advice was that he couldn't get out of the deal and he was "sort of stuck", he told tribunal lawyer Mr Des O'Neill SC.

Mr O'Neill had asked the witness whether he had any reason to go ahead with a deal with a man who, according to Mr Tracey, had such a capacity for bribery and corruption.

In July 1989, Mr Tracey told the gardaí that Mr Kennedy and his land agent, Mr Sam Stanley, told him £50,000 would have to be paid to Fianna Fáil and to planning officials to get his lands at Carrickmines rezoned. Some £20,000 would have to be "thrown in" to Fianna Fáil for starters, and three men in the planning office would have to get £10,000 each, Mr Kennedy is alleged to have said.

At the time, Mr Tracey was negotiating with Mr Kennedy and Mr Stanley to sell the lands at Carrickmines. Mr Stanley denies the remarks, while Mr Kennedy is not co-operating with the tribunal.

However, shortly after Mr Tracey made his statement to the gardaí, he finalised an agreement with Mr Kennedy to sell the 108-acre property for £700,000, with a deposit of £50,000. An agreement to this effect was signed in November 1989.

In earlier negotiations before this agreement was concluded, Mr Tracey said Mr Kennedy kept "messing about" and he could not get the deal closed. Mr Tracey asked his solicitor if he could get out and sell to another purchaser.

Mr Tracey said he never offered his property to anyone; rather, "they all came to me". Another party, Sorohan Builders, were interested in buying the land. In January 1989, he told his solicitor that price was not the main consideration in selling the land. Sorohan was a "genuine customer", while Mr Kennedy was "a messer".

"I was satisfied to have a deal if he would pay me, but there was always excuses between Stanley and himself," the witness remarked. Mr Kennedy later offered to "cut Stanley out" and promised to pay within 10 days if a deal was struck.

Mr Tracey said he couldn't get out of a deal with Mr Kennedy because of the legal restrictions. There was only a 50/50 chance if he went to court that he would win.

Even after the November 1991 agreement was signed, there were further disagreements and litigation. However, Mr Tracey said this was "all a stalling process" on the part of Mr Kennedy.

He never trusted Mr Kennedy after he read in the newspapers how the businessman had "tricked" a woman in north Dublin out of her farm, the witness said. "I was right in my estimation of the man," he added.

He agreed with Mr Mel Christle SC, for Mr Stanley, that the two men had discussed other land deals apart from Carrickmines.

Mr Christle said one of the reasons Mr Tracey had renewed contact with Mr Kennedy and Mr Stanley was because he had marital difficulties and needed "a cash injection" to buy a second house.

The witness agreed he had marital problems, but said he didn't need the money. He had given their house to his wife and gave her money as well. He wasn't short of money and he hadn't made contact with Mr Kennedy and Mr Stanley.