Lawyers who prompted planning inquiry seek costs

Lawyers Michael Smith and Colm MacEochaidh, whose placing of a newspaper advertisement seeking information on corruption led to the setting up of the planning tribunal, have applied for €90,850 in costs from the inquiry.

Their application was one of 12 heard yesterday by the tribunal chairman, Judge Alan Mahon.

In a separate application, chartered accountant Tom Moore has asked the State to pay more than €7,000 in interest payments on a bank loan.

In July 1995, Newry solicitors Donnelly Neary and Donnelly, on behalf of Mr Smith and Mr MacEochaidh, placed an advertisement in The Irish Times seeking information on planning corruption. Among those to respond was retired executive James Gogarty, who revealed he had participated in paying a €30,000 bribe to Fianna Fáil minister Ray Burke in 1989.

Yesterday Frank Callanan SC, for the two men, said Mr Smith and Mr MacEochaidh had "an obvious public and personal concern and interest" in the proceedings of the tribunal, especially when Mr Gogarty's credibility and motivation came under "sustained attack", Mr Callanan said.

Mr Moore applied for €55,311 in costs, including more than €7,300 in bank interest payments. Solicitor Frank Keane, for Mr Moore, said the interest was paid on a €24,000 bank loan his client took out in order to pay his legal team at the inquiry.

Mr Moore was forced to seek "personal assistance of a financial nature" because his previous solicitors declined to wait until the tribunal decided the matter of his costs and he was facing court proceedings.

Mr Moore counted James Stafford, co-founder of Century Radio, among his personal clients. In 2000, he told the tribunal that Mr Stafford knew about the £35,000 payment Century's other co-founder, Oliver Barry, made to Ray Burke before it was made. This conflicted with the evidence of Mr Stafford, who had claimed to be unaware of the payment until long after it was made.

Mr Keane said his client's "substantial assistance" had enabled the tribunal to "come to a certain view" regarding the knowledge of Century's promoters about the payment.

Lawyers for businessman Denis O'Brien also applied for costs, saying he had co-operated fully with the tribunal. These are estimated at €20,683.

Other applications were made by Donagh O'Donoghue, Bernard Cooke, Campbell O'Connor Stockbrokers, Martin E Marren solicitors, the estate of the late Denis McArdle, Vincent and Beatty solicitors, TV3, Money Markets International Stockbrokers and Brian Phelan.

None of the parties who applied for costs yesterday was granted representation at the tribunal.