Dennis O Brien & The Clinton Foundation

Sep 19, 2016

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US Republican Party strategist Karl Rove discusses Denis
OBrien, Digicel and Haiti on Bill OReillys show on Fox News
during an item on Hillary Clinton and the Clinton Foundation..
Any content used is used under The Fair Use Acts.

https://www.youtube
.com/watch?
v=ydOXJdGb8sg&fe
ature=youtu.be
Denis O'Brien lashes out at the Moriarty
Tribunal
Jul 27, 2009
Irish Businessman Denis O'Brien lashed out at the Moriarty
Tribunal in a series of interviews he gave to Irish Sunday
newspapers on Sunday July 26th 2009. The Moriarty Tribunal is
investigating the granting of Ireland's second mobile phone
licence in 1996 to Mr O'Brien's company, ESAT digifone. Irish
broadcaster and journalist, Karen Coleman discussed Denis
O'Brien's press interviews on Moriarty with her guests on her
show, The Wide Angle on Newstalk106-108 on Sunday 26th
July '09.

https://www.youtub
e.com/watch?
v=zt3yAJv5_5k
Joe Higgins TD questions Enda Kenny on
the Moriarty Report during Leaders'
Questions (29-03-11)
Mar 30, 2011
Joe Higgins TD questions Enda Kenny on the Moriarty Report
and the connections between Fine Gael, Michael Lowry and
Denis O'Brien during Leaders' Questions.

https://www.youtub
e.com/watch?
v=dYout8OJj0s
Taoiseach rules out new Moriarty Probe
into Michael Lowry
Feb 26, 2013

https://www.youtub
e.com/watch?
v=r_GkySIQgGg
Michael Lowry/Kevin Phelan phonecall
tape lowry tapes

Apr 14, 2013

Michael Lowry and Kevin Phelan discuss Vineacre, the Glebe
Trust and Moriarty Tribunal.

https://www.youtube.com/watch?v=PNzuM4Bxs_o

Oliver Callan on the Healy Raes, Michael

Lowry and Denis O'Brien
Apr 22, 2016
Oliver sails close to the wind here on the Late Late Show. Have
a look

https://www.youtube.com/watch?v=eRneCyXka4s

Oliver Callan - Callan Kicks The General

Election | The Late Late Show | RT One
Feb 19, 2016
Watch The Late Late Show live and on-demand from anywhere
in the world at http://www.rte.ie/player
The Late Late Show | Fridays | RT One, 9:35pm Irish Time

https://www.youtube.com/watch?v=bdwH2SaPiKM

They say Freudian slips are where the truth may lie...

Denis O'Brien's Freudian slip on RT Six

One
May 29, 2015
Remember the time Denis nearly admitted to paying Michael
Lowry when interviewed by Bryan Dobson?
http://www.rte.ie/news/2011/0322/2989...
http://www.moriarty-tribunal.ie

https://www.youtube.com/watch?
v=RIIzmK0ayoI&feature=youtu.be

Denis OBrien speaks on Digicels IPO |

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https://www.youtube.com/watch?
v=aBPjnRGu3uk
Global Irish Economic Forum: Denis
O'Brien
Oct 7, 2011
For more go to http://www.rte.ie/news/2011/1007/glob...

https://www.youtube.com/watch?
v=Yw6J063awQo

Discussing Haitis Economy, Denis

OBrien Calls 1960 Ireland An Economic
Wasteland"
Sep 28, 2015

https://www.youtube.com/watch?v=IXfoTBFoA-E

Enda Kenny and Joan Burton on Budget

2016 | The Late Late Show | RT One
Oct 16, 2015
Oliver Callan's cast of characters gives his unique take on this
year's Budget 2016.
Watch The Late Late Show live and on-demand from anywhere
in the world at http://www.rte.ie/player
The Late Late Show | Fridays | RT One, 9:35pm Irish Time

https://www.youtube.com/watch?v=RTpCW2_pFtk

Infamous IPhone Joan Burton remark

Nov 8, 2014
Joan Burton insinuates that ordinary people shouldnt be able to
afford smartphones and tablets. She is also highly annoyed
that people can now record illegal state activity and be called
on it. There have been numerous videos of state terrorism
through the police force at peaceful protests all around Dublin
and the country.

https://www.youtube.com/watch?v=b9sQe9ZVDys

2014/11 GARDA BRUTALITY AND NO

RIGHT TO PEACEFUL PROTEST
Nov 18, 2014
Disgraceful Garda acts.
WARNING FROM GARDA INSIDER:
"Gardai have been ordered in a directive from government
buildings and Fine Gael HQ to remove water protesters and use
whatever methods necessary. They also ordered to discredit
the protests by any means and to confiscate any recording
equipement used by such protesters."
Following the disgraceful attack with untruths spread by the

Denis O`Brien media empire about ordinary citizens peacefully

protesting against water meter installation in North Dublin.
Audrey Clancy (Dublin says no) responds to this attempt by the
Government and O`Briens Media to blackened the name of
protesters who have Successfully put this Government on the
ropes

https://www.youtube.com/watch?v=DN6c2AZ7ES8

Right To Water - Garda

Brutality/Unnecessary Force - Irish Water
Protest in Dublin, Ireland
Nov 16, 2014
Scenes from todays Anti-Irish Water protest against Taoiseach
Enda Kenny which involved three uniformed Garda pulling a
woman from the bonnet of a car and throwing her to the
ground with blatant disregard for her safety. The video was
originally posted by Edenmore Says No but as I was so affected
by the hurt caused I chose to download the video and remind
those involved on theri Mandate to Irish people. I recognise the
fact that Gardai aren't the real enemy but they are acting on
orders from those in power. Representing that power in an
abusive and forceful way is not in agreement with their statute
of operations. This poor girl has a right to protest, the Garda
have an obligation to protect that right as well as protect her
general safety, the abuse which took place in this video
completely disregarded this womans right to both protest and
her have her well being intact. Ad at beginning is autogenerated, please ignore.
https://www.youtube.com/watch?v=0v33cxzPcps

Clarehall Garda decide to charge at

peaceful protesters
Clarehall Garda decide to charge at
peaceful protesters
https://www.youtube.com/watch?v=16FAs_LbFaE

Joan Burton hit by water balloon in

Jobstown Tallaght
Nov 15, 2014

https://www.youtube.com/watch?v=tzKz69VkYJE

GOOD COP / BAD COP?

Jul 28, 2016
This first cop knows the law and admits he is not allowed to
park (unless there's an emergency) on double yellow lines. The
second cop (who assaults a woman for no reason and treats
her in a manner that is the antithesis of the oath he took as a
garda) is scarily out of control. This is Store Street, where,
allegedly, corruption is as common as cups of tea...

https://www.youtube.com/watch?v=98zVHYCoSvQ

Trumps Press
Release re Denis O
Brien in full
SEPTEMBER 29, 2016

To date, no Irish media reprinted any of the specific

content within Donald Trumps press release about
Denis O Briens links to the Clinton Foundation,
and Clinton family.
Whats even more striking, no media outlet even
offers a hyperlink in its own self censoring coverage
to the actual press release itself.

The press release is in full below. As we can see,

none of it is original content, or even amounts to
any sort of political analysis. Its simply copy paste
of pieces, mostly uncontested facts already written
online. Much of it from within Ireland.
Irish media outlets might consider their choice not to
link or include any specifics outlined within ( eg O
Briens donating to the Clinton Foundation whilst
getting contracts from the US state department for
mobile phone contract in Haiti) as pragmatic.
That Im afraid is internalised logic, which any
observer can see is based on internalising a fear of
O Briens power and justifying something politica as
a business decision. And thats a much bigger
news than any copy paste job Trumps team fires
out.

Update: 12.49. Hattip to Marcus OCuilleanin for

this link
Upon legal advice, RT will not be repeating the
exact words used in the statement 1:27mins
Heres the presser in full.
Image designed and courtesy of Eamonn Crudden
SEPTEMBER 28, 2016

FOLLOW THE MONEY:

DENIS OBRIEN
ANOTHER CORRUPT
CLINTON FRIEND

DENIS OBRIEN IS A BILLIONAIRE CELL

PHONE TYCOON WITH CLOSE TIES TO THE
CLINTONS AND ALSO ONE OF THE MOST
REVILED FIGURES IN IRELAND
Denis OBrien Is A Cell Phone Tycoon Who
Owns Digicel, A Mobile Phone Network
Provider That Operates In Central America, The
Caribbean, And The Pacific Islands. Cell phone
tycoon Denis OBrien runs and owns 94% of
Digicel, a mobile phone network provider that
operates in Central America, the Caribbean, and

the Pacific Islands. The company was supposed to

hold its initial public offering on the New York Stock
Exchange in 2015 but pulled it in October due to
volatility in the markets. In recent years, OBrien
has been on a deal-making binge in Ireland,
snapping up distressed assets on the cheap and
turning them around. (#219 Denis OBrien,
Forbes, Accessed 4/26/16)
NOTE: As Of April 26, 2016, OBrien Is Worth
$6.1 Billion USD. (#219 Denis OBrien, Forbes,
Accessed 4/26/16)
OBrien Also Founded The Esat Telecom Group
PLC And Is The Chair Of The Clinton Global
Initiative Haiti Action Network. OBrien also
founded the Esat Telecom Group plc. He is a
Director on the US Board of Concern Worldwide, a
member of the UN Broadband Commission for
Digital Development, and chair of the Clinton Global
Initiative Haiti Action Network. In addition, he is
Chairman and Co-Founder of Frontline, the
International Foundation for the Protection of
Human Rights Defenders. In 2000, he established
The Iris OBrien Foundation to identify and assist
projects in Ireland and internationally which aim to
alleviate disadvantaged communities. (Clinton
Foundation Website, Accessed 4/26/16)
OBrien Is One Of The Most Reviled Figures In

Ireland Over Revelations About His Business

Affairs. OBrien is Irelands leading philanthropist
but now also one of the most reviled figures there. It
is an extraordinary paradox that surrounds his
business success how he made his fortune and
now how he is handling revelations about his
banking and business affairs. For a man described
by Clinton as changing the world more than anyone
else for the betterment of the poor recent negative
press provides a dizzying contrast. (James OShea,
Clintons Close Friend Denis OBrien Battles
Massive Criticism In Ireland, Irish Central, 6/8/15)
OBrien Is A Major Clinton Foundation
Supporter And Bill Clintons Friend

(Clinton Foundation Website, Accessed 4/26/16)

Denis J. OBrien And Digicel Cumulatively
Donated $10,000,001 To $25,000,000 To The
Clinton Foundation. (Contributor And Grantor
Information, Clinton Foundation Website, Accessed
4/26/16)
Bill Clinton And OBrien Developed A Close

Working Relationship During Their Work

Together In Haiti. Mr Clinton and Mr. OBrien
formed a close working relationship in Haiti where
the former acted as UN special envoy, and where
Digicel has become the countrys largest foreign
investor ever pumping $600 million (443 million)
into an economy devastated by the 2010
earthquake.(Joe Humphreys, Bill Clinton Visit
Cements Close Working Relationship With Denis
OBrien, The Irish Times, 10/10/13)
Chelsea Clinton Thanked OBrien For His
Tireless Leadership In Haiti. CHELSEA
CLINTON: And again, I want to thank Denis
OBrien for his tireless leadership, as well as also
getting Ruth Messenger a chair proving indeed
that chivalry is alive and well. Without his sort of
dogged commitment, I dont think we would have
had the success rate that he is so rightly proud of
and that we are so rightly grateful to be part of. So, I
want to welcome Adam to the stage to help lead the
conversation, but I also would ask all of you to
please give Denis who is far too humble a round of
applause. (Chelsea Clinton, Remarks At The 2015
Clinton Global Initiative Annual Meeting, New York,
NY, 9/27/15)
In 2011 OBrien Flew Bill Clinton To Ireland On
His Private Jet So That Clinton Could Speak At

The Global Irish Economic Forum. In 2011, Mr

Clinton flew to Ireland on Mr OBriens private jet to
attend the Global Irish Economic Forum in Dublin
Castle, which was hosted by Taoiseach Enda
Kenny. (Joe Humphreys, Bill Clinton Visit Cements
Close Working Relationship With Denis OBrien,
The Irish Times, 10/10/13)
On The Same Trip, OBrien Picked Up The
Restaurant Tab For His Mate Clinton And 23
Others. He has an honorary doctorate from UCD
and is a mate of former US President, Bill Clinton.
Indeed, he flew him to the recent Dublin Castle
beano in his jet, and later paid the tab for a latenighter in the Unicorn restaurant with Clinton, the
strangely ever-present Samus Heaney and 22
others. (Denis OBrien: A Complicated Career And
Dubious Ethics, Village, 12/14/11)
President Clinton Named Denis OBrien As A
Clinton Global Citizen In 2012. The Clinton
Global Citizen Awards recognizes individuals from
various sectors who demonstrate visionary
leadership in addressing global challenges. Carlos
Slim Hel, founder of Fundacin Carlos Slim; Luis
A. Moreno, president of Inter-American
Development Bank; Denis OBrien, chairman and
founder of Digicel Group; Pepe Julian Onziema,
programme director and advocacy officer of Sexual

Minorities Uganda (SMUG); The Right Reverend

Christopher Senyonjo, executive director of St.
Pauls Reconciliation and Equality Centre; and Katie
Stagliano, founder and chief executive gardener of
Katies Krops, will accept awards this year.( Press
Release, President Clinton to Honor Six Recipients
at the Sixth Annual Clinton Global Citizen Awards,
The Clinton Foundation, 9/24/12)
In 2012, Clinton Rated OBriens Ideas To Make
Cash Transactions Available For The Poor
Through Cell Phones As The Number One Idea
Changing The World. Former president Bill
Clinton wrote in a September 2012 Time Magazine
cover story that Irish businessman Denis OBriens
move to make cash transactions available for the
poorest in the world via cell phones was the number
one idea in changing the world. The Time cover
story featuring Clinton holding a globe is entitled 5
Ideas that are changing the World and OBriens
idea was rated tops. (James OShea, Clintons
Close Friend Denis OBrien Battles Massive
Criticism In Ireland, Irish Central, 6/8/15)
OBrien, Described As A Friend, Was The Main
Facilitator And Benefactor For Clintons Speech
At A 2013 Gathering For The One Percent
Difference Campaign. Bill Clintons third speaking
engagement in Ireland in as many years was

facilitated largely by his friend and fellow

philanthropist Denis OBrien. The billionaire
chairman of the Digicel telecoms group helped to
cover the cost of the visit along with a number of
other private donors. Opening his speech, Mr.
Clinton thanked Mr OBrien personally for the
invitation. (Joe Humphreys, Bill Clinton Visit
Cements Close Working Relationship With Denis
OBrien, The Irish Times, 10/10/13)
OBrien Is A Fan Of Hillary Clintons And
Hosted A 2012 Dinner For Her While She Was
Secretary Of State
According To A 2014 Interview, OBrien Is A
Fan Of Hillary Clintons. ODOWD: Speaking of
politicians, you are a big fan of Hillary Clinton. Do
you think she is going to run for the White House in
2016? OBRIEN: Id say she is going to see what
the lay of the land is, like any clever politician, to
see whos there on the Democratic side. I think a
year out from the primaries last time, not a lot of
people had heard of Obama and never saw him as
a serious candidate, so obviously she is waiting to
see whos there. And yes, I am a fan. (Niall
ODowd, Exclusive: Denis OBrien On Tony
OReilly, Hillary, Ireland, And Making A Difference,
Irish Central, 9/27/14)
In 2012, OBrien Hosted A Dinner For Hillary

Clinton During Her Visit To Dublin. There was

lots of reminiscing the day before in Dublin too
when about 12 of us old-time Hillary supporters sat
with her in a Dublin restaurant at a dinner hosted by
businessman Denis OBrien. In the small private
dinner setting just off Stephens Green in Dublin she
made clear that the fire still burns. The affection for
Ireland and the desire to serve again was very clear
that night. (Niall ODowd, Hillary Clinton Book
Recalls Role In Irish Peace Process, Irish Central,
6/11/14)
OBriens Company Received Funds Overseen
By A Top Clinton Aide To Develop Mobile
Services In Post-Earthquake Haiti
In 2011, OBriens Company Digicel Was
Awarded a $2.5 Million Award From Funds
Overseen By A Top Clinton Aide To Develop
Mobile Services In Haiti. Irish billionaire Denis
OBrien, who heads a mobile-phone network
provider called Digicel, won a $2.5 million award in
2011 from a program run by the State Departments
U.S. Agency for International Development to offer
mobile money services in post-earthquake Haiti.
The firm won subsequent awards. Funds for the
awards were provided by the Bill and Melinda Gates
Foundation, while USAID administered the program,
with a top Clinton aide directly overseeing

earthquake aid. (James V. Grimaldi, Rebecca

Ballhaus, And Peter Nicholas, Gifts To Hillary
Clintons Family Charity Are Scrutinized In Wake Of
Book, The Wall Street Journal, 4/22/15)
OBRIEN FACES CONTINUED INVESTIGATIONS
INTO HIS QUID PRO QUO DEALINGS WITH
IRISH POLITICIANS
An Irish Tribunal Determined That OBrien
Received Significant Aid From Michael Lowry,
The Irish Communications Minister, In
Obtaining A Valuable Telecom License
The Irish Moriarty Tribunal Concluded Beyond
Doubt That OBrien Had Received Substantial
Help In Obtaining A Lucrative Mobile License
From Then Communications Minister Michael
Lowry. The Moriarty tribunals second and final
report has found that Michael Lowry assisted Denis
OBrien in his bid to secure a mobile phone contract
for Esat Digifone. It concluded it is beyond doubt
that then minister for transport, energy and
communications Mr Lowry gave substantive
information to Denis OBrien, of significant value
and assistance to him in securing the [mobile]
licence. It said Mr Lowry and Mr OBrien had at
least two meetings during the bid process at which
the former minister imparted substantive
information to Mr OBrien of significant value and

assistance to him in securing the licence.

(Moriarty Says Lowry Helped OBrien Win Mobile
Licence, The Irish Times, 3/22/11)
OBrien Transferred A Substantial Amount Of
Money To Lowry And His Party Around The
Time His Firm Was Seeking A Mobile License
OBrien Gave Lowrys Political Party A 50,000
Donation The Year The Contract Was Granted.
The minister was then a member of the Fine Gael
party, which was also offered a donation amounting
to 50,000 (43,400) from OBrien in the year the
contract was granted. The-then prime minister, John
Bruton, later sent the money back. (Henry
MacDonald, Former Irish Minister Michael Lowry
Accused Of Collusion Over Telecoms Bid, The
Guardian, 3/22/11)
The Moriarty Tribunal Found That The Payment
Was Made On Behalf Of Esat Digifone At The
Instigation And Promotion Of Denis OBrien. It
said this payment was made in a manner which,
having regard to its false and misleading
documentation, the initial payment to an offshore
Jersey account, and the eventual delays and
misrepresented form of transmission to Fine Gael,
was secretive, utterly lacking in transparency and
designed to conceal the fact of such payment by or
on behalf of the donors. The tribunal has found that

the payment, although not one ever intended for Mr

Lowry personally, was nonetheless one that
technically falls within its terms of reference and
was a payment to Fine Gael, on behalf of Esat
Digifone at the instigation and promotion of Denis
OBrien. (Moriarty Says Lowry Helped OBrien Win
Mobile Licence, The Irish Times, 3/22/11)
The Moriarty Tribunal Concluded That OBrien
Transferred 150,000 To Lowry In Several Secret
Transactions. Clandestine money transactions
took place between OBrien and Lowry in return for
the ministers support, according to Mr. Justice
Moriarty, the tribunals chairman. The report said
that at one stage, while Lowry was communications
minister, he received a sum amounting to 150,000
from OBrien. (Henry MacDonald, Former Irish
Minister Michael Lowry Accused Of Collusion Over
Telecoms Bid, The Guardian, 3/22/11)
Over The Course Of Four Years, OBrien Would
Provide An Additional 720,000 In Payments
And Loan Support To Lowry. Within four years of
this first encounter, OBrien had, the tribunal tells us,
donated almost IR1m in clandestine
circumstances to Lowry through loan support and
payments. These came in three separate
instalments; the first happened to occur less than
seven weeks after the mobile phone licence had

been granted. It included IR147,000, Stg300,000

and a benefit equivalent to a payment, in the form
of loan support, of Stg420,000.(Elaine Byrne,So
Whos Afraid Of Denis OBrien? Enda Kenny Is,
Sunday Independent, 10/16/11)
OBrien Tried To Spoof A Company Executive
Into Releasing Funds For A Payment To Lowry
That OBrien Wanted To Make. Some time
afterwards Mr. OBrien told Esat executive Barry
Moloney that hed tried to make a payment to Mr.
Lowry but the payment had got stuck with an
intermediary. Mr. OBrien later told his Esat
colleagues that this was a spoof designed to get Mr.
Moloney to release some funds Mr. OBrien wanted
released. (Colm Keena, Next Moriarty Report
Focus On OBrien, Lowry, The Irish Times, 1/8/07)
OBriens Company At The Time Was Seeking A
Mobile Phone License, Which Was Later Sold
Off To British Telecom. At the time OBriens Esat
Digifone conglomerate was trying to gain a mobile
phone licence which had been put out to public
tender in 1995. OBrien later sold that licence to
British Telecom, netting his business hundreds of
millions of euros. (Henry MacDonald, Former Irish
Minister Michael Lowry Accused Of Collusion Over
Telecoms Bid, The Guardian, 3/22/11)
The Moriarty Tribunal Described OBriens

