Catherine Nevin's solicitor was not aware that Judge Donnchadh O Buachalla and Nevin were good friends when he made representations on her behalf for a pub licence to be granted solely in her name, he said yesterday.
Mr Donnchadh Lehane was giving evidence on the first day of Mr Justice Murphy's public inquiry into the handling of the transfer of a licence into Mrs Nevin's name on September 30th, 1997.
On the previous day Judge O Buachalla had signed an order in his chambers enabling the granting of the licence. Mr Lehane said he had "no idea" who had instructed that the meeting should take place privately in chambers.
Cross-examined by Mr Sean Ryan SC, counsel for the inquiry, Mr Lehane said he did not believe the two were friends, "not to the extent that is being alleged now". He said he dealt with Judge O Buachalla because he was the licensing judge in area.
Nevin is currently serving a life sentence for the murder of her husband, Tom, who was killed in March 1996 in Jack White's Inn, the pub they jointly owned.
Mr Lehane said he became involved in attempts to secure the granting of the licence in early 1997 after considerable correspondence had already taken place on the matter between the Revenue Commissioners, Customs and Excise and representatives of Nevin. He said he believed that the 1986 Courts Acts, which automatically renewed licences which were not subject to objection, covered the granting of the licence.
Nevin had already been confirmed as the licence-holder along with her husband in 1986, and she could not then transfer a licence to herself, according to Mr Lehane. He added that three supplementary licences for a restaurant licence and extensions had been granted in September 1996 without objection.
Mr Lehane said he had sent Mr Nevin's death certificate with a correspondence dated May 15th 1997 to Customs and Excise. "I viewed it as an administration matter. I hoped they would note the death of Mr Nevin and the issue could be solved that way."
However, this was not accepted by Customs and Excise, who requested a certificate of transfer of the licence, and Mr Lehane said he sought the advice of the judge. "I thought if I brought it to the District Judge and said this is my difficulty and ask for direction. It was all above board."
In Gorey District Court on June 13th 1997 Judge O Buachalla agreed to sign an authorisation stating he had no difficulty with the transfer of the licence. "I thought that might meet their requirement", Mr Lehane said.
In September 1997, with the deadline of the licensing year approaching at the end of that month, he had discovered that authorisation was not sufficient and that a certificate of transfer was needed.
Mr Lehane said he believed that if Customs and Excise had been given a court order deleting Mr Nevin's name from the licence, rather than a court authorisation, they would have been disposed to grant the licence. Mr Lehane said he drafted an order for Judge O Buachalla at Wexford District Court on September 29th 1997, which the judge later signed.