Mahon tribunal: Tribunal judges have warned a land agent about his evidence after he failed to mention a controversial land deal from which he received a £600,000 payment.
Tim Collins denied deliberately misleading the inquiry over his involvement in the acquisition by Deepriver Ltd of the Battle of the Boyne site at Oldbridge, Co Meath.
Mr Collins is a close associate of the Taoiseach's and a trustee of Bertie Ahern's constituency office. He told the tribunal yesterday he was not a political person and was not a member of any political party.
Tribunal judges said they found it astonishing and extraordinary that Mr Collins had failed to mention the Deepriver deal until the inquiry's lawyers drew attention to his 12.5 per cent share in the company.
Deepriver bought the land for £2.7 million in 1997 and sold it to the State for £7.4 million two years later after the Government decided to acquire the historic site. Mr Collins denied having a similar arrangement - under which he would be given a share of the profit - in relation to the property currently under investigation by the tribunal at Lissenhall, north Dublin.
Lobbyist Frank Dunlop alleges he told Mr Collins and the owners of the Lissenhall land that money would have to be paid to county councillors to get it rezoned. Mr Collins, who introduced Mr Dunlop to the Lissenhall land, denies this claim.
Mr Collins said his job was to bring people together on land deals and, if they were developed, to seek a finder's fee. Asked if he had ever been given a share of land as part of a deal, he replied "never in my life" and "categorically not".
Patricia Dillon SC, for the tribunal, then presented the witness with a document setting out his involvement in the Deepriver project.
Tribunal chairman Judge Alan Mahon said he found it extraordinary that the witness could not remember Deepriver. Mr Collins said he and solicitor Liam Moran were sourcing land for the McCann family and came across a site in Drogheda.
The McCanns bought the 700-acre site and gave him 12.5 per cent of it. He subsequently sold his stake for £600,000. His earlier evidence was mistaken, he agreed. He thought the question related only to Lissenhall. He had no stake in Lissenhall, where the only agreement he had with its owner Joe Moran was for the payment of a finder's fee if the lands were developed.
Judge Gerald Keys urged the witness to "stop beating around the bush". It was astonishing that he had had no recollection until presented with the Deepriver agreement.
"I get the impression you are not being forthcoming with us." Mr Collins: "I'm sorry if you feel that way". He hadn't thought it was relevant. Pat Reynolds, barrister, for Mr Collins, said it was premature for the tribunal to be jumping to conclusions about Deepriver. It was unfair to assume that his client was being evasive.
Judge Mahon said the tribunal was not jumping to conclusions.
There were a number of contradictions in Mr Collins' evidence and his recollection was vague and poor "even to a greater extent even than we might normally be used to".
"This happens with the tribunal a lot and is one of the reasons the tribunal has to proceed so painstakingly. People find it difficult to recollect important information until a document is put before them and then they seem to be able to recollect."
Ms Dillon outlined a further seven land deals, in addition to Deepriver, in which Mr Collins shared up to 12.5 per cent of the profits in return for his involvement.
She suggested the witness had forgotten about these, too.
Earlier, Mr Collins agreed his original statement to the tribunal was incorrect in stating he had "no direct relationship, business or personal, with Frank Dunlop".
Mr Dunlop contradicted this in his evidence and pointed to numerous references to Mr Collins in his diary and phone records.