Transactions Were Demonstrably Referable To

The Acts And Conduct Of Mr. Lowry. The final
Moriarty tribunal report was published in March
2011. It found Mr Lowry secured the winning of the
States second mobile phone licence competition for
Mr OBriens consortium, Esat Digifone. It also
found Mr OBrien made payments to, and supported
a loan to, Mr Lowry and that the transactions were
demonstrably referable to the acts and conduct of
Mr Lowry. The two men have said the tribunal was
wrong in its findings. (Colm Keena, Cab Seeks To
Question Denis OBrien On Tribunal Findings, The
Irish Times, 1/9/16)
The Irish Criminal Assets Bureau Continues To
Investigate OBrien After Gathering Further
Material Regarding His Telecom Bid
The Irish Criminal Assets Bureau Will Be
Interviewing OBrien Over The Moriarty
Tribunals Findings After Gathering Further
Material About The Matter. The Criminal Assets
Bureau will look to interview businessman Denis
OBrien about the findings of the Moriarty tribunal
report after it has gathered further material,
according to a source with knowledge of the matter.
While a number of relevant witnesses have already
been interviewed, an interview with Mr OBrien has
yet to take place but will be sought, according to the

source. (Colm Keena, Cab Seeks To Question

Denis OBrien On Tribunal Findings, The Irish
Times, 1/9/16)
NOTE: The Criminal Assets Bureau Is The
Agency That Identifies Money Gained Through
Serious Crime. Denis OBrien, Irelands largest
media owner, is being investigated by the countrys
Criminal Assets Bureau (CAB), the agency that
identifies money gained through serious crime.
(Roy Greenslade, Denis OBrien Under
Investigation By Irelands Criminal Assets Bureau,
The Guardian, 1/11/16)
OBRIENS PURCHASE OF A DEBT-RIDDLED
COMPANY COST IRISH TAXPAYERS 110
MILLION
In 2012, OBrien Purchased A Company Whose
Debt, Caused By His Endless Buying And
Selling Of Property Was Partially Offset By
Irish State Funds. In 2012 OBrien acquired for
45.4 million, Siteserv, a construction company that
was buying up numerous other property companies
during Irelands short lived economic boom. At the
time of purchase, OBrien owed IBRC, the state
owned-bank, hundreds of millions of euros.
Siteserv, like many companies who went bankrupt
during this financial apocalypse in Ireland, pace
2008, were previously allowed to run riot on a never

ending spending spree, supported by Anglo Irish

Bank. By purchasing Siteserv, another company
riddled with Anglo Irish Bank-fuelled debt, OBrien
was effectively buying from the state an asset
riddled with debtmuch of which he helped create
through his endless buying and selling of property.
(J.P. OMalley, Why Is The Irish Government
Scared of Billionaire Denis OBrien?, The Daily
Beast, 6/12/15)
The Sale Of The Company To OBrien
Therefore Cost The Irish Taxpayer 110 Million.
The sale of Siteserv to OBrien also had another
favorable condition: IBRC agreed to write off over
100million of Siteservs debt. And shareholders
received 5million from the sale. The sale of the
company to OBrien therefore cost the Irish taxpayer
110 million. (J.P. OMalley, Why Is The Irish
Government Scared of Billionaire Denis OBrien?,
The Daily Beast, 6/12/15)
OBRIEN ATTEMPTS TO SILENCE POLITICIANS
AND JOURNALISTS WHO CRITICIZE HIM
OBrien Has Previously Injuncted Or Initiated
Defamation Proceedings 24 Times Against 42
Media Outlets. (J.P. OMalley, Why Is The Irish
Government Scared of Billionaire Denis OBrien?,
The Daily Beast, 6/12/15)
In 2016, OBrien Sued The Irish Revenue

Commissioners And Claimed They Breached

His Privacy By Providing Details Of His Tax
Liability To The Media. Businessman Denis
OBrien is suing the Revenue Commissioners
claiming they breached his privacy by providing
details of his tax affairs to the media. He claims the
alleged disclosure arose from a document Revenue
provided to certain news organisations during a
case arising out of his tax liability for 1999/2000
relating to the sale of his shares in Esat Telecom to
BT Hawthorn Ltd. Revenue deny his claims and say
almost all the information came from a public High
Court hearing. (Denis Obrien Sues Revenue For
Breach Of Privacy, The Irish Times, 3/16/16)
In 2015, OBrien Succeeded In Getting An
Injunction Against Media Outlets Reporting On
A Speech In The Irish Parliament That Criticized
His Banking Arrangements. As I wrote in May
this year, most of Irelands media were silenced
after OBrien obtained a Dublin high court injunction
against the countrys main broadcaster, RT, in
order to prevent it reporting a parliamentary speech.
That injunction was eventually clarified, which
allowed the speech to be reported. (Roy
Greenside, Why Does Irish Media Mogul Denis
OBrien Launch So Many Legal Actions?, The
Guardian, 10/29/15)

OBrien Sued The Parliamentary Committee

That Cleared The MP Who Criticized Him For His
Banking Arrangements. The speech that upset
OBrien was made by Catherine Murphy TD, who
raised questions over his banking arrangements.
When she was cleared of having abused her
parliamentary privilege by a Dil committee, OBrien
then started legal action against the committee.
(Roy Greenside, Why Does Irish Media Mogul
Denis OBrien Launch So Many Legal Actions?,
The Guardian, 10/29/15)
The Irish Times: OBriens Case Is Ill-Judged
And Dangerous, A Regrettable Move By A
Wealthy Serial Litigator. That is also the clear
purpose of the writers of the Constitution. Any other
interpretation, however tempting to judges
instinctively distrustful of the imperfection of political
decision-making, will set the judiciary on a course of
confrontation with parliament that it will rue,
irrespective of the merits of Mr OBriens cause. His
case is ill-judged and dangerous, a regrettable
move by a wealthy serial litigator. He should
withdraw it. (Editorial, In Defence Of Privilege,
The Irish Times, 8/5/15)
OBriens Injunction Was Branded As A

Constitutional Crisis. But numerous journalists

and politicians branded this particular injunction as
a constitutional crisis. The Irish Constitution allows
for all statements that are made in its national
parliament to be protected by parliamentary
privilege. By gagging his critics, OBrien was
potentially creating a precedent in Ireland where a
private individual was dictating what could and
could not be reported from the national parliament
to the press. (J.P. OMalley, Why Is The Irish
Government Scared of Billionaire Denis OBrien?,
The Daily Beast, 6/12/15)
In August, He Threatened To Sue A Satirical
Website, Waterford Whispers, For Running A
Spoof Item About OBrien. The Post Was Duly
Taken Down. (Roy Greenside, Why Does Irish
Media Mogul Denis OBrien Launch So Many Legal
Actions?, The Guardian, 10/29/15)
In 2013, OBrien Won A Defamation Claim
Against A Paper That Covered His Earthquake
Relief Efforts. In February 2013, he won 150,000
damages in a successful defamation claim against
the Irish Daily Mail over an article published in 2010
about OBriens Haiti earthquake relief efforts. The
Mails solicitor said after the verdict that it was a sad
day for freedom of expression in Ireland. (Roy

Greenside, Why Does Irish Media Mogul Denis

OBrien Launch So Many Legal Actions?, The
Guardian, 10/29/15)
In 2012, Transparency International Voiced
Concerns About OBriens Legal Actions
Against Journalists. In November 2012, an
organisation called Transparency International
Ireland voiced concerns to the United Nations over
the number of OBriens legal actions. It cited figures
compiled by the National Union of Journalists that
listed actions, or threats of actions, against 17
journalists and media groups by OBrien since
1998. Among the most high profile were those
against some of Irelands best-known
commentators, such as Vincent Browne, Sam
Smyth and Elaine Byrne. TI Irelands chief executive
John Devitt said at the time: The use of litigation
and legal threats denies journalists and editors the
human right to freely report and comment on
matters of public importance. Journalists also have
a duty to report or comment on issues in the public
interest even if they have a negative impact on Mr
OBriens reputation. (Roy Greenside, Why Does
Irish Media Mogul Denis OBrien Launch So Many
Legal Actions?, The Guardian, 10/29/15)

Denis O Brien ; Greed, Oil &

Topaz
.entry-header
i) Denis O Brien Siteserv 06-06-14 Rent-a Fence to Irish Water
t.b.c
ii) Denis O Brien 10-06-14 Topaz-Statoil-Shell-Dutch Shell t.b.c
http://arrow.dit.ie/cgi/viewcontent.cgi?
article=1044&context=aaschssldis
If N.A.M.A is unknowable , unseen , illogical, unaccountable and if
it is beyond intelligence TOPAZ-DUTCH SHELL-SHELL-STATOILION EQUITY-KPMG-BOI- AIB know no boundaries or just care
less.

Begging belief on MY Facebook PAGE the 3rd November 2013

that Denis O Brien will outbid the mightier Goldman Sachs (for
whom he is a stakeholder by way of the Trilateral Commission) for
TOPAZ-SHELL who as will be seen are only separated on paper.
Bank of Ireland-Denis O Brien-KPMG v Goldman Sachs or
rewarded by Goldman Sachs.
What followed is the usual trail of corruption created over time by
Denis who bought the controlling stake on the 13 th December 2013
watched on or cheered by FG,FF,Banks,Corporations and The
Usual Suspects mentioned in each company especially AngloIBRC and NAMA.
Whats not in the Denis O Brien controlled spINDO Fionnan
Sheehan is that John Mulcahy of NAMA will be busy as his
company Jones Lang LaSalle was also one of those in the leaked
IBRC creditors list who are now transferring unsold borrowings to

the National Asset Management Agency via theirs and Denis O

Briens friends KPMP .
Among them are borrowings related to TV3, Arnotts, the Racing
Post, Topaz and stockbrokers Davy.
The Irish investors who own the Racing Post said they would bid
for their own borrowings of 150m. There is also speculation TV3
would try to buy back its loans.
Arnotts borrowings of 200m have been linked to Selfridges and
the House of Fraser.
Davy had paid off more than half its loan and plans to purchase the
outstanding 140m.
Two bids were expected for the 185m loan of petrol retailer Topaz,
with one coming from its significant shareholder Denis OBrien.
So is Denis stealing more shares in our our oil to Shell back to
us..and are they all buying back their own shares which were
ours for pittance from their own friends ?
http://www.independent.ie/business/irish/goldman-joins-in-faceofffor-185m-topaz-anglo-loans-29674133.html
Thinking of and watching #thepipe #rossport as predicted on the
3rd November 2013 and it pained me to be right as there should
not be this level of corruption ignored by so called governance
when Denis O Brien bought for pittance the controlling share in
Topaz 13-12-2013 from his mates yet owes millions to the indirect
bank who took over the direct bank and NAMA who he purchased
from with Bank of Ireland where Denis sat on the board also.
OBrien gains control of Topaz as Davy partners buy stockbroker
Roisin Burke
Draghi Speaks At The World Economic ForumDenis OBrien,
Irish billionaire and chairman of Digicel Group Ltd., right, speaks
during a meeting at the Hotel Seehoff on day three of the World
Economic Forum (WEF) in Davos, Switzerland, on Friday, Jan. 25,
2013. World leaders, influential executives, bankers and policy
makers attend the 43rd annual meeting of the World Economic
Forum in Davos, the five day event runs from Jan. 23-27.

Photographer: Jason Alden/Bloomberg *** Local Caption ***Denis

OBrienI
Businessman Denis OBrien is set to gain control of Irelands
biggest petrol retailer while investment company Doughty Hanson
has bought back its loans in TV3.

1
2
Mr OBrien (pictured), the founder of the mobile phone company
Digicel and a key shareholder in the publisher of this newspaper, is
set to buy 304m worth of loans linked to Topaz, sources involved
in the sale told the Irish Independent yesterday.
Topaz has 330 service stations across Ireland. Mr OBriens
spokesman did not respond to questions.
The Topaz deal is part of a loan auction that also included the debt
of businesses including Arnotts and the Racing Post. Final bids
closed last Friday and the special liquidator is now selling the loans
in most cases. At least four sale deals have been agreed, it is
understood.
Private equity manager Doughty Hanson said last night that it
bought 250m debt attached to TV3. David McRedmond, who is
the chief executive of TV3, said the deal ended an uncertain
period for the company.
Finance Minister Michael Noonan welcomed the conclusion of the
bidding phase, saying that the special liquidators expect that 84pc
of the portfolio will be sold to third parties for prices in excess of
the independent valuations.
The remainder will go to NAMA. About 2.5bn face value worth of
loans were put up for sale as part of the 22bn IBRC liquidation.

Mr OBrien fought off Topaz founder Neil OLearys finance

company Ion Equity and a consortium that included Mark
McGoldricks Mount Kellett and Goldman Sachs.
Davy Stockbrokers confirmed last night that partners had bought
the 140m debt linked to a management buy-out with financing
from Bank of Ireland.
Dublin private equity group FL Partners was said by one source to
have bought some of its borrowing but to have also been
unsuccessful on the Racing Post.
Borrowers are said to have had the edge in bidding for their own
loans. The level of information available to non-borrower bidders
was criticised by some bidders as having been too sparse.
Dialogue was continuing yesterday between bidders and KPMG.
Big-name investors looked over the data on this book of trading
businesses, including John Graykens Lone Star and Kennedy
Wilson.
See more at: http://www.independent.ie/business/irish/obriengains-control-of-topaz-as-davy-partners-buy-stockbroker29834280.html#sthash.ylSBS51q.dpuf
In 1999, Saga Petroleum became a part of Norsk Hydro and in
2007 a part of Statoil. In July 2009, Vermilion Energy acquired
Marathon Oils stake in the project.[6]
Statoil service stations in the Republic of Ireland began to rebrand
as Topaz, following the acquisition of the company in 2006 by Irish
oil firm Topaz Energy Group.
Statoil is a partner of Royal Dutch Shell in the Corrib gas project,
which entails developing a natural gas field off the northwest coast
of Ireland. The project has proved controversial with some Irish
residents. In the summer of 2005, five men from County
Mayo were jailed for contempt of court after refusing to obey a
temporary court injunction forbidding them to interfere with work
being undertaken on their land. The ensuing protests led to
the Shell to Sea campaign that opposes the project.

Statoil service stations in the Republic of Ireland began to rebrand

as Topaz, following the acquisition of the company in 2006 by Irish
oil firm Topaz Energy Group.
Topaz has indeed quietly removed all mention of Shell from its
retail brochures and marketing material, but it is still a Shell
licensee, and happy to own up to it for an international audience.
About Topaz
In 2005 Topaz Energy purchased the oil products business of Irish
Shell and Shell Northern Ireland. It went on to acquire Statoil
Ireland in 2006. Topaz Energy currently operates as a licensee for
both brands in Ireland.
Laura ? Laura ? come back Laura
Topaz is not a Shell Licensee & has no Involvement with the
Shell Corrib Gas Project
by Laura Topaz Fri Apr 29, 2011 15:32
Hi Ferdia, SAyed and other interested parties. In 2005, Topaz
Energy Ltd. bought the retail and commercial fuels business of
Shell in Ireland, following that companys decision to disengage
from its downstream activities in the Irish market. In 2006, Topaz
purchased the Statoil business in Ireland. Topaz rebranded the
complete network of previous Shell and Statoil sites in 2008 but
between 2005 and 2008, Topaz Energy Ltd. were obliged (By
Shell) to refer to the company as a Shell licensee. The brochure
posted above is out-dated and from this time. We are no longer a
Shell licensee. The 1,400 Topaz employees are not paid by Shell
or Statoil, but by Topaz Energy Ltd., a 100% Irish owned and run
business.
I have clarified categorically that Topaz Energy Ltd. are not
associated in any way with the Corrib Oil Gas project, are not a
front for Shell and are not a Shell licensee.
Thanks,
Laura from Topaz
Question
by Ferdia S2S Fri Apr 29, 2011 16:59

Thank you for that clarification. Another question: Do Topaz drill for
and refine their own fuel products, including placing them for sale
on
their forecourts? This is a genuine enquiry, because I dont
honestly know. If its the case that they dont and that they merely
sell the
products of other oil Companies, particularly Shell, then theyre
part of the problem, not the solution. It has always been my
assumption
that much of the petrol in Topazs pumps is supplied by Shell, who
take their cut without the hassle of people turning up to vent their
anger at the treatment of Erris people and the Giveaway of our
Natural Resourses. Im totally open to correction on that, and Im
hoping
youll stay with this thread for a while, because if youre a troll
youre at least quite a well-mannerred one. So the question is:
whose fuel
products are Topaz selling, and what kind of cut is each side
getting?
A fair question.
by Jherek Carnelian Hawkwind Fri Apr 29, 2011 17:05
and we expect the Commercial Marketing Co-ordinator with Topaz
to have all the answers.
Wondrin why
by Porky None Fri Apr 29, 2011 19:36
Cant figure why Laura felt the need to come on here, considering
that this thread had become more inactive than the space between
eamon Ryans ears. But now that she has, i think shes opened a
can of worms, because the question Ferdia is asking is a good
one. I think wed all like to know what the connection is, if any
between shell and Topaz. If this lady is a co ordinator ro whatever.
she should answer the question. I hope she hasnt gone to ground
becase, to be fair, everyone has treated her wiyh respect so far, so
seh has nothing to fear. But maybe she has something to hide.

Topaz is Shell in Ireland

by SAyed Mon May 02, 2011 11:57
There seems to be a very strong connection between Shell and
Topaz, despite what Laura
says. http://www.topazenergy.ie/en/news/TOPAZ-AND-SHELLAVIATLAND/
Maybe she could explain why every other country in Europe has
Shell stations except this one, and no other country has Topaz
stations except Ireland.
Its not that Shell is using Topaz as a front in this country is it?
Topaz is an Irish petroleum retail chain, operating all over
the island of Ireland. The legal entity was formed in 2005 and
previously traded under the Statoil and Shell brands, until 2008
when the Topaz brand replaced both in Ireland. [citation
needed] Topaz, a 100% Irish owned and managed company is
Irelands largest fuels and convenience retailer.[citation needed] It is
also the largest supplier of home heating oil in Ireland. [citation
needed] It is a secondary of Ion Equity Limited, a venture capital
company that also used to ownSWS Group and USIT.
History[edit]
The company was formed by Ion Equity in 2005 as a vehicle to
take over part of the Irish operations of Royal Dutch Shell plc (the
filling station and home heating operation, Irish Shell Limited) as
well as the Irish operations of Statoil. This was controversial in
itself, as the Competition Authority, which must approve
large mergers and acquisitions, failed to take a decision on the
takeover of Statoils assets within the time frame allowed, thus
automatically approving the deal. This was the first time this had
happened in the Authoritys history. [citation needed]
The company was slow to reveal its branding strategy, continuing
at first to trade under the Shell, Statoil, and Fareplay brands. [citation
needed] However, beginning in 2008, Topaz began replacing both
these brands with its own. The Fareplay brand, which Topaz owns
worldwide rights to, has also been retired and replaced with a

number of Topaz convenience store brands including Topaz

Restore and Topaz Express.
As of 2012, Topaz currently operates 118 Company Owned
Company Operated (COCO) sites in the Republic of Ireland and 1
site in Larne, County Antrim, Northern Ireland. It is due to roll out a
new loyalty scheme in 2013.
The current CEO is John Williamson have been appointed in
February 2012. Williamson previously held the role of CF.
Topaz spending 50m rebranding Shell and Statoil stations
nationwide
By Niamh Hennessy
Wednesday, February 20, 2008
TOPAZ, the private business group backed by Denis OBrien, is
investing 50 million in rebranding the countrys Statoil and Shell
service stations as well as the expansion its network.
The move follows the purchase by Topaz of the Irish retail and
commercial fuels businesses of Shell and Statoil in 2005 and 2006.
Topaz says the planned expansion will create 400 new jobs and is
largely confined to the greater Dublin area. However, the company
said it is also looking for opportunities in the Munster area, which it
sees as a key geographic location.
As well as the 350 Statoil and Shell stations, the rebrand will
include 100 convenience stores, 250 trucks and seven sea
terminals.
Topaz chief executive Danny Murray said the companys ambition
was to redefine the service station experience for Irish consumers.
We want to put the consumer at the heart of our business model
and get away from the Big Oil approach to retailing. Were looking
forward to working through our directly owned stations and through
our dealer and distributor networks to transform the offering for
Irish consumers, he said.
Mr Murray added that the company wants to double the value of
non-fuel sales over the coming years.
They already sell four million cups of coffee, eight million cold

drinks, two million sandwiches, five million newspapers and 14

million confectionery products a year.
The first two Topaz-branded service stations and stores opened
yesterday at Dublin Port and at Citywest in Dublin.
Topaz, one of Irelands largest privately-owned companies, has a
turnover of over 3.5 billion a year.
It directly employs 1,300 people in Ireland and is owned by ION
Equity and other investors, one of which is believed to be
businessman Denis OBrien.
ST BIZ TODAY
Interesting stuff from Aine Coffey and Brian Carey in the ST Biz
today on Topaz and Denis OBrien.
Topaz(which imports about half of the States motor and home
heating fuel and almost all of the aviation fuel) was caught short by
the IRBC liquidation and had to refinance its working capital
arrangements with BOI, reportedly in the space of 24 hours.
Denis OBrien owns 28% of Topaz and Neil OLeary of Ion Equity
owns around 35%. That goes back to a deal in 2005 when Ion and
OBrien took over former Shell and Statoil interests in part using
loans from Anglo.
Now Denis OBrien is objecting to attempts by Topaz to refinance
its discount invocing facility tthrough AIB and BOI and has written
in the last fortnight to the banks and shareholders involved to
signal his interest in acquiring the entire debt owed and reinvesting
with a view to taking control of the company.
Game over as far as ownership of Topaz is concerned.
It should be recalled that OBrien got a write down of 64 million
from IRBC last year when partnering with Trafigura to take control
of UK oil refiner and distributor Blue Ocean Associates.

