Three important files relating to the controversial rezoning of lands at Ballycullen in south Dublin are missing from the county council offices, the tribunal was told yesterday.
The files concern two planning applications and the material contravention of the zoning and an office document about the lands which were rezoned from agriculture to housing in the development at Ballycullen, south of Tallaght.
The tribunal is investigating the payment by landowner Christopher Jones and his companies of £60,000 (€76,000) to lobbyist Frank Dunlop and the lobbyist's claim that he spent £11,000 of this on payments to Dublin county councillors.
In 1992, what was then Dublin county council controversially voted to rezone Mr Jones's farm at Ballycullen, a decision that was confirmed in a second vote a year later.
Yesterday, senior planner in south Dublin county council, Neil O'Byrne, said the three files relating to Ballycullen could not be found and this was unusual.
"Files do go missing but in this case where there are two applications in a relatively small area that would be unusual," he said.
He said he had searched for the missing files for more than an hour. The files related to planning applications and the material contravention. They were not signed out by anybody.
He said he was also unable to locate any minutes of meetings relating to the material contravention. Asked if he was surprised the files were missing, he replied: "Yes, I'd say that I am surprised."
Chairman Judge Alan Mahon asked if it was unusual for files of this nature to go missing. Mr O'Byrne said it was unusual for three files relating to the same planning application to go missing.The chairman asked if he thought the files had been removed from the building as he had conducted a search there.
"It's possible they were removed from the building but I haven't been able to search every room in the building," he said.
He said the system for registering who took out files was brought in in 1997. Former councillor Breda Cass, originally Fine Gael but from June 1991 to 1993 a member of the PDs, and then an independent, said she had meetings with the county manager about Ballycullen. Patricia Dillon SC, for the tribunal, said Mr Dunlop had diary entries in 1992/93 to ring her.
Ms Cass said she had no recollection of that whatsoever. She had no contact with Mr Dunlop. She had met Mr Jones in relation to the land when she was in the council. She told him she did not agree with the density.
Asked if she ever had discussions with the Tánaiste, Mary Harney, about Ballycullen, she said she had not. Ms Dillon asked if she ever had donations from Mr Dunlop or Mr Jones. She replied she had not.