Councillor denies his evidence was "series of lies"

CLARE Fianna Fail councillor, Mr Enda Mulkere, has denied a prosecution claim at the end of his cross examination on the ninth…

CLARE Fianna Fail councillor, Mr Enda Mulkere, has denied a prosecution claim at the end of his cross examination on the ninth day of the Shannon Development fraud trial that his evidence was a series of opportunistic lies".

Dublin Circuit Criminal Court also heard Mr Mulkere has a High Court action pending against SFADCo under the Unfair Dismissals Act.

Mr Mulkere alleged that the contracts in this trial were not the only ones in which "irregularities" were found, but no others were before the court.

He rejected the allegations that he defrauded more than £84,000 from two contractors and said he had given "an honest account" of all his transactions with them. He got the money as loans and was surprised the contractors had "put a different spin" on it.

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Told by Mr Paul O'Higgins SC prosecuting, he had "a last chance" to tell the jury how he disposed of £47,000 - including £14,000 from his bank - Mr Mulkere said he could not say "offhand", as it was five years since it happened.

He said his auditor and the taxman had gone through his accounts "with a fine comb" but he had no records with him and was not prepared to speculate in court. Mr O'Higgins suggested the reality was he "simply cannot afford to tell the truth".

Mr Mulkere, who was also accused by Mr O'Higgins of "blustering evasion", said he would not dishonour the name of his family by involvement in corruption as alleged.

Mr Mulkere (48), married and the father of four, from Carrownocloughey, Crusheen, Co Clare, has pleaded not guilty to 16 charges alleging he obtained or attempted to obtain money by false pretences on dates from October 1991 to June 1992 while he was an executive at SFADCo.

The charges allege that through false pretences he got cheques from McCarthy Bros and Co (Ennis) Ltd, Madden Pipelines Ltd and Madden Planthire Ltd and caused cheques or attempted to cause cheques to be paid to these companies by SFADCo by falsely pretending the entirety of the money was due to them.

On his second day in the witness box, he said Mr Jack McCarthy had sworn before Ennis Circuit Court the money he paid out was as personal loans. Mr Thomas Madden accepted cattle and horses to recover part of his "loan".

Mr O'Higgins pressed the accused to show how he disposed of 30 cheques from Mr Madden, and six from Mr McCarthy which the councillor claims were personal loans.

Mr Mulkere agreed his salary in SFADCo was £26,000 and his wife had a secondary teacher's salary of £21,000 in 1991-1992.

Despite that, they had serious financial difficulties through a combination of circumstances including herd "depopulation" and increased mortgage interest rates. Interest was being charged on interest and the bank had surcharged him. He went "to lean on two friends".

Mr O'Higgins suggested there was no "depopulation" of the accused's herd at the time of the alleged offences. Counsel read out a series of veterinary tests which generally indicated clear results apart from a few "reactors".

The accused repeated his herd had been depopulated around 1991.

Asked why, in his straightened financial situation, he bought a horse at this time, Mr Mulkere said he did a deal for someone else who reneged on it.

Mr Mulkere said he intended to repay the "personal loans" by taking early retirement but denied he had applied for this only after these troubles broke out. He and his wife also contemplated selling their home and other assets.

Mr O'Higgins (with Mr Paul McDermott) also challenged him on his evidence about the purchase of cars for his wife and himself and claimed he told lies to the jury. Mr Mulkere denied this.

The trial continues before Judge Kevin Haugh.