Tax Dispute Denis on the move;

http://thestory.ie/2013/05/12/denis-obrien-v-inspector-of-taxes-thee57-8m-dispute/
Brian Cowen and former AIB chief appointed to board of Topaz
Newly appointed non-executives also include Emmet ONeill of
Smiles Dental
Former taoiseach Brian Cowen has been apointed to the board of
Topaz
In October 1994, it was revealed that Cowen had 1,000 shares in
Arcon, a company to which he was in the process of awarding a
mining licence. He quickly sold the shares and apologised in the
Dil for causing himself and his colleagues some
embarrassment.

Arcon International Resources plc[edit]

Arcon is an Irish registered mineral and mining exploration
organisation. It manages the Galmoy Zinc Mine, carrying out
foregoing mineral exploration activities.[4] Galmoy is now run by
the Swedish owned company Lundin.
Conroy Diamonds and Gold see Trilateral Commission members

Conroy Diamonds and Gold was established in 1995 to exploit the

discovery of the Galmoy Ore deposits now in production as a
major zinc mine. Its current activities are on a geological structure
known as the Longford-Down Massif.[6]
Mark Paul
Sat, May 3, 2014, 12:37
First published:Fri, May 2, 2014, 17:51
Topaz, the fuel and retail chain owned by Denis OBrien, has
appointed former taoiseach Brian Cowen and Colm Doherty, the
former managing director of AIB who was appointed in 2009 after
the bank guarantee, as directors of the company.

Mr OBrien, who bought out Topazs loans from Irish Bank

Resolution Corporation to take control of the company last year,
has also joined the board of the company, which has revenues of
about 3.2 billion and controls about a quarter of the Irish forecourt
market.
Lucy Gaffney, a long-time associate of Mr OBriens who also sits
on the board of Independent News and Media (IN&M), has also
become a director. Sean Corkery, who is the chief executive of Mr
OBriens building services company Siteserv, has also joined the
board.
Denis OBriens Topaz nominees bring excess baggage on board
Mr OBriens nephew, Emmet ONeill, who recently sold Smiles
Dental for 36 million, has also become a director of the company.

Topaz has refused to confirm the fees that will be paid to Mr

Cowen and the other directors to serve as directors.
John Callaghan will remain as the chairman of the board of Topaz,
along with its chief executive, John Williamson, while Niall
Devereux, the companys chief financial officer, also joins the
board.
The company made a loss of 13 million last year. Mr OBrien, who
had been a minority shareholder alongside Neil OLearys Ion
Equity, gained full cotnrol last year when he bought its 300 million
of loans from IBRC for about 50c in the euro.
Ray Burke FF Lobbied OR Coerced
Shell to Sea, Ray Burke, and the irresistible gombeenism of
Ireland
There is a strong element of NIMBYism in Ireland. If you want to
widen your gateposts in Dublin, theres always a chance that
someone in Kerry could object redefining the very concept. Or if
you want to link towns and cities with a motorway (statistically the
safest roads) or replace death-trap bridges (see Slane) there will
be no shortage of consciensious objectors trying to put the
mockers on it.
So I have to admit when I heard, way back when, that protesters
were out blocking the roads in Mayo reciting the Rosary as
Gaeilge, no less in objection to Shells proposed gas pipeline
going over their land, I was a bit sceptical to put it very mildly.
But just as the State took such a major role in suppressing dissent
when Ronald Ronald Reagan visited these shores many years ago
with a special fondness in his heart for the imbeciles of
Ballyporeen you have to wonder if they have some kind of point.
Oh, and at that time the Irish prime minister was espoused liberal,
Garret Fitzgerald. Welcome Ronnie the warmonger.
Remember too, that the Irish government has never been behind
the door when prostitiuing us to the multinationals. OK, weve more
jobs nowadays than we did in the 80s, but there is such a thing as
protection.

Then theres the payoff. While having Google and Microsoft here
gives us jobs, you have to wonder about us being the prime
facilitators of corporate tax-dodging in the EU. Ask anyone
employed in one of these concerns and the answer will be
predictable. And understandable. But?
So, no surprise tben, that the Irish government sold us so short
when they wrote the Corrib exploration rights off to Shell. Professor
John M Simmie, from the chemistry facuilty of NUI Galway,
maintained in the Irish Times of August 23rd, 2005, that at that
time, the country had neither the trained personnel nor the funds to
wildcat for oil and gas. It would have been a giant gamble at a time
when our economy could not have sustained such a shock.
OK, 50/1 are odds that the most optimistic gambler would shirk at,
but even if your horse wins because the rest of the field falls down,
you wouldnt have backed it unless you thought there was some
chance of winning. But it seems that corrupt Fianna Fail politician,
Ray Burke, lobbied to abolish existing legislation of the time
which gave the State a 50% stake in any discoveries to facilitate
Shells deployment here. You can look further into this at the Shell
to Sea website here.
For my part, I know we need energy resources, I know we need
investment, I know we need infrastructure. But I also know that if
someone like Ray Burke was involved in Shells investment here,
you have to wonder.
In times like this we need to make the most of the few assets we
have to get some semblance of profit for our pains whilst keeping
within international safety standards .

Denis & Bank of Ireland

By Pat Boyle 12-04-2000
THE appointment of Denis OBrien as a director of the Bank of
Ireland officially a member of the Court of the bank is a
recognition of his enormous achievements in business in a

comparatively short time.

The bank said little about the appointment but insiders believe it
marks a significant departure from traditional court appointments.
Directors have almost always been drawn from the ranks of those
representing the accountancy or legal professions, as well as
those from the construction and agri-business industries. These
stalwarts have been topped off with the odd estate agent or
packaging industry chief, but rarely does a full-blooded
entrepreneur get a look in.
Ironically perhaps, the only high profile entrepreneur to precede Mr
OBrien to the Court was his former employer and sometime
mentor, Tony Ryan of GPA.
However, the former GPA chief already held a 5pc stake in the
bank when he was invited to join the board.
Mr OBrien, on the other hand, has no significant holding yet, at
any rate in Bank of Ireland.
Apart from his status as an entrepreneur, Bank of Ireland will be
able to draw on his experience of the communications industry
revolution, the coalface of the modern business world and the
bedrock of the `new economy.
It will not be lost on many players in this industry that Mr OBrien
was forced to go to the US to get financial backing for the vision
that eventually became Esat.
Bank of Ireland, along with its counterparts in the Irish finance
world, has played a minimal role in funding new economy ventures,
only waking up to the potential of the communications revolution
late in the day.
In his new role as a director, Mr OBrien will have to attend monthly
board meetings at which the day-to-day business of the bank is
discussed.
He will also have to attend a couple of longer meetings, which see
the board members holed up for a couple of days to conduct a
more in-depth review of the banks business and to explore
strategies.

Mr OBrien will doubtless be asked to sit on or even chair one or

more of the three special committees which deal with the audit
business, remuneration of senior executives and with social affairs.
But it will be his expected input into the strategic reviews which will
excite most interest.
As one insider put it: We have made a major catch here, someone
who has been hugely successful in a short period of time and who
has a high profile in one of the most important areas of the
economy.
Dr Ryans tenure as a director coincided with a difficult time for the
bank as its exposure to losses in the US led to a hopeless
performance by the groups shares.
Eventually, Dr Ryan sold his stock and quit the court.
Bank of Ireland will be hoping that Mr OBriens tenure is marked
by happier times.
Now, at least, Bank of Ireland has someone on board with firsthand experience of the technology revolution and of the difficulties
faced by young entrepreneurs in securing capital.
It would indeed be a pity if the feared meltdown in technology
stocks does now materialise, just as the old economy mandarins
have woken up to its potential!
By Joe Brennan and Finbarr Flynn
Published 28/01/2012
Bank of Ireland has taken the medicine, the telecoms mogul
Denis O Brien said in an interview with Bloomberg at the World
Economic Forums annual meeting in Davos, Switzerland.
Bank of Irelands Top Ten Equity Partners at the same time Denis
cited returning to the fold as BOI had cleaned up their act that he
was part of the Iniatiation in 2000.
1.BNP Paribas http://www.icij.org/offshore/french-banks-underpalm-trees
2.JP MORGAN http://www.bloomberg.com/news/2013-1019/jpmorgan-said-to-have-reached-13-billion-u-s-accord.html

3.PRYSMIAN ;Indirectly controlled by Goldman Sachs

http://en.cn.prysmian.com/about-us/history.html
4.Roche ; The worlds largest maker of cancer
drugs/death/vaccines http://www.omsj.org/corruption/rocheoverlooks-80000-adverse-reaction-complaints
5.Volkswagen ; Porsche-Piech families-Mafia Third Reichhttp://www.spiegel.de/international/business/designing-cars-forhitler-porsche-and-volkswagen-s-nazi-roots-a-637368.html
6.Continental ;Schaeffler- Wal-Mart and usual suspect bankers
http://www.businessweek.com/news/2012-02-05/schaeffler-said-toset-pricing-on-6-billion-euros-of-loans.html
http://www.thetruthaboutcars.com/2009/03/german-schaefflerscandal-gets-hairy/
7.Microsoft ; Tax Evasion & of course corruption
http://www.businessinsider.com/apple-microsoft-avoids-taxesloopholes-irs-2013-1
http://www.forbes.com/sites/alexandrawrage/2013/03/20/microsoftwhistleblower-allegations-highlight-global-corruption-risks/
8.Repsol ; Oil, & THE USUAL GREED
http://www.globalwitness.org/sites/default/files/import/libya_oil_sca
ndal_points_to_need_for_new_laws.pdf
9.Societe Generale ; Banks of the usual sort
http://www.cbsnews.com/8301-34227_162-57539428/ The
Socit Gnrale scandal was one of the first fractures in the
facade of what was then broadly perceived as an aggressive but
essentially self-regulating financial system, giving rise to early calls
against excessive risk-taking and lavish bonuses that have grown
steadily louder since.
It came not long after the first indications of the subprime mortgage
crisis surfaced in the United States in August 2007 and was
followed in March and September of 2008 by the demise of two
flagship investment banks, Bear Stearns and Lehman Brothers. In
December of that year, Bernard L. Madoffs Ponzi scheme was
uncovered, a fraud that set investors back more than $20 billion,

according to estimates by the court-appointed trustee overseeing

the case.More recently, Fabrice Tourre, another French banker,
and his employer, Goldman Sachs, were sued by the U.S.
Securities Exchange Commission in April for creating and selling
mortgage products that regulators contend were secretly devised
to fail.
10.Wal Mart ; 31cent an hour child labour- Hazardous wasteWalmarts main Money Store partners, GE Capital-Mexico Briberyhttp://www.salon.com/2013/10/14/very_sneaky_wal_mart_how_the
_mega_retailer_rolled_back_california_regulations/
While Irish banks have written down their assets to market values
and been recapitalised, other banks around Europe havent done
a mark-to-market, he added.
The billionaire also had good words to say about Ireland.
We have taken the cod-liver oil, he said. Ireland is definitely on
the turn.
Bank of Ireland shares closed little changed in Dublin after hitting a
seven-month high the previous day.
Mr OBrien, who has a 22pc stake in Independent News & Media,
resigned as deputy chairman of Bank of Ireland in September
2006.
He joined the banks board as a director in April 2000. (Bloomberg)
Irish Independent
See more at: http://www.independent.ie/business/irish/denisobrien-prepared-to-invest-as-boi-cleans-up-act26815629.html#sthash.jLUciCKG.dpuf
OBrien wants deposit guarantees quadrupled and the banks
stuffed with government cash.
http://www.washingtonpost.com/europe-banks-need-tarp-like-aiddenis-obrien-says/2012/06/21/gJQAN3QYtV_video.html
Back to Ion Equity
Board of Directors
Neil OLeary Ion Equity Chairman

Neil is the founder, Chairman and CEO of Ion Equity, and also the
Chairman of Topaz Energy and a director of USIT and
SouthWestern and many other businesses. Neil has conceived and
led most of Ions acquisitions.
Neil is a former investment banker and director of UBS Ltd,
London, where he was responsible for executing many
international transactions across a number of sectors. While a
Senior Executive of the London Stock Exchange he had
responsibility for listings and market intelligence as a lawyer with
McCann FitzGerald. He is a Member of UCC Foundation and Soul
of Haiti Foundation.

Jim Costello CEO & Executive Director.

Jim Costello has been with SouthWestern since 2003. A Qualified
Accountant (FCMA) he previously spent 15 years in the
Information Technology and Outsourcing sectors internationally. He
was Finance Director for Unisys Corporation in Europe (EMEA),
General Manager of Managed Services in France and Global
Managing Director of the Unisys/Dell Managed Services Alliance.
Through this experience, Jims career has been involved in
delivering mission critical solutions for large and major customers
around the world where excellent service has always been the
benchmark. Jim has studied Business excellence models in the
University of Ulster and Stanford University, California.

Daniel ODonohoe Ion Equity. Non-Executive Director.

Daniel ODonohoe joined Ion Equity in 2006 and has experience in
all aspects of mergers, acquisitions, corporate development,
restructuring and private equity investing. Daniel previously worked
with AIB Corporate Finance, ING Barings and KPMG and profile
advisory transactions include assisting the Grafton Group with its
353 million takeover of Heiton Group plc and assisting the

Musgrave Group on its stg232 million takeover of Budgens plc in

the UK.
Daniel is a Chartered Accountant with a degree in Economics and
he studied International Business at Harvard University.
Joe Walsh Non-Executive Director
Joseph Joe Walsh is a former member of the Irish Government
and a successful business Director. As Minister for Agriculture and
Food, Joe Walsh was conferred with an Honorary Doctorate from
Saint Josephs University, Philadelphia, in 1999 for his strategic
vision and commitment towards securing Irelands position in the
growing European and global market for food and drink.
Joe retired from politics in 2005 and has since run a number of
Directorships for leading Irish organisations.
Kieran Calnan Non-Executive Director
As a senior manager of the SWS Group for 25 years culminating in
his appointment as Chief Executive in 1996, Mr. Calnan oversaw
the diversification of SWS from a single service provider
(agricultural services) to a multi-service company that included
Renewables, Business Process Outsourcing, Forestry and
Business Services.
Currently Kieran is Chairman of the Board of BIM (Bord Iascaigh
Mhara/Irish Fisheries Board). He is a member of the Advisory
Committee of the UCC Ignite programme, an initiative that aims to
promote entrepreneurship. Mr. Calnan also played an active role in
promoting the award winning West Cork Fuschia brand (aimed at
marketing quality products including seafood from the West Cork
area) during its formative years.
Paddy Morrissey CFO & Executive Director
Paddy qualified as a chartered accountant in 1997. Between then
and 2008, Paddy worked primarily in the financial services industry
for companies such as KPMG in the Channel Islands and Fortis

and FEXCO in Ireland. Paddy has gained invaluable experience in

areas such as audit and internal control, financial control and
analysis, systems implementation and treasury management.
Paddy has overall responsibility for the Finance Department of
SouthWestern and also supports the other members of the
management team in managing various aspects of the business on
a day to day basis.
Paddy is a member of the Institute of Chartered Accountants in
Ireland and is an associate member of the Association of
Corporate Treasurers (ACT).

Tim Cowhig Non-Executive Director

Tim is currently CEO of Element Power managing global projects
in the renewable energy industry. Tim is a chartered accountant
with over 20 years commercial experience, he was instrumental in
setting up SWS Energy where, as CEO and Executive Director, he
oversaw nearly 200MW of operational wind and 400MW of
development projects ahead of its sale to Bord Gais in December
2009.
Tim holds a Bachelor of Commerce Degree from University
College, Cork. Tim is a member of Institute of Directors and an
Associate of the Chartered Institute of Arbitrators.

Ulric Kenny Ion Equity. Non-Executive Director

A co-founder of Ion Equity, Ulric has led a number of its
investments since the inception of the business such as SWS
Energy and Ocean Media Group.
Prior to co-founding Ion Equity in 2000, Ulric worked in transaction
services in PricewaterhouseCoopers London and in audit roles
with that firm in Toronto and Waterford. He is a fellow of the
Institute of Chartered Accountants in Ireland.
The Ernst & Young Entrepreneur of the Year is run in association

with The Irish Times, RTE, Enterprise Ireland, InterTradeIreland,

Invest Northern Ireland, Trinity Business School and Digicel.
The 2008 Shortlist Finalists see attached table
The 12 members of the Judging Panel are:
Denis OBrien, Digicel Group (Chair), (Ernst & Young Entrepreneur
Of The Year 1998)
Aidan Heavey, Tullow Oil PLC (Ernst & Young Entrepreneur Of The
Year 2005)
Brian Long, Atlantic Bridge Partners (Ernst & Young Technology
Entrepreneur Of The Year 2000)
Pat Maher, Executive Director, Enterprise Ireland
Liam Nellis, Chief Executive, InterTradeIreland
Jerry Kennelly, CEO, Kilmackillogue Capital (Ernst & Young
Emerging Entrepreneur Of The Year 2005)
Padraig OCeidigh, Chairman, Aer Arann Express (Ernst & Young
Entrepreneur of the Year 2002)
Liam Shanahan, Shanahan Engineering (Ernst & Young
Entrepreneur of the Year 2003)
Donal Durkin, Director of Creative and Design-based Industries,
Invest Northern Ireland
Ann Heraty, CPL Resources Plc. (Ernst & Young Entrepreneur Of
The Year 2006)
Pat McDonagh, Third Force (Ernst & Young Master Entrepreneur
Of The Year 2000)
Michael Carey, Executive Chairman, Jacob Fruitfield Food Group.
(Ernst & Young Industry Entrepreneur Of The Year 2005)
International
Entrepreneur Company Business Activity
Founded Location
John Flaherty C&F Group
Global Sheet Metal
Specialist 1989Galway
Donal ORiain Ecocem Materials Ltd
Carbon
Neutral Concrete
2000 Dublin
David Bobbett H&K International Restaurant
Equipment Systems Worldwide
2002 Dublin
Sean Keenan Multis Group Remanufacturing &

Remarketing 1994Galway
Xavier McAuliff
Spectra Group
Photographic/Hotel & Property Development
1970Kilkenny
Danny Moore Wombat Financial Software
Financial Trading Solutions
1997Antrim
Conor Foley
Worldspreads Group Financial Spread
Trading 2000Dublin
Brendan ORegan
Zenith Technologies Ltd Process
Automation & Control
1998Cork
Industry
Entrepreneur Company Business Activity
Founded Location
Lord Kilclooney Alpha Newspaper Group Newspaper
Publishing, Printing, Radio Media
1983Tyrone
Pat OFlynn
AVR Safeway Ltd
Sustainable
Solutions for Hazardous Waste 1998Cork
Michael Cullen Beacon Medical Group
Healthcare
2002Dublin
Stephen Grant Grant Engineering (Ireland) Ltd
Engineering
1978Offaly
Howard Beggs Helix Health Ltd
Healthcare
Information and Communications Technology 1996
Dublin
Neil OLeary
Ion Equity Private Equity Investors
2000Dublin
Orla Corr McAvoy Off-Site Building Solutions Off-Site
Building Construction
1973Tyrone
Terence Brannigan Resource Group
Support
Services 2006Antrim
Emerging
Entrepreneur CompanyBusiness Activity
Founded Location
Tom Marren
CES Energy
CHP/Tri-Generation.
District Heating/Cooling & Photovoltaic 2002Dublin
Eugene Greene
Cooneen Watts & Stone Ltd
Military Clothing
2004Tyrone
Patricia OHagan
Core Systems (NI) Ltd
Core
Systems (NI) Ltd
2003Antrim
Tom Brennan & Patsy Carney EirGen Pharma
Pharmaceutical
2005Waterford
Eric Mosley
Globoforce Ltd Incentive Management

Solutions 1999Boston/Dublin
Sean Rowland Hibernia College
Education 2000
Dublin
Mark Heffernan
Opsona Therapeutics Ltd
Biotechnology 2004Dublin

Cronies ? Rewards ..Senator Averil Power is an Irish Fianna Fil

politician. She was elected to the 24th Seanad in April 2011 by the
Industrial and Commercial Panel,[2] She grew up in a council
estate, forgot her roots completely and claims to be the first person
in her family to finish school and go to college.She is married to
Denis O Briens trusty sidekick Irish Independent political editor
Fionnan Sheahan.Prior to her election to the Seanad, she worked
as policy adviser to former corrupt FF Minister Mary Hanafin.
http://childaware.net/alpha/index.php?
view=article&catid=37%3Acorruption&id=742%3Ahanafin-last-actof-betrayel-andcronyism&format=pdf&option=com_content&Itemid=79
Very interesting article on OBrien also. Its worth recalling that one
of Seanie Fitzpatricks sons works for Digicel. Also Fitzpatricks
daughter, Sarah, worked as a volunteer for Haven, OBriens Haiti
charity.
Very curious that the article didnt appear in the Irish edition of The
Sunday Times. Or maybe not.
OBrien is currently being a social entrepreneur in Haiti where his
company is involved in digital communications contracts.

