Gogarty `told pension would not be settled if he did not sign affidavit'

Mr James Gogarty was presented with an affidavit to sign in a bedroom in Killiney Castle Hotel in 1989 and told that if he did not sign it, his pension difficulties would not be resolved, Mr Gogarty told the Flood tribunal yesterday.

Mr Gogarty said a former chief executive of JMSE, Mr Liam Conroy, was taking a case in the Isle of Man for unfair dismissal. In the course of this case certain allegations would be made which Mr Joe Murphy was anxious to refute. Because of this, Mr Murphy wanted Mr Gogarty to lodge a counter-affidavit.

Mr Gogarty told the tribunal that following a meeting in London at which his pension entitlements were discussed, he received a call at home from Mr Murphy's London-based solicitor, Mr Christopher Oakley of Pickering Kenyon, who was staying at Fitzpatrick's hotel in Killiney.

He was invited to meet Mr Oakley at the hotel and when he arrived Mr Oakley asked him up to his bedroom where he produced a draft affidavit and asked Mr Gogarty to sign it.

However, Mr Gogarty said he was unhappy with aspects of the affidavit and suggested he get his own legal opinion.

"Well, he says, two things I must point out to you if you do that and the first is this, that you will bear your own costs . . . the second is this, that if you don't swear that affidavit, your pension is deferred, won't be resolved."

Mr Gogarty insisted that the solicitor had confirmed the warning in writing and a letter to this effect from Mr Oakley was on file, and when the letter could not be immediately found, he became distressed.

"There's a letter on file. I am asking you, please in the name of God, produce all the facts, warts and all as I says, that's all I am saying. That's all I am saying. That letter has to be dug up."

Mr Gogarty said following the meeting he contacted his own solicitor, Mr Gerard Sheedy of McCann Fitzgerald, who corresponded with the London solicitors as attempts were made to hammer out an agreement on his pension entitlements throughout 1989.

Issues in the agreement related to a £300,000 payment on behalf of the Murphy group to set up a pension for Mr Gogarty, a five-year consultancy package at Mr Gogarty's final salary of £23,500, a company car, vouched expenses and the supply of a telephone.

A separate agreement based on commission from monies due from the ESB was also negotiated but its inclusion as part of the retirement pension was disputed by him.

While Mr Gogarty said a number of the original details worked out at the London meeting were later amended in correspondence and he was unhappy with aspects of the ESB commission deal, he agreed to it "to be finished".