Gilmartin was not given deal on legal costs, says chairman

Planning tribunal chairman Judge Alan Mahon has said there was no arrangement to pay the legal costs of developer Tom Gilmartin.

Mr Gilmartin had been granted immunity from prosecution by the Director of Public Prosecutions on his evidence to the tribunal. However, Judge Mahon yesterday intervened during cross-questioning to clarify that he would be treated like any other witness for his costs.

"Mr Gilmartin may believe he has an undertaking for costs," the judge said. "There is no undertaking on the part of the tribunal."

Tribunal counsel Pat Quinn SC further clarified that Mr Gilmartin's accommodation expenses had been paid, but his legal team had been told the tribunal would not prejudge any costs issue or give any commitment on costs.

Cross-questioning of Mr Gilmartin continued yesterday, after breaking on July 25th last.

Paul Sreenan SC, for developer Owen O'Callaghan who, Mr Gilmartin alleged, told him he paid bribes to politicians including Taoiseach Bertie Ahern, pressed Mr Gilmartin on costs and immunity. After initially remarking that if his costs were not granted, he would "have to reconsider" his position, Mr Gilmartin said he would discuss the situation with his legal advisers.

Mr Sreenan asked him why he thought he should be entitled to immunity from prosecution, which was "a very valuable reward indeed".

"I was persecuted, but I don't know why I'd be prosecuted on top of that," Mr Gilmartin said.

Asked if his £50,000 (€63,000) donation to Pádraig Flynn in 1989, which he insists was a political donation to the Fianna Fáil party, was in fact a bribe, Mr Gilmartin said he never paid a bribe in his life.

"There is no way I would attempt to bribe anybody, that's why I paid the price, Mr Sreenan," he said.

"Or is it the case that having attempted or actually bribed people, you didn't get your permission for Quarryvale and you then turned against them and started making allegations?" Mr Sreenan asked.

"That's a damn lie, Mr Sreenan," Mr Gilmartin replied.

Mr Sreenan pointed out that in evidence to the tribunal in 1998 Frank Feeley, former Dublin city and county manager, said Mr Gilmartin told him he had promised former assistant Dublin city manager George Redmond that he would "see him alright" if his land at Quarryvale was rezoned. Mr Redmond had said there was no need, according to Mr Feeley's evidence.

"If I said that to Mr Redmond he would have bit me hand off," Mr Gilmartin said.

Mr Gilmartin became animated when Mr Sreenan said that he had described Irish emigrants to Mr O'Callaghan as "the barefooted Irish".

"There is no way I would affront them or insult them by calling them barefooted Irish, because they were not," Mr Gilmartin said. "That's an absolute damn lie by your client."

He also said that Mr O'Callaghan had been behind a threat to him by members of the IRA in a pub in Clondalkin in 1990.

Mr Gilmartin said he had been asked for donations for Fianna Fáil by a number of people, including Bertie Ahern, but he had not been threatened by him.

"He invited me to a fundraising do in London," he said.

Mr Sreenan described Mr Gilmartin as a "dishonest person", who was "reckless about the reputation of other people".

Mr Gilmartin said he had never knowingly been reckless.