Supreme-Court-of-Judicature-of-Jamaica-26TH-SEPTEMBER2016

http://supremecourt.gov.jm/sit
es/default/files/courtlist/Supre
me-Court-of-Judicature-ofJamaica-26TH-SEPTEMBER2016.pdf
Supreme Court of Judicature
of Jamaica Civil Division List
of Sittings for the week
commencing the 26TH
September, 2016
http://supremecourt.gov.jm/sit
es/default/files/courtlist/SUPR
EME-COURT-LIST-FOR-THEWEEK-OF-THE-26TH-OFSEPTEMBER-2016.pdf

Welcome to the Supreme Court of

Jamaica

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Clintons close friend

Denis OBrien battles
massive criticism in
Ireland
James O'Shea @IrishCentral June 08, 2015

Former president Bill Clinton wrote in a September

2012 Time Magazine cover story that Irish
businessman Denis OBriens move to make cash
transactions available for the poorest in the world
via cell phones was the number one idea in
changing the world.
The Time cover story featuring Clinton holding a
globe is entitled 5 Ideas that are changing the
World and OBriens idea was rated tops.
It must have been a heady moment for the Dublinborn OBrien (57) who studied business at Boston
College.
As a businessman OBrien is high up the Forbes
list. His net worth was estimated at $6.7 billion
thanks mostly to his stock in his cell phone

company Digicel. But it is as a philanthropist that

he has become increasingly well known.
Also in 2012, The New York Times published a
glowing front page report on OBriens work in Haiti
in which OBrien was described as leading the
international efforts to restore the economy there.
Forbes wrote, O'Brien received the National Order
of Honor and Merit from the Haitian president for
his work helping Haiti recover from the 2010
earthquake. He funded the restoration of Haiti's
century-old Iron Market with his own money, and
has built 50 primary and secondary schools in the
last 18 months.
In Irish American circles he is best known for his
staunch support of the American Ireland Fund and
also the Third World charity Concern, where he is a
leading benefactor.
OBrien is Irelands leading philanthropist but now
also one of the most reviled figures there.
It is an extraordinary paradox that surrounds his
business success how he made his fortune and
now how he is handling revelations about his
banking and business affairs.
For a man described by Clinton as changing the
world more than anyone else for the betterment of
the poor recent negative press provides a dizzying
contrast.
Over the past few weeks in Ireland there has been
massive criticism of OBrien after he went to court
to prevent RTE, Irelands national broadcaster,
reporting on his banking relationship with IBRC, the
successor bank to Anglo Irish Bank, which was at
the center of the banking scandal that almost
bankrupted Ireland.
An activist member of parliament, Catherine
Murphy, claimed in the Dail (Parliament) that

O'Brien had received massive loans up to $500

million at an interest rate of 1.5 percent.
OBrien strongly denied that Murphy's claim was
true as did Mike Aynsley the former CEO of IBRC
who described that information as grossly
inaccurate.
The government has established a commission of
inquiry to discover what the true facts of the
matter are. Murphy is sticking to her guns that her
statements are accurate.
OBriens move to muzzle RTE and later to seek to
use the injunction to prevent Murphy's speech
made in the Dail under privilege from being
reported created a storm of controversy and
criticism.
Because Ireland lacks a first amendment it is a
very litigious society. Another billionaire, Dermot
Desmond, recently threatened to sue after being
photographed at a funeral when he did not want to
be. But seeking to silence a speaker in the national
parliament was seen as a move too far by many
commentators.
The IBRC loan was the latest in a perfect storm of
controversy for OBrien, who also is the major
shareholder in Independent Newspapers.
One of his many companies, Siteserv, received the
contract to install the hated Irish Water meters,
which have been the subject of numerous mass
demonstrations as the government seeks to raise
tax revenues by charging for water.
OBrien invested in several Irish companies in
recent times explaining that vulture capitalists
were stripping Irish assets and he wanted Irish
companies to retain Irish shareholders. One of
those companies was Siteserv and there have also
been allegations he paid under the odds for it.
He provides over 10,000 jobs in Ireland, but the

recent controversies have damaged much of the

goodwill he should have enjoyed.
In a piece defending his legal and business moves
and his right to privacy on his bank accounts
OBrien wrote that a close friend warned him he
would get dogs abuse if he purchased Irish
businesses, something that has certainly come to
pass.
OBrien is nothing but resilient, however. He has
been controversial for many years, ever since he
purchased the second cell phone license during
Ireland's wild west days when he was allegedly
aided by the sitting government minister.
His international reputation, especially his
connections to the Clintons, remain very strong
however, and the domestic issues seem unlikely to
damage that.
Still, for Ireland's richest Irish-born man and
leading philanthropist, these must be trying times
indeed.

Denis O'Brien
establishes
scholarship for Irish
nationals to study
business at Boston
College
April 11, 2015

Denis O'Brien

Irish entrepreneur and philanthropist Denis OBrien has

established a scholarship for Irish students pursuing an
MBA at Boston Colleges Carroll School of Management.
The Denis OBrien Fellowship will provide two
students from Ireland annually with a fully-funded
masters degree from the college, a press release
has announced.
OBrien, who is the chairman and principal
shareholder of the cellular company Digicel Group,
and the owner and board member of
Communicorp, Irelands largest media holding
company, graduated from Boston College with an
MBA in corporate finance in 1982.
He created the fellowship to provide an
opportunity for aspiring business leaders from
Ireland to obtain a world-class graduate education
at a premier American university.

The scholarship will cover the full cost of

attendance, including tuition, fees, books and
living expenses for the duration of the MBA
program, as well as international travel to and from
Boston. Candidates must be Irish citizens of
exceptional academic and/or career achievement,
who possess the high personal and professional
standards of the programs namesake.
Boston College and Ireland have had a long and
illustrious association, said OBrien. I am
delighted to continue this with a Scholarship
Program for two Irish nationals to have the
opportunity to pursue a two-year MBA program in
management at Boston College."
Andy Boynton, dean of Boston Colleges Carroll
School of Management, said: We are honored that
Denis has created the OBrien Fellowship at Boston
College, as it will provide an invaluable opportunity
for Irish students who want to pursue an MBA at
one of the top business schools in the United
States. He is a person who has brought acclaim to
his alma mater as a student, global business leader
and generous alumnus. We are grateful for his
support.
Boston Colleges Carroll School of Management,
located in Chestnut Hill, Mass., was ranked fourth
among business schools in the United States by
Bloomberg/BusinessWeek.
More information on the O'Brien fellowhip,
including how to apply, can be found at:
http://www.bc.edu/schools/csom/graduate/admissio
ns/scholarships/obrienfellowship.h

YOUR APPLICATION CHECKLIST

Candidates for the Denis O'Brien BC MBA '82

Fellowship must be Irish citizens whose academic,
professional, and other accomplishments reflect
the high professional and personal standards of Mr.
OBrien, one of Irelands most prominent
entrepreneurial and philanthropic leaders.
With our newly streamlined process, when you
have the following materials ready to go, your
online application can easily be completed in an
hour or less, in just one session.
One letter of recommendation
One personal essay
A polished resume
Transcripts from each college or university in which
you were enrolled
GMAT or GRE scores from within the past five years
Employment History, using the form provided
within the online application
Admission interview by a member of the MBA
Admission Committee
Application fee of $100 USD is waived for Irish
citizens. Please email bcmba@bc.edu prior to
submitting your application to receive waiver. We
look forward to considering you for the MBA
program.
http://mba.bc.edu/denis-obrien-fellowshipapplication

BOARD OF DIRECTORS

DENIS O'BRIEN
Chairman
Denis OBrien founded Esat Telecom Group (Esat) in
1991 to compete against the former state-owned
telephone company in Ireland, Eircom plc. In October
1997, Esat, of which Denis was Chairman and Chief
Executive Officer, listed on Nasdaq (New York), Easdaq

(Amsterdam) and the Iseq (Dublin). Esat, over a fiveyear period, raised $1 billion in equity and bonds in a
number of successful U.S. and European public
offerings.
Esat established itself as the number two
telecommunications company across the full spectrum
of telecommunications services (corporate and
residential), fixed-line, GSM mobile, data and internet
services and brought real competition and choice to
the Irish telecommunications market. Esat Telecom
Group plc was sold to British Telecom Group plc in
January 2000 for $2.8 billion. Denis was voted
Irelands Entrepreneur of the Year in 1998 in the
inaugural running of the worldwide competition
organised and sponsored by Ernst & Young.
Denis is also a director of a number of private
companies, which hold some of his other business
interests including Quinta do Lago SA, Topaz Energy
Group Limited and Communicorp Group Limited. In
addition, Denis is the Chairman and Co-Founder of
Frontline, the International Foundation for the
Protection of Human Rights Defenders and a member
of the board of Concern Worldwide.
He holds a B.A. from University College Dublin and an
MBA from Boston College, and he has an honorary
Doctorate of Laws from University College Dublin.
Denis is also Chairman of Digicel Holdings Ltd. and
Digicel PNG, subsidiaries of Digicel Group Ltd. Denis
has been Chairman of the board of directors since
2000.

https://www.digicelgroup.com/en/about/leadership/
denis-o-brien.html
As a privately held company, we only make financial
information available to authorised institutions.
Institutional investors should direct their inquiries to:
Group Head of Investor Relations, David Marshall
Email: david.marshall@digicelgroup.com

Group Investor Relations Executive, Conor MacCarrick

Email: conor.maccarrick@digicelgroup.com
Digicel Jamaica Foundation
Established in 2004, it has been working to facilitate
sustainable national development in the core areas of
education, special needs and community
development. Highlights include over 400
development projects impacting 446,000 Jamaicans
with a total investment of over US$20million.
The focus now and in the future is on increased
literacy in primary schools, higher quality schools and
training for Special Needs communities as well as
further opportunities for communities to become selfreliant through entrepreneurship.
Digicel Haiti Foundation
Established in 2007, it works to strengthen
communities through the support of community-based
activities primarily in the area of education. Highlights
include over 50,000 children attending one of the 150
schools built by the Foundation across the country and
our teacher training programme having trained over
700 individuals. In addition, the community projects
small grants programme has benefited hundreds of
thousands of people since launch.
Digicel_Jamaica_Foundation_Annual_2014_2015
http://www.digicelfoundation.org/content/dam/digicel/F
oundation/Jamaica/annualreports/Digicel_Jamaica_Foundation_Annual_2014_201
5.pdf
Digicel_Jamaica_Foundation_Annual_Report_2013_201
4

http://www.digicelfoundation.org/content/dam/digic
el/Foundation/Jamaica/annualreports/Digicel_Jamaica_Foundation_Annual_Report
_2013_2014.pdf

Digicel_Jamaica_Foundation_Annual_Report_2010_2
011
http://www.digicelfoundation.org/content/dam/digic
el/Foundation/Jamaica/annualreports/Digicel_Jamaica_Foundation_Annual_Report
_2010_2011.pdf

Digicel Foundation donates play equipment to the Arnett

Gardens Recreational Park
Recreational Equipment valued in excess of $2 Million was
donated to and installed at the Arnett Gardens playground
in St. Andrew by the Digicel Foundation during the latter
half of 2004.
Liberty Academy will soon be opening new doors as a
Digicel Foundation Centre of Excellence, with refurbished
classrooms specifically catering to children with special
needs. Located on Hope Road, the Liberty Academy is an
independent institution founded in 1994 that aims to
create a balanced environment for special needs and
highly functional children at the pre, junior and high school
levels. The school is currently in construction phase, and is
being expanded by the Foundation, to be able to
accommodate even more children with special needs in
the schools inclusive education programme. Equipped
with a special education department, the school thrives to
make both special needs children and typically performing
children feel included in all activities. According to the
schools Principal, Suzanne Williams, the school currently
has an enrolment of 33 special needs children with
challenges ranging from autism to downs syndrome,
dyslexia, cerebral palsy and hearing impairments. Williams
explained, We offer our programme in two ways, we have
self-contained classrooms then you have children who are
integrated into the regular programme and are performing

well. We try to get both sets of children to interact, so they

are mixed during physical education, music and a variety
of classes. They also share devotion and are involved in a
number of extracurricular activities such as gymnastics
and performing arts. The Academy will soon be able to
facilitate an additional 60 special needs children as of
early 2015 when they officially open their refurbished
facilities. The Digicel Foundation has graciously come on
board and is in the process of refurbishing the special
needs department so that we can expand our services and
accommodate more children. The Foundation has also
provided quite a bit of training to our teachers to improve
their skills and this has worked very well, Williams said.
The work currently being done by the Foundation includes
the addition of two classrooms, refurbishing of the
bathrooms to allow for wheelchair access, as well as
access to the buildings via ramps. Work also includes
improvements in the flooring, electrical wiring, fencing,
roofing and the provision of a fire alarm system. For
Williams the expansion is a dream come true. She said, I
am delighted; it has always been part of our vision as a
school from the beginning to create an institution to
students with varying disabilities. I am excited about the
programme development. It is a real joy to watch these
students through care and stimulation find niche areas
they can excel in. You can see it in their physical
demeanour, once they walked with their heads down and
now they carry themselves different with their heads high.
Were into transforming lives.

Grants Program
In Haiti, there is an adage which goes men anpil chay
pa lou it means that where there are many hands,
the burden is little. With this meaningful proverb in
mind, Digicel Foundation recognizes how vital it is to
work in concert with local communities to guide
community members towards a better life.
Upon opening its doors in 2007, the foundation
embarked on a mission to assist in the development of
its communities. Not long after, both Digicel and the

Digicel Foundation began serving thousands of

families who lost everything in the floods of Gonaives.
From there, the Digicel Foundation began making
substantial impressions across Haiti.
Over the last nine years, more than one million people
have been touched by the foundations social
investments in various sectors; including education
and capacity building, special needs, human rights,
the environment, water accessibility, improved health
and sanitation, agriculture, and technology. Because of
our partners remarkable efforts, adults have learned
how to read, Special Olympic athletes earned a
historic twelve medals center stage at the World
Games, many lives were spared from cholera, and
thousands of youth gained access to development
programs.
The Digicel Foundation Grants Program has already
invested in more than 120 projects. With its
longstanding partners, and new partners it hopes to
meet along the way, the foundation hopes to deliver
many more life-changing projects, while bringing
countless hands together to lessen lifes burden for
the most vulnerable populations.
Together we can!

School
Construction
The Digicel Foundation was still being established in
Haiti when an eager group of Digicel employees
headed to Ecole Mixte Lageho; a primary school in the

hurricane-ravaged Pont Janvier, in the rural community

of Thomazeau. The school was a dilapidated,
windowless,tin structure with dirt flooring, no
partitions between the classrooms, and no furniture for
the students. On that day, it became clear to those
eager Digicel employees, that improving the learning
environment for the estimated 200 children who
attended that school, would become Digicel
Foundations first project in Haiti.
On March 5th, 2007, less than six months after the
initial visit to Ecole Mixte Lageho, the Digicel
Foundation was officially launched in a joyous
ceremony that marked the completion of the
rebuilding of Ecole Mixte Lageho in record time. The
primary school, with six new fully furnished
classrooms, and a proper administration had become a
bright and energizing learning center. The day was
drawing to a close when Denis OBrien, Digicel
Chairman and Digicel Foundation Patron, who travelled
to Haiti for the special occasion, announced that he
had a new challenge for the team the new goal was
to rebuild a total of 20 schools by March 2008. The
school construction program was ushered in, and grew
to transform the learning environments of tens of
thousands of children across Haitis 10 departments.
The program intensified after the 2010 earthquake
with a commitment to rebuilding an additional 130
schools. The 150th school was inaugurated on
November 19th , 2014. To date, the Digicel Foundation
has selected an additional 25 school construction
projects which it intends to complete by March 2017.
Watunou Primary School in the Alotau District of Milne Bay
Province opened the doors to its new library infrastructure
on Tuesday 15th March 2016 in a colourful official opening
ceremony in the presence of the school and residents of
the surrounding community. The signature white walls and
red roof, which has become synonymous with Digicel PNG
Foundation funded infrastructure, was immaculately
decorated, ready to be opened and utilised by the eager,

bubbly students of Watunou Primary School. The Primary

School first received a double classroom in 2012 and over
the course of time built more classroom infrastructure and
doubled their student enrolment numbers. Digicel PNG
Foundation in recognising their community ownership and
good governance have rewarded the school with a library
worth K 110,000. The infrastructure comes fully kitted with
library shelves, library books, solar lighting, a teachers
desk and chair, students desks and a desktop computer
for cataloguing and setting up the library system. Two key
things which form part of our assessment criteria, when
auditing schools for a library reward are good governance
and community ownership. I commend the Board,
teachers and students of Watunou Primary School for
maintaining and looking after the classroom and also
growing this school. When our first infrastructure went up
here in 2012, we planted a seed which has bloomed and is
evident in how the school is growing and prospering. It is
very encouraging to see our communities taking
ownership to improve the lives of our people, especially
the young generation, said Beatrice Mahuru, CEO of
Digicel PNG Foundation. The launch was attended by
Guests of Honour, Governor of Milne Bay, Honourable Titus
Philemon and Minister for National Planning and Member
for Alotau Open, Honourable Charles Abel. Both Members
of Parliament expressed deep gratitude for Digicel PNG
Foundations investment in their province and also for our
partnership in development and attributed Digicel's
telecommunications services to connecting their maritime
province.

Denis OBrien, BC MBA82 Fellowship

Global business leader, entrepreneur, philanthropist, and humanitarian
advocate Denis OBrien, who received an MBA from Boston College in
1982, has generously created the Denis OBrien Fellowship at the
university. Irish citizens who matriculate in the Carroll School of
Managements full-time MBA program may qualify for the Denis OBrien
Fellowship.
Candidates for the fellowship must be Irish citizens whose academic,
professional, and other accomplishments reflect the high professional and
personal standards of Mr. OBrien, one of Irelands most prominent

entrepreneurial and philanthropic leaders.

The OBrien Fellowship will cover the full cost of attendance, including
tuition, fees, books, and living expenses for two years (or the duration of
the MBA program), as well as international travel. Eligible candidates will
receive consideration for the fellowship during the initial application review
by the Admissions Committee.
The admission of the first cohort of two OBrien Fellows to our two-year
MBA program will begin in the fall of 2016; a second cohort of two
students would be admitted in the fall of 2017; and a third cohort of two
students would be admitted in the fall of 2018.

Denis OBrien
Founder and patron

ADMISSION CRITERIA

The Carroll School of Management seeks to enroll a diverse class of bright

and creative future business leaders. We seek candidates who are driven
to make an impact in business and society.
In evaluating applications for consideration for the Denis OBrien
Fellowship, Dean Andy Boynton and members of the MBA Admissions
Committee look for academic excellence, strong work experience, and
outstanding potential for leadership. Courses in business administration or
management are not required, but students are expected to be proficient
in communication skills and mathematics.

APPLICATION REQUIREMENTS & DEADLINES

Application Requirements:
Boston College welcomes applications from graduates of accredited
colleges and universities. Please submit the online application for
admission, together with the following materials:
Current resume, including education and employment history
Academic transcripts from every college or university in which you were
enrolled in a degree-granting program
GMAT or GRE scores from within the past five years; GMAT school code:
44x-J5-96, GRE school code: 3033
Employment History, using the form provided within the online
application
Recommendation from an individual who can provide an objective
appraisal of your capacity for rigorous graduate study and your potential
for professional success
Personal essay, 500 words, 12 point font, double-spaced
Application fee of $100 USD is waived for Irish citizens. Please email
bcmba@bc.edu prior to submitting your application to receive waiver.
Admission interview by a member of the MBA Admission Committee
A class profile of the BC MBA Class of 2016 can be found on the BC
website. This profile includes data on both the applicant pool and enrolling
class, including academic measures, professional profile, and diversity.
Application Deadline:
Applications must be received by January 15, 2017 and complete (all
application requirements met) by February 15, 2017. Fellowship decision
notification will be made by March 15, 2017. By entering into the
application process, applicants must agree to share select application and

biographical information with the O'Brien Foundation.

For more information:
Please refer to our Admissions FAQs or contact the Office of Graduate
Admissions
W: bc.edu/mba
E: bcmba@bc.edu
T: 617.552.3920

http://www.bc.edu/schools/cso
m/graduate/mba/fulltime/class
profile.html
Guide to the Military Service
1916 1923
http://www.militaryarchives.ie/fileadmin/user_upload/MSPC/Guide_to
_the_Military_Service_%281916-1923%29_Pensions_Collection.pdf
http://www.military.ie/fileadmin/user_upload/images/Info_Centre/Doc
s2/archives_docs/summary_information_document_on_the_irish_regi
ments_of_the_british_army.pdf

Garda, Mahon Tribunal Denis O

Brien, Politicians and
Multinationals and Billionaires
Like Obrien and the Enormous
Corruption by Europe in Public
Tax Fraud
Sep 29, 2016 by Rita Cahill
https://www.scribd.com/document/325800086/Garda-MahonTribunal-Denis-O-Brien-Politicians-and-Multinationals-andBillionaires-Like-Obrien-and-the-Enormous-Corruption-by-Europe-inPublic-Tax-F

ACT Anti Corruption Taskforce

PEOPLES ASSEMBLY

'ACT - Anti Corruption Taskforce' will assemble outside the

Head Quarters of the Gardai (Irish Police Force), Phoenix
Park, Dublin 8 at 3.30pm on Sunday 2nd October 2016 to
demand an immediate end to corruption, malfeasance and
criminality within the Gardai.
At this event we will highlight instances of criminal activity
of members of the Gardai, evidence of Gardai perverting
the course of justice and naming and shaming rogue
Gardai in all ranks.
We will also read out a list of a number of people who died
mysteriously in Garda custody over the past 2 decades,
whose deaths were never properly investigated and whose
grieving families have never been given closure.
We will also highlight and call for an immediate END to the
close and cosy relationship which exists between the
Gardai, the Judiciary, the Legal Profession and the
established POLITICAL PARTIES.
'ACT - Anti Corruption Taskforce' will also be making a
public call for the immediate resignation of Garda
Commissioner Norin O' Sullivan on the grounds that she
has NOT, among other things, cleaned up the image of our
police force, she has NOT protected whistleblowers within
the force, she has NOT launched proper investigations into
deaths in Garda custody, she has NOT launched proper
investigations into certain cold case murders and she has
NOT launched proper investigations into the
disappearance of missing people, some of whom are
innocent children.
We invite all groups who are campaigning for social
justice, economic justice and legal justice or any other like
minded campaigns to join with us in highlighting and
fighting corruption in Ireland on SUNDAY 2nd OCTOBER @
3.30pm at Garda HQ, Phoenix Park.

