Representatives of the company awarded the lease to operate the €62 million National Aquatic Centre in Dublin were locked out on the day it was officially opened, the High Court was told yesterday.
John Moriarty, a director of DWL (Dublin Waterworld Ltd), which secured the lease for operating the pool on April 30th, 2003, said that just after Taoiseach Bertie Ahern opened it on March 10th, 2003, DWL staff were "locked out". At that time, certain contractual documents had not been signed.
He said representatives of CSID (Campus Stadium Ireland Development Ltd), the State company set up in 2000 to arrange for the centre's building and operation, had eventually opened the gates and let them in.
Mr Moriarty was giving evidence in the continuing hearing before Mr Justice Paul Gilligan of an application by CSID for forfeiture of the lease from DWL. CSID alleges multiple breaches of the terms of the lease.
DWL opposes the application.
CSID has also alleged that, unknown to it, DWL had on April 30th, 2003, transferred beneficial ownership of the lease to Limerick businessman Pat Mulcair, who in turn entered into an arrangement with DWML (Dublin Waterworld Management Ltd), a wholly owned subsidiary of DWL, whereby DWML would manage the aquatic centre.
Mr Moriarty said yesterday that after the building was officially opened, he had met David Motherway of Rohcon (the company which secured the contract to build the centre), Laura Magahy of CSID and others. An impasse occurred over the terms of contractual documents.
Mr Moriarty left the meeting with matters unresolved. Later he received a phone call from Mr Motherway saying a licence would be issued subject to certain agreements.
On January 1st, 2005, the roof of the aquatic centre was blown off. This was a "huge concern" for DWL. The centre was closed until May 2005. Because of delays in the repairs, the insurers refused to cover DWL's entire losses. Mr Moriarty said DWL received €1.2 million from the insurers which did not cover costs for when the centre was closed.
The case continues on Tuesday.