Gogarty awarded €3.5m in costs

James Gogarty, the retired building company executive whose whistle-blowing led to the downfall of former minister Ray Burke, has been awarded legal costs, estimated at over €3.5 million, by the planning tribunal.

The chairman of the tribunal, Judge Alan Mahon, yesterday awarded costs to 10 parties who have appeared before the tribunal, including Mr Gogarty and Minister for Foreign Affairs Dermot Ahern, whose costs are estimated at almost €270,000.

In a decision with far-reaching implications for the overall cost of the tribunal, Judge Mahon said witnesses who had fully co-operated with the inquiry and gave truthful evidence to it, and against whom no adverse findings were made, should be awarded their costs "save in exceptional circumstances".

The decision means that hundreds of witnesses who have appeared before the tribunal are likely to be awarded their costs. Judge Mahon has already refused costs to a small number of significant witnesses who were found not to have co-operated with the inquiry, such as Mr Burke.

While most parties have submitted estimates of their costs to the tribunal, these are not binding.

Ultimately, the actual amount paid by the Exchequer in each case will be determined by the Taxing Master of the High Court.

Judge Mahon said he had not commented on the estimates submitted by the various parties because it was for the Taxing Master to adjudicate on the sum to be paid.

"The absence of comment by me on the estimated figures put forward by the parties is not to be taken as an acceptance on my part that the sums claimed are appropriate or otherwise."

In yesterday's decision, the chairman defied a submission from the Minister for Finance and the precedent set in earlier tribunals by awarding costs to two public bodies, RTÉ and the Independent Radio and Television Commission (now the Broadcasting Commission of Ireland).

Whereas the Whiddy and Stardust tribunals refused costs to local authorities, Judge Mahon decided it was appropriate and equitable for him to grant costs to RTÉ and the IRTC.

He described RTÉ, which is seeking €490,000 in costs, as "largely a self-financing organisation" from whom it would not be reasonable to refuse costs.

The IRTC is a "completely independent body" funded partly from the Exchequer and partly from licence fees and it was therefore appropriate to pay its costs, which are estimated at €134,000.

In awarding Mr Gogarty his costs, Judge Mahon said he had given evidence over a lengthy period of time and had co-operated with the inquiry. There were no adverse findings against Mr Gogarty in the interim reports of the tribunal.

On the application of Mr Ahern, Judge Mahon said the politician had fully co-operated with the tribunal over a significant period of time.

No adverse finding or comment had been made about him in the tribunal's interim reports.

Journalist Frank Connolly and Post Publications were also awarded their costs, estimated at €170,000.

Both parties co-operated with the tribunal and no adverse findings were made against them.

In awarding costs, estimated at €71,000, to financier Dermot Desmond, the judge said the fact that Mr Desmond was a wealthy individual could not be a factor in denying him his costs.

Other parties who were awarded their costs yesterday were retired builder Batt O'Shea (€35,000), company executive Marcus Sweeney (€348,000) and the estate of the late Maeve McManus, a former secretary to show business impresario Oliver Barry (€44,000).