Denis O'Brien's Company Installing Water Meters

There was some controversy over on politics.ie some time ago

about the prospect of someone criticised in the Moriarty
Tribunal getting the contract to install our water meters
through the possible takeover of Siteserve. Well DOB front
Millington has now indeed taken over Siteserve. Siteserve has
been sold to Millington, which is an acquistion vehicle
controlled by Denis O'Brien. The installation of water meters
will be implemented by GMC/Sierra Ltd, J Murphy & Sons Ltd,
and Coffey Northumbrian Ltd. Sierra is part of the Siteserve
Group.
There was some controversy over on politics.ie some time ago
about the prospect of someone criticised in the Moriarty
Tribunal getting the contract to install our water meters
through the possible takeover of Siteserve. Well DOB front
Millington has now indeed taken over Siteserve. Siteserve has
been sold to Millington, which is an acquistion vehicle
controlled by Denis O'Brien. The installation of water meters
will be implemented by GMC/Sierra Ltd, J Murphy & Sons Ltd,
and Coffey Northumbrian Ltd. Sierra is part of the Siteserve
Group.
http://www.politics.ie/forum/current-affairs/213636-denisobrien- etc ...
http://www.irishtimes.com/news/environment/water-meterinstallati etc ...
Given the findings of the Moriarty Tribunal report is this
appropriate?
http://en.wikipedia.org/wiki/Moriarty_Tribunal#2011_Findings
Conclusions
Lowry "secured the winning" of the 1995 mobile licence for
O'Brien.
O'Brien made two payments to Lowry in 1996 and 1999
totalling IR500,000 (GB147,000 and GB300,000) and
supported a loan of GB420,000 given to Lowry in 1999, a
benefit equivalent to a payment.
Lowry imparted substantive information to O'Brien which was
"of significant value and assistance to him in securing the
licence".

Lowry bypassed consideration by his Cabinet colleagues and

thereby not only influenced, but delivered the result for Esat
Digifone.
A US$50,000 donation to Fine Gael was made through Telenor
on behalf of Esat Digifone.
Lowry sought to influence a hike in the lease for Marlborough
House (Telecom Eireann headquarters) following a request
from Mr Dunne. These rent increases would have improperly
enriched Dunne, and were deemed to be "profoundly corrupt".
Lowry was criticised for his "cynical and venal abuse of office"
and his brazen refusal to acknowledge the impropriety of his
financial arrangements with O'Brien and Dunne

The 13, which include developers such as Joe O'Reilly and

Bernard McNamara, owed a total of 13.9bn in March
2009, according to a government review by accountants
PWC, which was completed around May of that year.
PWC told the Government that the bank's top borrowers
would only cost the State 629m and that the bank was
"not unreasonable" in its prediction in March 2009 that
losses on the entire loan book would only be 4bn.
This figure has since ballooned to between 25bn and
30bn demonstrating how badly the property crash
caught out the then government and its many advisers.
IBRC's biggest individual borrower by a long stretch is the
family of Sean Quinn, which then owed the State 2.2bn,
and they are joined on the list by a number of Ireland's
best-known property developers.
Denis O'Brien, the telecoms entrepreneur, is listed as
owing Anglo Irish Bank 833.8m on foot of personal and
corporate loans just after the bank was nationalised in
2009, making him its then sixth largest borrower.
Mr O'Brien has over the past three years reduced his
borrowings to under 500m using cash generated by his
Caribbean and Pacific-based mobile phone empire.
Ireland's fourth richest man is understood to hope to
reduce his borrowings to 300m some time this year as
part of an extensive, agreed debt-repayment plan. He has
not missed an interest payment and is considered the
bank's best-performing large borrower.

Mr O'Brien's mobile phone company Digicel has debts to

various banks of billions but it also had revenues last year
of $2.23bn and earnings of $954m making it more than
capable of servicing its debts.
Digicel raised $250m in February through a bond issue
which was used to buy a rival mobile phone company in
Haiti for $97m. Some of this money, combined with
Digicel's strong cash generation, may have been used to
reduce Mr O'Brien's debts to IBRC and to fund his 45m
acquisition of Siteserv, the infrastructure and utilities
support services business.
This purchase was controversial as the taxpayer took a
105m hit on Siteserv's sale and there were allegations
that the company might have been sold for more to a trade
buyer. This has been denied by Siteserv and its advisers.
Mr O'Brien's borrowings from Anglo go back to when he
founded 98FM, the Dublin pop radio station, and
continued as he bid for Ireland's second mobile phone
business. It lent to him when he set up Digicel in the
Caribbean and branched into golf and property
investments.
The multibillionaire, who employs 2,000 people in
Ireland, has defended his friend Sean FitzPatrick, Anglo's
former chairman, who has become a scapegoat for
Ireland's entire economic collapse. "Anglo Irish Bank has
been blamed for absolutely everything that has gone
wrong in Irish banking. That is both wrong and unfair,"
Mr O'Brien said in 2009.
Much of Mr O'Brien's and his fellow 12 borrowers' lending
took place under David Drumm, Mr FitzPatrick's
successor as chief executive, with funding from German
and French money markets.
Denis O'Brien is the largest single shareholder in
Independent News & Media, the publisher of the Sunday
Independent. He has lost an estimated 500m on his 21.6
per cent stake in the media group.

The story so far:

Denis OBrien owes Anglo hundreds of millions.

Siteserv owes Anglo 144 million.
Denis buys Siteserv debt-free for 45 million in
cash.
Now?
A FRENCH company has claimed it was denied the
opportunity to make an offer for Irish company
SiteservThe Altrad group, which owns companies in
the same areas of business as Siteserv, said at the
weekend that it had been prepared to offer 60
million for the Irish firm. But it was effectively
denied the opportunity because its
representative was told the Irish group was
not for sale.
Also:
Yesterday, the Sunday Business Post reported that the
underbidder for Siteserv is understood to have offered
a higher price for the company. Sources said that
Australian hedge fund Anchorage Capital had put
more money on the table, but elements of the offer
were considered less attractive then the OBrien bid,
the newspaper reported.
The full minimum wage would give a gross annual salary below
19,000 per annum for a 40-hour week.
The law requires individuals to challenge issues in the
workplace, and gives employers the right to refuse to deal with
workers collectively. Legally, an individual can challenge illegal
behaviour, but we put the onus on them rather than putting in
place structures to ensure their rights are in fact observed. (In
contrast, Sweden requires companies to have worker directors,
and has strong collective bargaining rights.)
Our income distribution is poor. The EU countries with worse
income inequality than us are Spain, Latvia, Bulgaria,
Romania, Greece, Lithuania, Portugal, Italy and Estonia.

If you're not careful, the newspapers will have you hating

the people who are being oppressed, and loving the
people who are doing the oppressing.

Interview with Emmet O'Neill from

Smiles at the

This is Emmet ONeill.

Hes the nephew of
media baron Denis
OBrien and was recently
appointed to the board of
Topaz alongside our
glorious ex-Taoiseach, the
big ignorant whatever
from Offaly.
Given the media hysterics about our dear

democracy being threatened by the mob,

what do some of those on receiving end of
protest think? Topaz
is being targeted because of Uncle Deniss
connection to meter installers GMC Sierra. So
heres a few tid bits of political
philosophy from Emmet back in January 2012
when he was boss man at Smiles.

This is Emmet ONeill. Hes the nephew of media baron

Denis OBrien and was recently appointed to the board of
Topaz alongside our glorious ex-Taoiseach, the big ignorant
whatever from Offaly.
He says in this video..
"What frustrates me is the constant bad news in the
media. It drives me mad. I feel what we need is a five year
period of dictatorship, sort it all out, give it back to us and
not allow anyone to have an opinion.
Imagine what he thinks OFF CAMERA...

Archie Talks
Jan 30, 2012
Emmet O'Neill from Smile Dental interviewed at the Archie
Talks. Find out more about Smiles here http://www.smiles.ie/.
Find out more about the Archie Talks and Archipelago here
http://www.archipelago.ie / or check us out on Facebook here

http://www.facebook.com/www.archipela..
https://www.youtube.com/watch?v=RBAToW-MbOk&feature=share

Whatfrustratesmeistheconstantbadnewsinthe
media.Itdrivesmemad.Ifeelwhatweneedisa
fiveyearperiodofdictatorship,sortitallout,give
itbacktousandnotallowanyonetohavean
opinion.
Ah sure maybe hes only codding, says no
one ever as our collective jaws drop. Hes
punted the idea around before too. Look at
that smile. He loves the idea. Maybe he
picked it up in his UCD BComm?
Props to Johnny Leaflet on Facepuke for the
tip-off.

oin us as we send a clear message to Denis O'Brien and

his mates in the Government and Irish Water that if they
don't stop bullying us, beating us, trying to jail us and
steeling our resources then we will expand the struggle
and bring them to account.
Denis owns Topaz and he also owns GMC Sierra who not
only are illegally trying to install meters on a people who
don't want them but are trying to jail 19 ordinary North
Dublin residents who have stood up to him.
He is the richest man in Ireland, worth over 3 billion and
still pays no tax here.

A UCD business graduate! Enough

said. Those chaps were born in suits,
educated thinking the have a God
given right to be exempt from the
others in society! Todate have never
taken a UCD graduate seriously!
Join us, bring your own banners, bring your family and

friend, bring whistles.....

OBrien dragged into US presidential

campaign
SEPTEMBER 29, 2016

Clinton business links are Trump's latest target. Pic: Getty

Trump highlights Clinton links in statements attacking

rival
US Republican presidential candidate Donald Trump has brought
Irish businessman Denis OBrien into his latest attack on
Democratic rival Hillary Clinton.
In a statement published on his website, Trump makes disparaging
comments about OBrien, who is referred to as a "cell phone tycoon
with close ties to the Clintons". The statement includes links to a
number of media reports and commentary on controversies
surrounding OBrien and his business activities.
It links to a Clinton Foundation list of donors which says that
OBrien and his Digicel mobile phone company have donated
between $10m and $25m to the foundation.
The statement also goes into detail about the award of the second
mobile phone licence to Esat Digifone in 1995 and the subsequent
establishment and findings of the Moriarty Tribunal, again with
links to Irish media reports. It also highlights the controversy over
OBriens purchase of Siteserv, which sparked the setting up of a
Commission of Investigation into IBRC, the former Anglo Irish
Bank.
it also refers to various legal actions involving the businessman in
Ireland.
The OBrien release is one of a series labelled Follow the Money
released on Trumps website, which focuses on alleged links
between the Clintons and a number of business people.

http://www.businesspost.ie/obri
en-dragged-into-uspresidential-campaign/

Hillary Clinton's poll lead has been eroded. Pic: Getty

Democratic candidate's lead among women and young

people has narrowed
Donald Trump and Hillary Clinton are locked in a tied two-way
race for the presidency as they head to Hofstra University in New
York on Monday night for one of the most highly anticipated
debates in modern politics.
The Republican and Democratic nominees each get 46 per cent of
likely voters in a head-to-head contest in the latest Bloomberg
Politics national poll, while Trump leads 43 per cent to Clintons 41
per cent when third-party candidates are included.
Clinton faces higher expectations as tens of millions of people tune
in for a television spectacle that could reach Super Bowl viewership
levels. About half, 49 per cent, say they anticipate the former
secretary of state will perform better, while 39 per cent believe
Trump will win the debate.
Ann Selzer, the Iowa-based pollster who oversaw the survey, said
there were signs that Clintons margins with women and young
voters have eroded over the past three months, helping to explain
Trumps gains.
Clinton had a 6-point advantage on Trump in the two-way race in
August and a 4-point advantage when third-party candidates Gary

Johnson and Jill Stein were included. She had a 12-point edge on
Trump in June, when Johnson was also included.
The Democrat had a 26-point lead among female likely voters in
June, when she was tested against both Trump and Johnson. She
has a 13-point advantage in this poll when measured only against
Trump, getting 52 per cent to his 39 per centsimilar to her 15point advantage in August.
Among likely voters under 35 years old, Clinton gets 50 per cent to
Trumps 40 per cent, down from her 29-point margin in August in
the two-way race and from her 26-point margin in June in the
three-way race.
The polls margin of error is plus or minus 3.1 points. It was taken
from Wednesday to Saturday, after Clinton took political heat for
calling half of Trumps supporters deplorables and for disclosing
she had pneumonia after a video caught her falling ill at a
September 11 ceremony.
Both major nominees face skepticism from a majority of likely
voters about their trustworthiness and their willingness to tell the
public everything it wants to know to decide if they are fit to serve.
More than seven in 10 rate Clintons truthfulness as just fair or
poor, while more than six in 10 say that of Trump.
The most connected man in Ireland you've never heard of" according to a
well researched piece in last Sunday's IMOS by Ben Haugh and Michael
O'Farrell
Dix is in the news at the moment because he's the only director of
Siteserv to remain in place since its sale to Millington in March 2012 and
because of his connection to the Longford Centre Parcs resort deal
announced last month.
Some details from the IMOS piece:
* Dix worked for over twenty years at KMPG
* He's a member of Howth Yacht Club and once raced with Richie
Burrows, the former BOI governor. Dix is now chairman of BOI Private
Banking. He was appointed to the Harnessing our Ocean Wealth Taskforce
by Simon Coveney in 2013. He was in a consortium with Coveney's father
Hugh that put together the Irish entry in the 1989 Whitbread Race.
* He and his wife own a 50% share of three apartments in Douglas in
Cork. Her brother Brian McKiernan, CEO of Davy Stockbrokers, owns the
other 50%Dix has been a director of Center Parcs Ireland since March.
The company is owned, via a company in Luxembourg, by a Blackstonecontrolled entity in the Cayman Islands.
* From the IMOS: Asked about the Centre Parc Longford deal, Coillte, led

since April 15 by former Coveney adviser Fergal Leamy, said it could not
comment on commercially sensitive matters. Centre Parcs said Mr Dix had
been recommended to them as their new Irish company required an Irish
board member.
Asked who had recommended him the spokesperson responded I dont
know Asked if Mr Dix played any role in negotiations at government level,
the spokesperson said Mr Dix has had no involvement in any
organisations regarding this project
*Dix and former IRBC executive Richard Woodhouse have set up a
company called The Working Capital Company which plans to provide
finance for SMEs.
Woodhouse was the executive who was in charge of tracking down Quinn
assets for IRBC up until its liquidation. Dix was given a similar role in
relation to Quinn when KMPG liquidator Kieran Wallace took over.
* He was also appointed as a director of Kilkennys private Aut Even
Hospital last year when it was taken into receivership under Wallace last
year.
It was reported that Denis OBrien was looking at a possible purchase but
opted for the Sandyford Beacon Hospital instead.
Bilderberg buddies Simon Coveney and Denis OBrien, just another spindle
on the web of corruption.
On the register of members's interests on the Kildare Street website,
Coveney declared the following... Shares: (1) Private Wealth Managers, 72
Merrion Square, Dublin 2: wealth management investment group; (2)
Coveney Family Investment Club, 49 Dawson Street (This is the address
of Davy stockbrokers, I suppose Coveney family investment club has a
softer ring to it!), Dublin 2: family investment fund."
72 Merrion Sq is the address that FL partners operate out of, FL was
founded by Peter Crowley and Neill Hughes in 2006, it is an "investment
boutique" with typical deals of between "25m-500m", no small change
indeed. Wherever there's big money around, DO'B won't be far away....
Neill Hughes
"Neill was Chief Executive Officer of Island Capital, an in-house corporate
finance resource and investment fund for Denis OBrien, one of Irelands
most successful entrepreneurs, from 2000 to 2004. During this time Neill
led the fund-raising for the growth of Digicel from license purchase/startup to today (ca. 1bn EBITDA). While at Island Capital, Neill also
completed a number of significant public and private transactions
including the take-private of PGA European Tour Courses plc and the
purchase with management of Sita Environmentals Irish businesses".
Peter Crowley
Prior to establishing FL Partners, Peter was Chief Executive Officer of IBI
Corporate Finance, Irelands leading corporate finance house, for seven
years ending in September 2006. The Crowley family are highly
influential in Irish society, his brothers Vincent Crowley, chief operating
officer of DOBs Independent News & Media (INM); Niall Crowley, ex-chief
executive of the Equality Authority and Maurice Crowley, general manager
at AIB for 26 yrs, recently Maurice worked as Programme Director for EBS
Building Society/Anglo Irish Bank integrations.
FL partners are the moneymen behind UTV Ireland and Im sure they had

the blessing of the corrupt coalition when UTV was granted a broadcasting
license for the Rep. last year. UTV has taken channel 6 from RTE newsnow
which has been moved to channel 21 on Saorview. (no prizes for guessing
who will be supplying UTV with news
They like to call Ireland the best little country in the world to do
business, it certainly is if you dont pay a cent tax here, get 100s of
million in debt written off for numerous companies at tax payers expense
and have puppet politicians passing legislation to ensure that future
competition will be non-existent http://www.irishtimes.com/.../newmedia-merger-guidelines.... Back in 2012 DOBs nephew Emmet ONeill
said this, I feel what we need is a five-year period of dictatorship, sort it
all out, give it back to us and not allow anyone to have an opinion. Im
not sure what year of the dictatorship were in now but if enough people
dont wake up to this cabal then things will get a whole lot worse.
Simon Coveney has been keeping a low profile amongst the FG puppets
lately and has so far steered clear of the IW fiasco, Coveney is also
rumored to be the next leader of FG when Enda packs it in, mark my
words, hes one to keep a close eye on.

Irelands ranking shows how little faith investors have in our ability
to prevent the abuse of power. Our failure to hold people to account
for wrongdoing is also having a negative impact on international
perceptions of Ireland. There appears to have been very little action
taken on foot of the publication of the final Moriarty Tribunal report,
while The Taoiseachs decision to make public appearances with
Denis OBrien after the publication of the report will have done our
international reputation no favours Transparency International,
5th December 2012

The man who owns 29.9% of Independent News and Media, the
countrys biggest private media group and who is widely seen as
controlling the group with a long-term associate installed as
chairman and two nominated directors on the board, is also the
man who controls the countrys largest private radio group,
Communicorp and indeed his so-called right hand man Paul
Connolly owns 50% of Elevation Media Limited which in turn owns

100% of F5 Communications (Ireland) Limited which produces the

premier domestic business magazine, Business and Finance this
man is Denis OBrien.
And this morning, he is mentioned twice in the release which
accompanies the publication of the annual Corruption Perceptions
Index by Transparency International, an index which tracks
countries worldwide in making their countries more honest. The
2011 Index has Ireland falling a record 11 places to be the
25th cleanest, most honest country in the world in 2010 we were
regarded by Transparency International as being the 14th most
honest country in the world, six places ABOVE our neighbours in the
UK; today, the UK has leapfrogged us and we are today one place
BELOW the UK.
Our deterioration is blamed on what Transparency Internationals
Irish chief executive, John Devitt, says is our failure to hold people
to account for wrong doing.
The statement accompanying todays publication of the index states
The poor results come after a succession of political controversies.
The Moriarty and Mahon Tribunals published negative findings
against politicians and business people after 15 year-long
investigations into corruption and payments to government
ministers. There was further controversy a year after the publication
of the final Moriarty Tribunal report when the Taoiseach shared a
platform at Wall Street with Denis OBrien, a leading businessman
linked to clandestine payments to the former minister for
communications, Michael Lowry. Mr Lowry was found to have
influenced the award of the second mobile phone licence to Mr
OBriens consortium in 1995.
This is the scene at the New York Stock Exchange on 19th March
2012 and the Sunday Independent previously claimed that An
Taoiseach Enda Kenny knew that Denis OBrien would be present 12
days in advance of the event in New York which formed part of the
traditional Irish visitation to the US as part of the annual St Patricks
Day celebrations.

