TOP OFFICIALS at Galway County Council were at odds on how to deal with the findings of an internal investigation into "irregularities" regarding invoices submitted by a councillor.
The invoices were for works carried out during a Community Involvement Scheme in Ardrahan, south Galway in 2003, Galway Circuit Criminal Court heard yesterday.
Cllr Michael "Stroke" Fahy, Caherduff, Ardrahan, denies seven charges of fraud and attempted theft from Galway County Council in 2002 and 2003.
Retired Galway county manager, Donal O'Donoghue, told the court that he decided not to refer the findings of an internal council investigation into "irregularities" of invoices submitted by Mr Fahy at the council's Gort office to gardaí, because of the trauma an investigation might cause to council staff and their families.
Mr O'Donoghue said he had been a civil servant for 42 years without incident and he decided on March 31st, 2004 - four days before his retirement - to deal with the matter internally, as it had occurred under his "stewardship", by imposing sanctions and penalties on Mr Fahy.
He made a manager's order, "that the decision to refer the file to the gardaí be deferred".
This was despite recommendations by head of the council's road and transportation section, John Morgan, to institute legal proceedings against Cllr Fahy.
Mr Morgan wanted gardaí to launch an investigation into the alleged procurement by Mr Fahy of €7,055.15 by false pretences in 2002, and for the alleged attempt to procure a further €7,523.91 from the council in 2003.
Mr O'Donoghue said he decided to deal with the matter internally when Mr Fahy repaid the €7,055.15 to the council and withdrew the invoice for €7,523.91.
He said Mr Fahy also made a donation of €3,000 to the Ardrahan Lourdes Fund, and Mr O'Donoghue withheld €14,500 earmarked for the councillor's Notice of Motion fund.
Tom Kavanagh, who was appointed caretaker county manager on Mr O'Donoghue's retirement, said his office received a request for information regarding the Community Involvement Scheme file from Irish Independentreporter, Brian MacDonald, under the Freedom of Information (FoI) Act. He decided not to give the journalist any information and to give the file instead to gardaí on June 17th, 2004.
This was in direct conflict with the former manager's order, but Mr Kavanagh said he made the decision in light of the publicity the FoI request would generate.