Denis OBrien and Michael Lowry have consistently disputed the

findings of the Moriarty Tribunal, an Irish mechanism whereby a
judge was appointed, initially to examine the finances of politicians
but is probably best known today for examining the circumstances
in which a mobile phone licence was awarded to Denis OBrien in
the mid-1990s when Michael Lowry was the Fine Gael
communications minister. The Tribunal sat for 15 years and its
ultimate cost is yet to be settled but is likely to be in the hundreds
of millions, and it concluded, according to Elaine Byrne writing in
the Sunday Independent in an article which I dont believe is
subject to libel proceedings Judge Moriarty concluded that OBrien
donated almost IR1m in clandestine circumstances to Lowry
who, according to the tribunal, not only influenced, but delivered
the licence.
The latest update from Government on dealing with the Moriarty
Tribunal report, from our soporific justice minister Alan Shatter
appears to have been in May 2012 when he responded to a
parliamentary question by saying I am informed by the Garda
authorities that following their examination of the report of the
Moriarty Tribunal, they are consulting with the Director of Public
Prosecutions as to whether aspects of it may be pursued from a
criminal point of view.
Last year, Michael Lowry lost a libel case taken against former
Independent News and Media journalist Sam Smyth with the judge
in the case stating But of course tribunal hearings and findings
may be reported upon by the media and tribunal findings may
certainly provide a roadmap or trail for other bodies or persons with
an interest in the subject matter of inquiry, be it the Oireachtas, the

Office of the Director of Public Prosecutions or litigants who engage

in private litigation. Shorn of this characteristic, the function of
tribunals would be rendered totally nugatory and pointless. The
critical consideration in the cases cited above is that tribunal
findings do not of themselves constitute material of probative value
in such proceedings. They may however point to sources of
evidence which may then be accessed in that separate context.
It seems that only does Denis OBrien operate in some of the most
corrupt countries on the planet according to Transparency
International countries like Haiti but he is now associated with
the reputation of this country deteriorating, though it should be said
that he hasnt been charged or convicted of any crime, disputes the
findings of the Moriarty Tribunal and welcomes the forthcoming
court case taken by the failed bidders for the mobile phone licence
as an opportunity to vindicate his position.
UPDATE: 9th December, 2012. The Irish Times yesterday carried
this story with reaction from Denis OBrien who has apparently
issued a statement which said When contacted by a representative
of Mr OBrien, Mr Devitt revealed that he had included Mr OBriens
name in the press release even though Mr OBriens name was not
mentioned, referred to or raised in any of the documents on which
the index for 2012 was based..when asked who took the decision to
introduce Mr OBriens name he [John Devitt, Transparency
International] responded: I would have taken the final decision
The Irish Times also reports But a statement released by Mr
OBrien last night said Mr Devitt had admitted earlier yesterday
there was no reference to the businessmans name in the surveys
used to compile the index. This is despite a number of mentions of
Mr OBrien in the press release on the index, the statement said.
Report of the Tribunal of Inquiry into Payments to Politicians and
Related Matters Part I 2006
http://www.moriarty-tribunal.ie/images/SITECONTENT_26.pdf

Moriarty Tribunal Report Part II Volume 1

https://assets.documentcloud.org/documents/75525/tribunal-1.pdf

Moriarty Tribunal Report Part II Volume 2

https://assets.documentcloud.org/documents/75621/moriarty2.pdf

OBrien: tribunal is concealing

information
MULTI-MILLIONAIRE businessman Denis OBrien has
accused the Moriarty Tribunal of deliberately concealing
information which would have been beneficial to his case.
This comes in the wake of the decision by chairman Justice
Michael Moriarty not to call economist Dr Peter Bacon as a
witness in relation to the awarding of the States second
mobile phone licence to Esat Digifone.
He had been employed by the tribunal at an estimated
cost of 100,000 to draft a report in relation to how the
competition for the licence had been conducted.
Mr OBrien said: This recent and convenient reappraisal
of Mr Bacons status is completely at odds with statements
made and positions previously adopted by the tribunal.
Mr Justice Moriarty, in a ruling posted on the tribunals
website, said he had decided not to call Dr Bacon despite
earlier indications he would.
Mr OBrien said yesterday: I welcome the release of the
tribunals long-awaited ruling on the issue as to whether
or not the tribunal intended to call Peter Bacon as a
witness.
However, I am extremely concerned as to its contents
and by the failure of this ruling to deal with a number of
very important issues concerning the attitude and
procedures adopted by the tribunal in respect of its
dealings with Michael Andersen/Andersen Management
International, the internationally-renowned expert Danish
consultants retained by the Irish Government in 1995 to
advise on the process leading to the awarding of the
second mobile phone licence to Esat Digifone.
I am equally concerned by the tribunals failure in this
ruling to avail of the opportunity to outline in full for the
public benefit the tribunals dealings with Peter Bacon and
the many serious issues that arose from those dealings as
they may affect its ability to make further findings. There
must also be a public concern at the failure in this ruling to
justify the enormous costs to the State of the tribunals
engagement with Mr Bacon, he said.
Mr OBrien is consulting with his legal team.

Peter Bacon, an economist, is manifestly not, and never

was, an expert in the field of mobile telecommunications
competition processes, or indeed in the field of
telecommunications generally, and the tribunals
undisclosed engagement of him in private (prior to any
evidence having been heard) in order to undermine the
evaluation process leading to the awarding of the second
mobile phone licence was completely and fundamentally
wrong.
This position now appears to have been, very belatedly,
accepted by the tribunal, but the consequences of this
failure to abide by proper procedures and due process
remain unaddressed, said Mr OBrien.
Mr Justice Donald Binchy (June 3, 2015). Denis O'Brien-v-RT
redacted judgment (PDF). The High Court. p. 11. Retrieved June 18,
2015. paragraph 20 (e) ...over 300 million

https://static.rasset.ie/documen
ts/news/dob-v-rte-redactedjudgement.pdf
COUCHE-TARD COMPLETES ACQUISITION OF TOPAZ IN
IRELAND

http://corpo.couchetard.com/wpcontent/uploads/2014/06/201602-01-Press-Release-ClosingTopaz.pdf

Supreme Court
dismisses O'Brien
Moriarty witness
appeal
Updated / July 12, 2016 14:38

This is the actual article body

The Supreme Court has dismissed an appeal

by businessman Denis O'Brien against a High
Court ruling relating to the cross examination
of a key witness at the Moriarty Tribunal.
The High Court had rejected Mr O'Brien's
claim in 2011 that the tribunal had
incorrectly restricted his lawyers' cross
examination of Danish telecommunications
expert, Professor Michael Andersen.

That decision has now been upheld by a five

judge Supreme Court.
Prof Andersen was a witness as part of the
tribunal's investigation into the awarding of
Ireland's second mobile phone licence to Esat
Digifone in the mid 1990s.
Mr O'Brien claimed there was a breach of fair
procedures by the tribunal chairman, Mr
Justice Michael Moriarty in limiting the
amount of time his lawyers had and the
extent of the questions they could ask
Prof Andersen.
Mr O'Brien claimed that Prof Andersen's
evidence was critical to the outcome of the
tribunal.
The professor was managing director of
Andersen Management International, the
consultants engaged by the Department of
Transport, Energy and Communications in
April 1995 to assist civil servants in assessing
the six applications for the licence.
Mr O'Brien wanted to cross examine Prof
Andersen about meetings with lawyers for
the tribunal.
The professor had alleged that the certain
members of the tribunal's legal team were
biased against Esat Digifone.
Lawyers for the tribunal had claimed that
these proceedings were moot - or had little
practical significance or relevance because
Mr O'Brien had not tried to stop the tribunal
publishing the part of its report which dealt
with Prof Andersen's evidence and had not

challenged the report.

It was published in March 2011. The Supreme
Court agreed that the appeal was in fact
moot.
Chief Justice Ms Justice Susan Denham found
that it was a central factor that Prof
Andersen's evidence was favourable to Mr
O'Brien.
She upheld the High Court's ruling that the
Prof Andersen gave evidence, that in his
opinion the tribunal's lawyers were biased,
that he had explained in detail what he
meant, and that the most that could have
been hoped for was that he would repeat
himself and perhaps, "gild the lily".

In her ruling, the Chief Justice said it was

difficult to imagine that anything more
favourable to Mr O'Brien could have been
elicited on cross examination.
She continued that the rulings by the tribunal
chairman in this issue were an illustration of

the case management of a tribunal.

She said it was essential that a tribunal be
case managed by a chairperson.
It became apparent Prof Andersen was
available to give evidence, having previously
declined to do so, some considerable time
after the provisional findings of the tribunal
had been circulated to interested parties, she
added.
She said in circumstances where the
professor had indicated his availability was
limited, it was necessary to indicate the time
available to various parties to cross examine
him.
She said the curtailment of time to Mr
O'Brien's lawyers for a period of six hours
was clearly appropriate and took into account
Mr O'Brien's rights and the rights of other
parties.
It was a balancing of rights that was
eminently reasonable in the circumstances of
the case and it was consistent with fair
procedures, she said.
She found Mr O'Brien's rights to fair
procedures, and constitutional justice had not
been breached.

http://www.rte.ie/news/2016/0712/80185
3-supreme-court-ruling/

Denis O'Brien: High court

injunction prevents Irish
media reporting on
businessman's finances
By Shane Harrison
BBC NI Dublin correspondent
29 May 2015From the section Europe

Image caption
Businessman Denis O'Brien obtained an injunction preventing Irish
media outlets from reporting on certain details of his finances

Ireland's richest man has used a high court injunction

to prevent the country's media covering details of his
personal finances that were mentioned in parliament.
Media mogul Denis O'Brien has a fortune estimated to be
around 5bn.
The purchase of one of his companies has been
discussed in the Dil [Irish parliament].
But media have been unable to report that due to an
injunction deemed to outweigh parliamentary privilege.
Mr O'Brien has extensive media and telecommunication
interests around the world and is the biggest shareholder
in Independent News and Media, the company that owns
the Belfast Telegraph.
He first began to make serious money when he won the
second mobile phone licence in the Republic of Ireland.

Interest
The subsidiary of Siteserv, one of the companies he owns,
is currently involved in installing the controversial meters
for the highly unpopular water charges in Ireland.
Catherine Murphy, a left-wing independent politician, has
obtained details through freedom of information requests
about the sale of the company to Mr O'Brien by the
nationalised former Anglo Irish Bank, now the Irish Bank
Resolution Corporation or IBRC.
75m (105m euros) of taxpayers' money was written-off in
that deal.
But Mr O'Brien obtained an injunction stopping Ireland's
national broadcaster RT and other media outlets from
reporting on certain details of his personal finances and
his relationship with the former Anglo-Irish bank.
On Thursday, Miss Murphy said in the Dil that there was
a significant public interest in Mr O'Brien's finances.
She added that there are large outstanding sums and that
the interest rate he was paying should arguably be much
higher.
The Irish media have not been able to report the detail of
what Miss Murphy said because the Dil's privilege is
outweighed by the high court injunction.
But the information is available on the Dil website and in
the media beyond the island of Ireland.
Because of the injunction, the BBC can only report that Mr
O'Brien was a major debtor to the former Anglo Irish Bank,
and that when his loans had expired he sought the same
terms from the bank that had allowed him to pay off his
own loans in his own time at low interest rates.

Exile
Late on Friday afternoon, RT said it would be making an
application to the high court next week for permission to
broadcast Miss Murphy's statements in the Dil.
The broadcaster said it had "consistently maintained that
greater levels of disclosure is in the public interest;
however we have complied fully with the court's decision".
Mr O'Brien is a noted philanthropist with an interest in
human rights and was involved in bringing the Special
Olympics to Ireland in 2003.
But his critics describe him as a tax exile.
They point out that the Moriarty tribunal into suspected
corruption found that, in the 1990s, Mr O'Brien received
assistance from the then Fine Gael communications
minister Michael Lowry in securing a mobile phone
licence.
Mr Lowry received large sums from Mr O'Brien in complex
financial transactions.
Both men have strongly denied any wrongdoing and no
criminal charges were ever brought in relation to the
findings.

http://www.bbc.com/news/world-europe32936667

Politicians question
Siteserv sale in Irish
parliament
By Shane Harrison
BBC NI Dublin correspondent
24 April 2015From the section Northern Ireland

Image caption
Irish businessman Denis O'Brien

For months now the Republic of Ireland's political debate

has been dominated by the issue of water charges.
But as BBC NI Dublin correspondent Shane Harrison now
reports, there's a major political row because of a new

focus on which companies are benefitting from the

controversial charge.
At one stage, barely a month went by without tens of
thousands taking to the streets to voice their opposition to
water charges and Irish Water, the utility company tasked
with overseeing the project.
At the same time in local communities, particularly in more
deprived areas, there were attempts to stop workers trying
to install the meters.
Arrests, court cases and even jailings followed.
It was not uncommon to see at such protests placards
linking the meters to Denis O'Brien, one of Ireland's richest
men.
He has extensive media and telecommunications interests
across the world including, amongst other newspapers,
the Belfast Telegraph.
'Irish parliament'
He is a noted philanthropist who supports human rights
causes and was involved in bringing the Special Olympics
to Ireland in 2003.
But his critics describe him as a tax exile and point out that
the Moriarty Tribunal into suspected corruption suggested
that in the 1990s he got assistance from the then Fine
Gael Communications minister, Michael Lowry, in securing
a mobile phone license after Mr Lowry received 33,000
($50,000) from Mr O'Brien in a complex financial
transaction.
Judge Moriarty found that that it was "beyond doubt" that
Minister Lowry gave "substantive information to Denis
O'Brien, of significant value and assistance to him in

securing the license" during at least two meetings between

the two.
Both men have strongly denied any wrong-doing and no
criminal charges were ever brought.
The result is that Denis O'Brien has become something of
a bogey-man for the left who believe there may be too
cosy a relationship between him and Fine Gael, the main
government party.
This week the Independent TD, Catherine Murphy,
published heavily redacted or blacked out Freedom of
Information (FOI) material she had received from the
Republic of Ireland's Department of Finance about a
company linked to Denis O'Brien, Siteserv.
It specialises in providing support services to major
infrastructure projects and one of its subsidiaries is
involved in Irish water metering.
'Freedom of Information'
Catherine Murphy's FOI material would appear to suggest
there were concerns in the department about the sale of
Siteserv to Mr O'Brien's companies in 2012 by the
nationalised Irish Banking Resolution Corporation (IBRC),
the former Anglo-Irish Bank and former Irish Nationwide
Building Society.
The sale for 32 million (45m) was controversial because
75m (105m) of taxpayers' money was written off.
The issue has now been raised on successive days by
opposition politicians in the Irish parliament, and there are
calls for an enquiry.
During Leaders' questions in the Dail, Sinn Fein deputy
leader, Mary Lou McDonald, said: "We know that the same

legal advisers acted for both the purchaser and the seller.
"We know that the shareholders got a sweetener of 3.5
million pounds (5m) to ensure that this deal went ahead.
"We know that the Denis O'Brien company was not the
highest bidder and yet they emerged as the successful
bidder. We also know that the Minister for Finance was
briefed on serious concerns by the Department about this
transaction, and briefed on other concerns on other
transactions and the modus operandi of the IRBC," she
said.
'Examine sale'
But the Finance minister, Michael Noonan, has said he
has been reassured that the sale of Siteserv was carried
our properly and in the Irish state's best interest.
He said he and his officials would examine all the files.
In the meantime, further newly-released documents by the
Republic of Ireland's Department of Finance, point to
tensions existing between it and the IBRC on more than
just Siteserv and that Minister Noonan was "not confident"
answering questions about the IBRC, according to the
documents.
In his first comments on the issue, Denis O'Brien said he
did not run the sale of Siteserv; he was merely the buyer.
He told RTE that since his company took over, employee
numbers and revenues had doubled and that he would be
more than happy to appear before the Irish parliament's
Public Accounts Committee (PAC) if and when it examines
the sale.
The Irish Prime Minister Enda Kenny has said that the
Comptroller and Auditor General, who oversees public

spending, will examine the sale of Siteserv.

With an election less than a year away and water charges
still very unpopular, even if a majority have grudgingly
signed-up, the Siteserv controversy is too good an
opportunity for the opposition to pass up.

http://www.bbc.com/news/uk-northernireland-32450601

The reputation of one of Irelands best known

businessmen is under fierce attack.
Yesterday the Moriarty Tribunal issued a report that
said a government official, Michael Lowry, had
secured the winning of the 1995 competition for a
mobile phone license for Denis OBriens Esat
Digifone. The report, which comes 14 years after a
formal investigation began and includes more than
2,300 pages in two volumes, essentially alleges that
OBrien made several payments to Lowry including
one for 147,000 pounds. (The report can be
downloaded here

http://www.moriartytribunal.ie/asp/index.asp?
ObjectID=636&Mode=0&RecordID=399
OBrien, who Forbes recently featured in a video,
has reacted harshly to the allegations.
I have no doubt whatsoever that when this report
is reviewed by a proper legal authority with
appropriate accountability, that none of the
expressions of opinion which form the basis of the
Tribunals report will withstand any objective
scrutiny, he stated in one of three letters hes
posted in the past two days in response to the
allegations.

The telecom tycoon, who owns a stake in media

company Independent News & Media, has been
fighting the tribunal for many months. In July
2009, he created his own website,
http://www.moriartytribunal.com, to help explain
and expose the inner workings of the Moriarty
Tribunal of Inquiry, which was founded in
September 1997 apparently to look into alleged
payments to government officials Lowry and
Charles J. Haughey (who is now deceased). At top of
OBriens site, it has bars that constantly update the
total costs of the tribunal (supposedly more than
227 million pounds as of Wednesday afternoon);
also on the site are his letters responding to the
accusations.
ngIf:initialized&&activeendngIf:initialized&&
active
Well respected and worth an estimated $4.2 billion,
OBrien has much to fight for. The former horse pill
salesman has built up a telecom empire with 10.75
million subscribers. His Digicel Group now operates
in dozens of Caribbean islands, Honduras, Haiti,
Fiji, Tonga and Papua New Guinea. He endears his
firm to masses by cutting prices, donating to local
causes. He also has played a role in Haitis
restoration recently funding the restoration of
Hatitis century-old Iron Market with $12 million of
his own money. The son of a human rights activist,
the billionaire also created a nonprofit Front Line to
fly activists out of dangerous spots.

MR Justice Michael Moriarty

launched a counter-attack against his
accusers yesterday and reprimanded

Denis O'Brien and the businessman's

public relations adviser.
19/03/2010

The chairman of the tribunal investigating payments to

politicians named Mr O'Brien's PR consultant James
Morrissey in the public hearing.
Mr Justice Moriarty also revealed that Mr O'Brien had
accused him of conducting the tribunal in a "totally
biased" manner, adding it had "really reached a new low in
Irish judicial history". Mr Justice Moriarty said the attack
on his handling of the tribunal was contained in a personal
letter written to him by Mr O'Brien.
"I am not going to be distracted by the prevalence of spin,
and other controversies," said Mr Justice Moriarty. "That
would not be welcomed by the courts." The chairman
referred to Mr Morrissey in the context of Mr O'Brien's
public relations campaign and said he was "bemused" by
some of the remarks about the tribunal. "I am bemused by
remarks that the tribunal was seeking to cobble together a
report to condemn people on flimsy evidence," said Mr
Justice Moriarty.
"I have been a judge for just a few weeks short of 23
years," he said, "and in that period handled cases, civil and
criminal, on evidence, not hearsay."
Injustice
Mr Justice Moriarty said his second report would be based
on evidence he had assessed.
"Not to do so would be a major injustice," he said.
The chairman said that in his time as a judge he hoped he
was humble enough to correct any error he had made and
that two witnesses would address important matters later.
After lunch, counsel for the tribunal apologised for not
circulating documents earlier relating to witnesses
scheduled to appear.
Following the apology, Mr O'Brien's legal team told the

chairman that none of them had been aware of the letter

that Mr O'Brien had written to him last year. It was an
extraordinary day at the tribunal, which has been running
for almost 13 years, and the chairman appears anxious to
make a speedy delivery of his final report. Mr Justice
Moriarty made it clear that he would be spelling out the
reasons for the delays in his second report.
Denis McFadden, a barrister who advises the Attorney
General, gave evidence to support advice given by senior
counsel Richard Nesbitt in 1996.
Mr Nesbitt advised that a change of ownership to include
Dermot Desmond's IIU company as investors would not
affect the legality of the licensing process. Counsel for the
tribunal described Mr Nesbitt's evidence last year as "not
credible"

THE MAHON AND MORIARTY

TRIBUNAL REPORTS HOW WAS
IT ALLOWED TO HAPPEN: WHY
DID NO ONE SHOUT STOP?
THE MAHON AND MORIARTY TRIBUNAL REPORTS HOW WAS IT
ALLOWED TO HAPPEN: WHY DID NO ONE SHOUT STOP?
Michael Smith, Editor, Village Magazine, former Chair of An Taisce
Summary

 Shouting stop was difficult.

For historical and cultural reasons we in Ireland are too focused on the
short-term and not very good with rules.
The same anti-regulation, anti-planning syndrome that caused the
tribunals and bad planning caused the property bubble and the banking
excesses.
We dont hear enough about the common good, even now.
Implementation of the recommendations of Moriarty and Mahon is
patchy.
The government is pursuing progressive legislation on whistle blowing
and lobbying.
It is not clear if the proposed Planning Regulator will have teeth.
We still have bad planning.
Civil service maladministration facilitated securing of the mobile
licence for Denis OBriens ESAT.
The Mahon Tribunal conclusions focused on easy targets, especially
retired politicians, and simply failed to report on much of the evidence it
heard, especially if it was not corroborated by Frank Dunlop.
Much of what happened at the tribunals could happen again. An
Taoiseach hasnt yet even accepted the Moriarty findings. Policy is
focused on short-term economics to the detriment of long-term social
and environmental goals. Governmental attitudes to bogs, septic tanks
and climate change are scandalous.
Too many white-collar criminals get away with it because the
prosecuting agencies are geared primarily to deal with shoplifters, not
white-collar criminals.
WHY NO-ONE SHOUTED STOP
MY EXPERIENCE
Upon reflection I thought my own experience over the last twenty years
would be of interest because I think I did associate with people who did
see what was going on and try to shout stop albeit ineffectually and
usually humiliatingly.
I remember Bertie Ahern, on the couple of occasions I met him, used to
look at me crookedly and asked if I was still battlin away.
Battlin was difficult and unpleasant and no-one really wanted to know
to share the joke. In fact the joke seemed to be on you. For example,
an early effort was when I published a leaflet in the name of CHIP in
1991 called Politicans on the fiddle: vote them out.
That was some time before Judge Mahon recognized corruption was
endemic and systemic at every political level. We published leaflets
outlining how councillors were dodgily changing their minds on
rezonings, asking people to call them about it.
In 1995 I was involved with an initiative to offer a reward for planning
corruption that led to the Mahon Tribunal.
I transferred the contents of the PD skip with all their financial records to
the Sunday Business Post, and indeed later on I also transferred Liam

Lawlors tax return to the Sunday Business Post. I presented a Worse

Ireland award to AIB in 1995 while they were presenting the Better
Ireland award in the next room. I unsuccessfully appealed Michael
Lowrys Dunnes-funded extension in 1997, and successfully appealed
Mary McAleeses holiday home. I tried to crucify Treasury Holdings in
the courts in 1997 because they were flouting European law and
planning norms, and buccaneering over the City of Dublin including
rigging auctions and threatening to run people out of town. I made a
complaint to the Standards in Public Office Commission about Seanie
Fitzpatricks Docklands conflicts of interest when he was still lording it
around town in 1997, which led him to say he was the victim of media
McCarthyism. It was found against me on a technicality. I put my name
to over 1,000 objections to rubbish developments up and down the
country including much one-off housing. Often Id meet them, clever
architects in black polo necks, attractive young couples, businessmen
who towards the end of the boom always somehow wanted to give
something back. Nearly always the development would be shocking.
Apart ironically from Docklands in Dublin, Ireland didnt really DO good,
sustainable development. I tried to get the Meath County Development
Plan struck down in the High Court for allowing sprawl of Dublin. I was
involved with an initiative that organized someone to fly around the Bord
Pleanla Chamber and exit by the window when it was considering the
mad Terminal Two Dublin Airport extension. I even once had Dick
Roche trailed by someone dressed up as a two-sided cockroach Dick
Roche: Cock Roche. But it didnt really do me or anyone else much
good. Because culture trumps everything else and we were as a
country deliberately, even professionally, in rape mode.
I was there for the early nineties corruption. Frank Dunlop once read the
Irish Times ostentatiously in my face while I delivered myself, in
opposition to his clients at a Bord Pleanla hearing. Nasty.
And I was in Conways on Parnell St more than twenty years ago when
councillors from Dublin County Council used to retire for a few pints with
Frank Dunlop and a couple of brown envelopes or bags.
Indeed I once had the pleasure of addressing the FF group on the old
corrupt county council one evening in Conways pub in 1991 on the
subject of good planning in the county. I banged on about how the socalled new towns Tallaght, Blanchardstown and Lucan-Clondalkin
should be finished before the County looked at starting major new
suburbs, while the Fianna Filers scoffed mariettas and chattered away,
like in a crche, really. After Id droned on worthily for ten minutes
about the common good, the ERDO report and reinforcing the city
centre while councillors shouted among themselves and yawned,
Councillor Betty Coffey intervened to announce that her party
colleagues got my drift and I was ushered out still shouting about the
ERDO report.
In 1991, I attended a meeting about the Carrickmines Valley. At the end

of the meeting, on its periphery, I encountered Betty Coffey who was a

leading councillor for Fianna Fil. I had a pleasant if dull chat with her
about zoning, though I think she was mainly interested in how
suspiciously young I was, and then she said I should talk to Fianna
Fils planning expert. She beckoned to the shadows. Liam Lawlor
emerged and urbanely said he was not in favour of rezoning the valley
and had voted against the wholesale rezoning of the valley. The strange
thing was that he was not on the Council at the time, having lost his
seat in the local election, and he had no obvious reason to be at an
obscure meeting in the distant southern suburbs. He seemed
nevertheless to be fulfilling some sort of a role politically. Fifteen years
later it emerged FFs planning expert had a financial involvement in the
controversial Jackson Way site in the Carrickimines Valley over which
Dunlop was jailed and several councillors have been charged, though
certainly he declared no such interests to me when I spoke to him that
day so long ago in a foreign land. Thats how it was done.
On another occasion when I was campaigning against rezoning of the
Carrickmines valley/Cherrywood, I had a row with Councillor Olivia
Mitchell who claimed we were engineering a great many telephone calls
to her. We were indeed promoting late-night calls as that seemed to be
the only time that hard-working councillors could be reached.
Immediately after the vote, in the Council office, I caught her hugging
one of the developers whose scheme she changed her mind to
support. I said oh, Kissy, Kissy with one of the developers and she
said Lucky you dont have a camera. I sort of felt that councillors
should not be so passionate about the interests of developers.
Subsequently it emerged shed taken money from the developers
before changing her mind. Twenty years later FG has forgiven her,
though Mahon said her voting was inappropriate.
I spent a year of my life way back then campaigning against what the
Mahon Tribunal in the end accepted was the corrupt rezoning of the
Carrickmines Valley, primarily for Monarch Properties. We had leaflets
and banners, and were like flying columns countering Monarchs
expensive propaganda. The developers there spent 800,000 on their
campaign, much of it on Frank Dunlop and his largesse. Every time we
moved theyd attack us and vice versa.
Local residents went through all the democratic process, and through
sheer force of money they lost to forces they could not affect. When
we lost we were distraught. We lost a corrupt vote. We tried everything
but it was clear we needed to go beyond the usual process to blow up
the system of worthy letters to Ministers, ignored following unfulfilled
promises to revert. We offered a reward for information about planning
corruption.
We Colm Mac Eochaidh and I had to do it through a Newry solicitor
as we wanted to remain anonymous and no solicitors down here would
touch it. Eventually we had a flow of information. Some of it was

rubbish where Shergar was allegedly buried but some of it clearly

was not, which we drip fed to journalists, led by Frank Connolly. James
Gogarty came to us with allegations about paying money to Ray Burke,
the then Minister for Foreign Affairs. Gogarty didnt want to talk to the
press because he felt humiliated by his dealings with the Irish Times. He
was obsessed with his pension, very dull really, and we had to persuade
him that in order to embarrass his employer about how his pension had
been treated he had to tell his whole story of corruption to the press.
That was a battle.
Anyway the drip feed week after week, during the silly season of
summer 1995, corroded the body politic, which in the end panicked.
Ray Burke resigned because the allegations were true. The planning
tribunal was instigated to look into the allegations and in the end I
suppose it led to Berties resignation too. Though it cost far too much
probably 200-250m. And its done nothing to stop dodgy planning. And
if you check out Cherrywood now on the Bray dual-carriageway, the
once happy valley is now a moonscape.
Some years later I became chairman of An Taisce which purported to
take the public interest stance in planning matters. What I discovered
was that, then and now, democratically driven local authority
development plans and national plans such as the spatial strategy,
created by politicians, were essays in hypocrisy as they were totally
flouted by councillors acting as private representatives as opposed to
public representatives to vested interests of all sorts; from larger
developers to one-off house builders. If you owned property and
shouted loud enough you could get councillors to lean on officials to get
what you wanted in the frenzy of short-termist greed that was our own
tiger. For example, Spencer Dock, the Carlton site on OConnell St, the
childrens hospital, and Liberty Hall got permission or approval from the
local authority even though the democratically-agreed development plan
did not allow them. Development plan policy is usually against one-off
housing even though in many counties sixty or seventy percent of
housing is built that way. But officials did what they were told by
developers. It was shout power for developers big and small in the
face of any vision of a planned common good, in the face of
democratically-agreed policy, in the face of democracy, in the face of
policy.
And An Taisce, which just championed the idea of following plans, of
denser communities, especially in towns outside of Dublin so Dublin
would not sprawl, got hammered and called the Ku Klux Klan. Which
was funny for the first few years and until you look at the legacy of
nothing youd want really. No new parks, playgrounds, imaginative civic
spaces and new places to go, no bold new suburbs showing we could
do what they did in Scandinavia but, since we had more money, better.
Instead we have a legacy of what youd expect if Bertie had planned
and built it himself.

Next Im going to look at History and how it has led to our distorted
sense of the common good; and whos getting in the way now.
Thirdly, Ill briefly look at the recommendations of Moriarty and Mahon,
whether theyre being implemented and who isnt being prosecuted.
WHY DID IT HAPPEN?IRELANDS HISTORY ACCOUNTS FOR
CORRUPTION
Our history is of Colonisation leading, among other things, to rulebreaking and demonisation of whistleblowers; famine leading to lack of
interest in the long-term, lack of interest in the environment and a view
that planning is a luxury; the inflation of the role of the big man from
Haughey through Ahern to Lowry; an obsession with Civil War politics
and then the North to the detriment of vision or public interest, on who
ruled not how they ruled; an interest in culture and the imagination to
the detriment of the truth in politics; Catholic notions of sin and
redemption meaning venality was literally forgivable; and the elevation
of sins of sexuality to the downgrading of sins of avarice or against the
common good. So to be trite the problem is History: that is to say
famine, colony, and church.
Anyway, maybe thats why it was allowed to happen.
WHAT HAPPENED, WHO ALLOWED IT, WHO PROMOTED IT AND
WHAT IS HAPPENING NOW?
So what happened? We need to agree what happened? Because I
think what generated Mahon and Moriarty generated our wider collapse,
including economic collapse in the end; all part of the Ireland syndrome
generated by our generation.
I think that our generation in Ireland generated a once-in-a-century
boom and allowed it to be hijacked by the corrupt and the greedy
pursuing no particular vision, with no regard for the long-term. Our
political classes offered no attractive vision of society and did not see
the downturn coming. Fianna Fil ruled the boom on dodginess, shorttermism and neo-liberalism dressed up as socialism. Driven by their
own bloated lifestyles, they behaved as if money was all that mattered,
there was little need for regulation or planning and there would never be
a tomorrow. Opposition parties did not do their job of skeptically
assessing our tax base, our banks and our property sector. Our political
parties evolved into interchangeability, increased the inequality gaps in
Irish society and lost any sense of ideology or vision so that even the
Labour Party supported income tax cuts, and even the Green Party
manifested the preference for rhetoric over action that had always
characterised their unlikely political brethren in Fianna Fil.
WHO ALLOWED IT?
And who allowed it to happen? Politicians, including people whom
history seems likely to judge as beyond reproach, like Garret Fitzgerald,
and grandees like Derry Hussey, the gardai, the media, regulators of all
sorts from the planning authorities to the banking regulator to the civil
servants who worked on the ESAT fourth mobile-phone licence.

WHO PROMOTED IT?

And the people who promoted it, rather than merely allowing it, were
the sort of people who control FF and FG, the classes that tolerated
Haughey and Lowry and still tolerate dodgy councillors who serve the
private interest, the sort of people who have tax-driven investments or
who might flog a one-off house even though they got permission only
for family use, who lost the run of themselves in the boom. Think Quinn
Family.
But the electorate of course let itself down by ever voting for Haughey,
and in the case of Bertie at least by giving him his third term, though
actually he never had enough vision or ideology to be appropriate as
Taoiseach. There will be lots of people here who championed Haughey
and Bertie.
A note on the programme for today outlines a reasonable analysis of
our problems and possible solutions, but then announces that these
matters will be debated by government ministers, members of the
opposition, heads of industry, economists, political analysts and
journalists. We shouldnt carry on the discourse as if this society
hasnt failed.
WHAT IS HAPPENING NOW?
But the point really is that most of all it could happen again, is
happening again, because the culture passed down to us by history
hasnt changed. Admittedly the omerta surrounding Haugheys wealth
wouldnt survive these days, and Liam Lawlor would not be appointed to
vice-chair of the Dil ethics committee. But look at the culture of the
Quinn Family, at the impunity of Seanie Fitz, the Bailey Brothers, Bertie
and Ben Dunne, at the focus on the economy to the detriment of the
social side and the environmental side, at judicial appointments, the
indulgence of Denis OBrien and Michael Lowry, that the Taoiseach
hasnt yet accepted the Moriarty findings, at the quality of planning
decisions, the treatment of bogs and septic tanks. Bertie Ahern batting
for the Star from behind the contents of a refrigerator and Celia Larkin
pontificating on the issues of the day in the Sunday Independent, there
is an overwhelming mainstream lack of interest in growing inequality.
The national discourse is erratic and unanalytical as evidenced by the
antipathy to property taxes. And if they cant even get these things right,
what chance is there theyll deal with climate change?
Nobody left or right really cares about vision and too many want to go
back to the way things were in the boom. Nobody really believes in the
public interest.
COMMON GOOD
I want to talk a little about the common good. Now it seems to me that
we could agree that the common good involves promoting competent
people who are not obsessed with themselves and who are
economically literate; eradicating nepotism and corruption; encouraging
equality of opportunity and sustainability with due regard to the

disadvantaged and the future. Now who could disagree with that?
Practically, the answer is for citizens to be educated, starting in school,
to choose leaders at every level not in their own interests but in those of
the society they wish for.
THE TRIBUNALS
MORIARTY: MEDIA FAILED TO FOCUS ON CIVIL SERVICE
Focusing on OBrien and Lowry, the media missed much of Moriarty but
in fact I think much of what happened was due to the civil service.
Perhaps because Moriarty had to re-write a small section of his report
after an earlier draft was apparently unsustainably critical of civil
servants, the media also downplayed the extraordinary findings on how
senior civil servants in the then Department of Communications handled
the tendering process.
Its Secretary General was not concerned by Lowrys failure to keep the
normal distance from OBrien: the Tribunal effectively rejected most of
the Secretary Generals account on this, referring at times to his
evidence as bizarre, without foundation in fact and not reliable.
In the first Moriarty report in 1997 Judge Moriarty also refused to accept
this gentlemans evidence about his time as head of the Department of
Energy relating to Glen Ding Woods in Co Wicklow.
I would say one of the ways Moriarty arose was because of negligent
public servants, with a pro-Ministerial deference and a fetish for
dynamic businessmen.
MAHON: FOCUSED ON EASY TARGETS
It was never really reasonable to rely on the sort of minds that took 15
years and up to 300m to deal with an urgent examination of
corruption in one county to then produce a radical and dynamic report.
The Mahon Report nails easy targets among the rezoners: four dead
dinosaurs (three FF, one FG), five red-toothed, long-sidelined rezoning
machines (three FF and two FG) and, well, Olivia Mitchell (Olivia was
done for inappropriate behaviour in one case only).
But in the rezoning that I was opposing 20 years ago Cherrywood
near Cabinteely in Co Dublin as with most of the rezonings, the
findings fall short of implicating anyone who still could be described as
the political establishment, though certainly it nails the corrupt
developers behind the scheme and dodgy Frank Dunlop.
In 1993 the residents group I was involved with published a leaflet
wondering why local councillors, who voted for Cherrywood in 1993,
consigning the beauty-spot to concrete, had voted against it in 1992,
with no change of circumstances. Six of them.
We said changing their minds was suspicious in 1993. That was before
we knew that 60 politicians and community groups took money from the
developer, Monarch Properties, which disbursed 167,000 in cheques
and 161,000 in untraced cash. This was before several councillors
were charged with corruption concerning the adjoining Jackson Way
site. Before Frank Dunlop (jailed over Jackson Way) who had taken

over lobbying for the Cherrywood rezoning in late 1992, confessed

himself a crook. Before we knew that Albert Reynolds had received a
5,000 donation that referred to the positive role of FF councillors in
facilitating the rezoning. And before it was known John Bruton received
2,500 from Monarch for Fine Gael in between the crucial votes. Nine
out of the 12 FG councillors who would talk to their partys internal
Inquiry in 2000 had received money from Monarch or Frank Dunlop (or
both) in the 1991-1993 period when I was concerned with the
Cherrywood vote. The tribunal didnt even attempt to ask the councillors
why they changed their minds after receiving donations from Dunlop or
Monarch, though that didnt stop it hauling them in and asking them
endless other questions. The report almost entirely omits conclusions
on this endless stream of dodgy evidence. Someone needs to do a
survey on what percentage of the evidence heard by the tribunal was
never resolved by it at all.
And we heard nothing about life beyond the Red Cow, though Phil
Hogans civil servants implausibly seem to think weve no reason for
concern, less still investigation.
TRIBUNALS:
RECOMMENDATIONS AND
POTENTIAL FOR
PROSECUTIONS
I want to turn to the outcome of the tribunals: recommendations and
prosecutions.
Moriarty RecommendationsThe Government has argued some of
the major recommendations of Moriarty have been addressed,
including reducing corporate donations, publishing draft
whistleblower legislation, and starting the process to regulate
lobbyists. The independence of the Revenue Commissioners has
been placed on a statutory basis, the leaders allowance regulated
and the Central Banks regulatory powers have been enhanced.
Of the Moriarty recommendations it is fair to say government is not
going as far as it wanted on donations to political parties.
Mahon recommendationsAlmost half of the 64 recommendations
made by the tribunal have already, the government claims, been
implemented or are in the process of being implemented. 29 of the
64 recommendations made by the tribunal had been implemented,
14 would be implemented and 18 recommendations remained
under consideration. The tribunal rightly recommends that both
the National Development Plan and the National Spatial Strategy
be placed on a statutory footing. It is not clear if this has been
accepted by government or indeed what it means (statutes can be
aspirational); or whether Regional Authorities will be directly
elected and held accountable for implementation of RPGs which
they currently flout on the grandest scale imaginable. Government
is running with the recommendation that where the elected
members disagree with the advice of the professional planners
and intend to issue a direction to the Manager to grant planning

permission, they should be required to state their reasons for

doing so. In addition, Mahon recommended that both that advice
and those reasons should be sent to An Bord Pleanla which
should have the power to veto that direction. The Department and
media seem to have lost sight of that recommendation which
seems to me to be crucial. The tribunal recommends that the
Minister for the Environments ability to give directions to Regional
Authorities and Local Planning Authorities should be entrusted to
a Planning Regulator. Worryingly Jan OSullivan is to consult the
Dil committee which will probably be loth to facilitate
independent intervention in county councils planning decisions.
Will there be a role for An Bord Pleanla, the Ombudsman or a
completely new independent office? What are the limits of the
regulators powers vis--vis the planning process and elected
members? A number of recommendations relating to conflicts of
interest have not been adopted by the government, which says
they are under consideration.
It is good the Department is currently developing draft heads of a Bill on
lobbying.
The introduction of comprehensive whistleblower protection legislation
has got as far as publication of draft heads of the protected disclosures
in the public interest Bill earlier this year, and the draft is very
encouraging.
On ethics, more excitingly Brendan Howlin said he had decided to
engage in a full review of how the existing legislative framework for
ethics could be reformed. This would develop a single, comprehensive
and overarching framework grounded on a clear and comprehensive
set of principles. This considerable undertaking would cross all
departments and sectors.
PROSECUTIONS
Prosecutions of tribunal villains have been very disappointing, due
primarily to problems in the culture and funding of law enforcement
agencies including the Director of Corporate Enforcement, the
Competition Authority, the Criminal Assets Bureau, and the Garda
Fraud Squad.
The only convictions related to the drawn-out tribunals have been of
Ray Burke for tax evasion, George Redmond (eventually overturned)
and Frank Dunlop for corruption, and Liam Cosgrave for offences under
the ethics acts; as well as of Liam Lawlor for blatant obstruction of the
Planning Tribunal. More are needed.
SO IN SYNOPSIS
For cultural reasons were too focused on the short-term and not very
good with rules. We dont hear enough about the common good, even
now. Implementation of the recommendations of Moriarty and Mahon is
patchy. We still have bad planning. Much of what happened at the
tribunals could happen again. Too many white-collar criminals get away

with it because the prosecuting agencies are geared primarily to deal

with shoplifters, not white-collar criminals.

O'Brien's links to Fine

Gael spell more trouble
for the Taoiseach
01/04/2012

the report found that former Fine Gael minister Michael

Lowry "delivered" the state mobile phone licence to the
consortium led by the business tycoon Denis O'Brien, who
in turn made payments to Lowry.
Enda Kenny embraced the public mood of consternation
and dramatically promised that he would not let the
Moriarty tribunal's report gather dust. So he duly sent it
off to the Director of Public Prosecutions and the Garda
Commissioner, who gave it to the Criminal Assets Bureau,
which examined it and reported back to the Garda
Commissioner, who passed the report over to the Director
of Public Prosecutions, where it currently resides.
While the authorities deliberated, Lowry, these days a
poll-topping independent TD, continued his local
campaigns on health, crime and anti-social behaviour, as
O'Brien became ever more successful, got to meet the
Queen and was a guest of the Taoiseach at the global
economic forum.
It seemed that Moriarty was a dim and distant memory
until 10 days ago when the Mahon tribunal's report
exploded its corruption findings all over the body politic,
drowning Fianna Fail but causing a fair bit of collateral
damage to Fine Gael too.
Not least, because Mahon resurrected the ghost of
Moriarty. Throw in an ill-judged photograph of Enda
Kenny sharing a platform with Denis O'Brien at the New

York Stock Exchange in the same week Mahon was

published and the Moriarty tribunal was truly back to
haunt Fine Gael.
Kenny was accused of failing to act robustly on Moriarty
and donations from O'Brien's mobile phone company to
Fine Gael were reprised. At first, Kenny's critics were
members of the opposition, principally Fianna Failers
hoping to deflect their own shame. When Kenny's
government colleagues filed out against him, he knew he
had a problem.
First Lucinda Creighton, the junior minister for Europe,
said she hoped Denis O'Brien wouldn't be invited to any
more economic events "because of the findings of the
Moriarty tribunal".
Two days later, Joan Burton, the Labour Minister for
Social Protection, under Dail privilege, named O'Brien in
the same breath as former Italian prime minister Silvio
Berlusconi and highlighted the public and political unease
about him continually popping up at public events and
called on the Government to "reflect on how it should in
future interact with people against whom adverse findings
have been made by tribunals".
The day after that, her Labour colleague, Brendan Howlin,
Minister for Public Expenditure and Reform, backed her
up: "The Government has to make its decisions in relation
to any individual against whom adverse findings are made
by a tribunal established by this House."
The concerns about Fine Gael's proximity to Denis O'Brien
raised other questions last week too: such as why no action
has yet been taken against a former government minister
whom a High Court judge found received "payments" from
a business tycoon to whom he "delivered" a mobile phone
licence?
It's been a year since the Garda Commissioner Martin
Callinan asked the Criminal Assets Bureau to examine the
Moriarty report for potential criminality. The huge tome
landed on the desk of Eugene Corcoran, the chief
superintendent at the Criminal Assets Bureau last March.

His brief was to examine the report for suspected crimes

and tax misdemeanours. Ten CAB officers were assigned
to comb through the report. They expected to be finished
in weeks but instead it took them months to trawl through
the myriad financial transactions.
They eventually presented a report outlining the suspected
or potential criminality
they had identified and gave it to the Garda Commissioner
late last year.
But there were complex legal issues; the DPP, Claire
Loftus, was called on late last year for advice and her office
is still deliberating on whether there are grounds to launch
a full investigation into Lowry's finances.
It is thought that the length of time that has elapsed is
among the primary legal issues under consideration.
Almost 17 years has passed since the events outlined in the
Moriarty tribunal's report. Since then witnesses have died,
records may have been destroyed and memories have
lapsed.
If an investigation does proceed, gardai will have to gather
evidence from scratch. The law prevents them from using
the Moriarty tribunal's report as anything other than a
road-map. That will mean re-interviewing hundreds of
witnesses and sourcing bank records and other documents
related to the money trail followed by the tribunal.
Those transactions include 150,000 that went from
O'Brien to Fine Gael fundraiser David Austin, who paid
147,000 to Michael Lowry; there was stg300,000
lodged with Lowry's UK solicitor on his behalf; and a
stg420,000 loan through Woodchester Bank as a
"Dennis O'Brien transaction" that was later reversed.
Despite unearthing this money trail, it found that "no
conclusions can be arrived at, other than that repeated and
clandestine courses of action were adopted by persons
intimately associated with Mr O'Brien, to confer payments
or other benefits upon Mr Lowry on behalf of Mr O'Brien".
The sole finding of corruption in the entire report related
to an attempt by Lowry to effect a rent increase for the

then supermarket tycoon, Ben Dunne. The rent increase

never happened.
Lowry has challenged the State to investigate him,
claiming that the authorities would find no trace of the
900,000 the tribunal found he received -- directly or
indirectly -- from O'Brien.
The Criminal Assets Bureau was set up to follow money
trails and its extensive powers are more far reaching than
tribunals of inquiry. All CAB requires to launch an
investigation is a "reasonable suspicion" that assets are the
proceeds of criminal conduct. It can seek court orders to
search solicitors' offices, accountants' offices, financial
institutions, can freeze bank accounts and seize property.
It can apply to the High Court to confiscate wealth from
those who are suspected -- not convicted -- of benefiting
from "unjust enrichment". Based on the suspicions of a
chief superintendent, a judge can make a "corrupt
enrichment order" to force that person to make a payment
to the State. Unlike the Moriarty tribunal, it also has the
powers to question witnesses from outside the
jurisdiction.
O'Brien, while harshly criticised in the Moriarty tribunal
report, has not been found guilty of anything, as his lawyer
pointed out last week. He contests the tribunal's findings.
Yet as the man who the tribunal said was the source of
payments to Lowry, it's hard to see how he would escape
being drawn into a possible CAB probe of Lowry's affairs.
O'Brien has been widely praised for using his significant
influence to promote Irish investment abroad. And there
lies Enda Kenny's conundrum with O'Brien.
The same Lucinda Creighton who believes the tycoon
should be removed from future government guest lists
nailed it last week when she mused: "Denis O'Brien's role
in his engagement with Bill Clinton in particular and with
the Irish diaspora and potential investors is an important
one, and I don't know that at a time like this that we afford
to turn our back on it."
It's what the tribunals have been telling us all along: it's all

about money.
The findings of the CSO study are not a surprise and
underline the deficiencies already revealed in another
report from the office last year and an examination carried
out by the Garda Inspectorate two years earlier.
In the meantime, the garda authorities and the
Department of Justice have taken some preliminary stopgap action while they await the promised overhaul of the
outdated IT tools available to the force.
These temporary measures have brought about some
improvements, which in theory should allow officers to
track inquiries into a recorded crime and check on the
progress made in the investigation.
Prior to those changes, which were introduced in the past
year, crimes were simply marked as "under investigation"
and it was extremely difficult to determine the status of
those inquiries.
The CSO acknowledged yesterday that the level of nonrecording and wrong classification of crimes had improved
"slightly" since the audit report, published last year but
relating to the 2011 crime figures.
However, the extent of the problems, which still exist,
remains extremely worrying, with an average of almost
one one in five reported crimes not recorded on Pulse and
the figure increasing to more than 17pc in some areas.
New crimes are meant to be recorded on the computer
system on the day they have been reported but the CSO
found that some were not keyed into Pulse for up to a
week, while others were wrongly classified or were lacking
in detail to allow the category to be determined.
A significant portion of these flaws can be attributed to the
failure to provide the garda in some districts with even
the basic computer equipment to input the information
quickly into the database and they are left relying on paper
and pen to make the initial report.
A raft of recommendations were put forward three years
ago on how to eliminate many of the errors and update the
system and these were all readily accepted by the garda

and the then government. But it was acknowledged that a

huge financial investment was needed if the force,
technologically, was to be brought into the 21st Century.
Last year the head of the Garda Inspectorate Bob Olson
described Pulse as 1990s technology and said it was time
for the system to be put into retirement and the garda
provided with "an entirely new platform".
Tnaiste and Justice Minister Frances Fitzgerald has
allocated 205m in the capital plan for 2016-2021 to
upgrade the classification of crime and recording of
detections to required standards, but the distribution of
that money must now be fast-forwarded to ensure that the
current litany of flaws are eliminated within a shorter time
frame.
In the meantime, these findings should not be allowed to
detract from the CSO's other publication yesterday
showing that 10 of the 15 crime categories recorded a
decrease in the past year, with burglaries down by more
than 26pc in the year ending June, while robberies, theft
and gun crime fell significantly.

http://www.independent.ie/opinion/analy
sis/maeve-sheehan-obriens-links-to-finegael-spell-more-trouble-for-thetaoiseach-26838745.html

This concludes the AGM of NOT Independent News & Media James
Osborne, former chairman of Independent News and Media
(IN&M), who was voted out of office on 8th June 2012

The evidence of the insidious progress of businessman Denis

OBrien in influencing, coercing and suppressing Irelands media

grows with every passing week. On Wednesday last, Vincent
Browne claimed that journalist Sam Smyth has been ostracised at
the Independent News and Media group, where he was a regular
writer for the Independent, whose editor is Gerry ORegan, and
Sams last report was at the end of May 2012 hes been
apparently sidelined since then, according to Vincent.
Sam Smyth was previously the subject of a cack-handed demand by
Denis OBriens associate Leslie Buckley to the former CEO of IN&M
who wanted Sam removed from reporting on the Moriarty Tribunal,
the tribunal which ultimately reached adverse findings in relation
to Denis OBrien in the award of a mobile phone license in 1995.
The broadsheet.ie website has published former IN&M CEO Gavin
OReillys record of the incident. Sam subsequently lost his job on
Today FM, a radio station owned by Denis OBriens Communicorp.
Today in the Sunday Independent, in what appears to be brave
defiance by editor Anne Harris, there is an interview with former
IN&M chairman, James Osborne, there are stark claims that Denis
OBrien sought to suppress an article which was eventually (see
below) published on 15th April, 2012. The article available here
detailed Anglo Irish Banks largest borrowers as at March 2009, of
which Denis was one. The article said
Denis OBrien, the telecoms entrepreneur, is listed as owing Anglo
Irish Bank 833.8m on foot of personal and corporate loans just
after the bank was nationalised in 2009, making him its then sixth
largest borrower. Mr OBrien has over the past three years reduced
his borrowings to under 500m using cash generated by his
Caribbean and Pacific-based mobile phone empire. The article
continues but it is indeed innocuous stuff.
Today James Osborne is quoted as saying As you know as you
wrote in your paper on April 7, which was a Saturday, at about one
oclock I got a call from Denis then he said theyve been on to
me, theres an article in tomorrows paper and I want it withdrawn
and I said Im sorry, not me. Im an independent non-executive
chairman and Im not doing that, Im not going to interfere in an
editorial, and we had an argument about it.I mean could you
imagine if I had rung you [Anne Harris] up, at that stage I had only
met you at your husbands funeral, and said: Hello, Im your
chairman, you must be thrilled to get this call on a Saturday
afternoon Theres an article about Denis OBrien which was
about the 13 biggest borrowers in Anglo, I want it out. Actually the
article was innocuous, there was nothing in it.
It seems that James got the call from Denis on 7th April, 2012
which was a Saturday and it seems the Anglo Top 13 borrowers
story was to appear in the Sunday Independent the following day
which was Sunday 8th April, 2012. In fact, the story didnt appear
until the following week, the 15th April, 2012, which is odd and

might suggest questions as to whether the story due for publication

on 8th was modified before its actual publication on 15th. Anne
Harris did refer to this incident in an article on 17th June, 2012, but
the full details couldnt emerge until James Osborne could talk
freely about the matter.
So now we have at least two credible claims of Denis OBrien
seeking to suppress reporting in Irelands biggest print media
group, a group in which he now owns 30% of the shares and has
substantial control over the board. It seems that the second
attempt at editorial interference is denied by a representative of
Denis OBrien, in response to which James Osborne today says and
I know Deniss representative or whoever has denied that the
call took place, but if he denies that the call took place that is a
straight forward lie
The Broadcasting Authority of Ireland recently bizarrely
concluded that Mr. OBriens interests in Independent News and
Media (IN&M) are relevant to the Authority in the context of its
statutory obligation to consider the desirability of allowing any
person, or group of persons, to have control of, or substantial
interests in, an undue amount of communications media in an
area. In this regard, the Authority was obliged to consider the
changes in Mr. OBriens interests in IN&M to determine whether the
changes amounted to substantial interest or control as those
terms are defined in the Policy. At its meeting on 23rd July 2012 the
Authority determined that Mr. OBrien does not control IN&M.
Rather he has a substantial interest in the Company, as that term is
defined in the Policy. In this regard, the Authority was not obliged
to review Mr. OBriens interests in the context of an undue amount
of communications media.
The nine members of the Authority are Bob Collins (Chairperson),
Larry Bass, Paula Downey, Professor Colum Kenny, Michelle Mc
Shortall, Dr Maria Moloney, Michael Moriarty, Siobhn N Ghadhra
and John Waters.
It is high time that the Authority was summoned before an
Oireachtas committee presumably the Joint Committee on
Transport and Communications to justify itself.

But when Gavin O'Reilly resigned as chief executive of

INM in April, it marked the end of his family's longstanding involvement in the newspaper group. Investors
hoped his departure would also spell the end of the
hostilities that divided the board since the telecoms
tycoon, Denis O'Brien, began building up his 29.9 per cent
stake in the business.
But there was one last fight that culminated in a dramatic
corporate bloodletting at the company's AGM on Friday.
The row was about O'Reilly's 1.87m exit package. A
majority of INM's board had approved it but one of
O'Brien's representatives on the board, Paul Connolly,
challenged it in the High Court, claiming it was excessive,
undeserved and unlawful. When the rest of the board
recommended that Connolly should be voted off for suing
his own company, O'Brien hit back. Connolly's court
challenge opened on Wednesday but was quickly eclipsed
by blood on the floor at INM's headquarters in City West.
James Osborne, who as chairman of INM defended
O'Reilly's deal on Thursday, was off the board on Friday,
voted out by O'Brien. So too was Donal Buggy, the chief
financial officer. Other board members had already bowed
out before the AGM: Baroness Margaret Jay, a former
speaker of the House of Lords; Bengt Braun, who heads a
Scandinavian media firm; and Lothar Lanz, a German
business executive, stepped down in advance of the AGM.
The remaining five-strong board includes two O'Brien

representatives, Lucy Gaffney and Paul Connolly, and

Vincent Crowley, who replaced Gavin O'Reilly as CEO.
O'Brien, having made clear who now calls the shots, said
in a statement afterwards that "lack of leadership has cost
the company dearly over many years".
Although O'Reilly's exit package has been eclipsed by
events, last week's High Court action lifted the lid on the
boardroom tensions that have dogged the newspaper
group. The meat was in the confidential emails and board
minutes disclosed during the legal action, and which
revealed in compelling detail how the company's
worsening financial situation, spiralling animosity and the
sheer weight of opposition from Denis O'Brien, drove the
last of the O'Reillys out of INM's driving seat.
Osborne, a suave lawyer, was appointed as neutral
chairman last October to smooth things over between
warring factions on the board of INM.
The O'Reilly family, led by Sir Anthony, had long
controlled the newspaper group. O'Brien, an emerging
entrepreneur who had competed with Sir Anthony in
business, set his sights on it. He made his fortune after
winning Ireland's mobile phone licence in controversial
circumstances. The Moriarty Tribunal found that he had
funnelled hundreds of thousands of euros to Minister
Michael Lowry "in clandestine circumstances" after the
awarding of the licence. O'Brien ploughed 500m of it into
building a majority stake in the group. He nominated his
directors to the board, ramped up vociferous and public
criticisms of how the company was run. Sir Anthony
retired in 2009, and his son, Gavin, was appointed his
successor. After a tempestuous three years, a 94 per cent
fall in share price, and under fire from O'Brien and more
recent major stakeholder, Dermot Desmond (who now
owns 6.36 per cent), O'Reilly bowed to pressure and left
with a 1.87m exit package for loss of earnings, benefits
and pension.
From the outset Osborne was being petitioned about
O'Reilly's performance by certain directors -- but in

evidence last week he claimed his relationship with

O'Reilly changed around February or March this year.
By then, according to Osborne's account, he began to share
the concerns of some of the other directors. The CEO and
the chairman had discussed these concerns already but on
March 6 Osborne put them in writing.
Osborne's issues included the company's poor commercial
performance -- two profit warnings in a year, the need for
a dramatic cost reduction programme and capital; the
major shareholders wouldn't stump up fresh capital
without a change of management.
He moved on to O'Brien: "I have spoken to you a number
of times about Denis O'Brien. I realise that Denis has
made extremely hurtful comments in public concerning
both you personally and the company.
"This is unfortunate but I would suggest that there is a
huge difference in a shareholder criticising a CEO and the
CEO being critical of a shareholder," he wrote.
He also raised O'Reilly's expenses -- referred to them in
court as that "thorny" issue.
O'Reilly's family lived in London and he commuted for
work to Dublin, South Africa and Australia, where he
chaired an Australian media group. Most of O'Reilly's
salary was paid into an offshore company in Jersey. While
in Dublin he stayed in the Four Seasons but changed to an
apartment in January. He travelled business class on longhaul flights only. His expenses for one five-month period
were 120,000, including 75,000 on air travel and
16,000 on hotels, according to court documents.
In his letter to O'Reilly, Osborne wanted to know if there
were tax implications for INM over his salary
arrangement. He claimed "many directors" were of the
view that he spent too much time in London. And as a bythe-way, he mentioned that a friend of his had seen
O'Reilly in South Africa with his family; "so as to avoid any
misunderstandings, please confirm that the company
wasn't responsible for the costs of their being there".
O'Reilly covered the costs himself, according to two long

letters -- one 14 pages, one eight -- defending his record.

He demanded that the issues be discussed openly at the
next board meeting. In them, he said the chairman once
had his "unstinting confidence" but now accused him of
creating a "board within a board", excluding some
directors from its decision-making.
He said the board "needed to be careful" that board
members were not "subtly but excessively bending to the
wishes of a couple of activist shareholders, and engaging
in factionalist behaviour consistent with particular
shareholders' wishes, rather than in good corporate
governance and sensible and considered
business decision-making in the interests of shareholders
as a whole". In his second letter, he suggested that
Osborne suspected O'Brien and Desmond of acting "in
concert" and asked him what he was going to do about it
as chairman of INM.
Two days after sending that letter, Osborne met O'Brien.
His note of their conversation was produced in court.
O'Brien told him he wouldn't support O'Reilly or Buggy at
the forthcoming June AGM and said he wouldn't support a
"rights issue" -- a way of raising capital by issuing more
shares -- under current management. On March 12,
Osborne was invited to a business lunch hosted by
Desmond. Afterwards, they had a private meeting.
According to Osborne's note of the conversation, Desmond
"believed that INM deliberately closed" the Sunday
Tribune -- the loss-making INM-owned newspaper it shut
down last year -- to prevent him pursuing a legal action
against it. Desmond "admired AJF O'Reilly but felt G
O'Reilly was useless". Osborne asked Desmond how he
would vote at the AGM. He said he would "definitely"
oppose O'Reilly and Buggy and maybe others.
The turning point for O'Reilly's tenure came on March 13,
however. Pat Gaynor, of Bank of Ireland, rang Osborne for
an off-the-record, unofficial chat. According to Osborne's
note of the conversation, Gaynor told him it was the
"overriding view of the bank that substantial changes to

management were required".

The bank wouldn't say so officially, but Gaynor said he was
"authorised" to convey the message. Other banks were of a
similar view. Osborne told the court last week: "Once the
bank lost confidence in senior management, he said it was
'beholden on the board to do something about it'."
Osborne called on the other board members to declare
where they stood. He emailed each to ask whether
O'Reilly's position as CEO should be terminated with
immediate effect. "You either agree or disagree. There will
then be clarity and then we can move on to the issue of
compensation," he wrote.
Osborne set out his own view. He believed O'Reilly did not
have the support of Bank of Ireland. He said: "at least two
of the major shareholders representing 30 per cent of the
company" indicated they would vote against his
reappointment. "I do not believe his day-to-day
management of the company has been effective or that he
has credibility in the financial market place," he wrote.
Osborne did not quite get the "yes or no" answers he
demanded. In court last week, he said: "There were two
directors who felt he should go -- were quite definite about
it -- the balance took the view that we should try and work
out a compromise."
Several board members seemed uncomfortable. Baroness
Margaret Jay wrote: "I feel strongly that this is an
inappropriate way for the PLC board to conduct business
on such an important matter."
Bengt Braun wrote: "And if we can find a solution which
settles the matter instantly, an extra Z months of
compensation to a person who has spent his life in this
company, working hard and being successful and not
responsible for the current difficulties, it feels like the right
thing to do no matter what some of the aggressive letters
from shareholders (who feel offended by what the papers
write about them) say."
Osborne last week said he felt that O'Reilly was "lining up
some heavyweights" to take a court action, including the

barrister Michael McDowell, a former attorney general

and justice minister. He felt it in the best interests of the
company to favour a settlement over litigation. Their legal
advice from McCann Fitzgerald was that a shareholder
approval was not required.
On April 19, the agreement was passed by seven of nine
directors. Connolly said last week in court that he was
against the size of the award, and had urged the package to
go to shareholders. He already received legal advice that
shareholder approval would be required but didn't share it
with the board. Asked repeatedly why not, he said: "I just
didn't do it." He regarded the deal as a "fait accomplit".
The High Court has reserved judgement on whether
O'Reilly's exit deal should have been put to shareholders.
Since Friday's events, it already seems like old news.

Leslie Buckley (right) was appointed as Denis

OBriens representative to the board of
Independent News and Media (INM) in 2009.
The following correspondence took place during
the final stages of the Moriarty Tribunal.
Journalist Sam Smyth was covering proceedings
for The Irish Independent. Gavin OReilly (left) is
CEO of INM.

From: Gavin OReilly

Sent: 08 November 2010 17:43

To: Leslie Buckley
Subject: PRIVATE
Importance: High
Dear Leslie,
I got your last text message sent on Sunday morning at 8am.
Frankly, I am somewhat bemused by the plethora of calls and texts; I am
not sure what is so incredibly urgent that it has required the host of
phone calls and texts in the past week or so.
You called me last Friday week (29/10/10 when I was in Delhi) and
said that you and Denis felt that Sam Smyth should not continue his
Moriarity coverage, as you believed that he had a vendetta and that his
coverage was not balanced. However, in no discussion (then or since),
have you specifically indicated where Sams coverage is either deficient
or incorrect, except to say that the Tribunal was winding down and that
other coverage was more positive. Instead, you referenced Sams
participation on RTEs Primetime with Sarah Carey. In fact, youll recall
that you actually said that Sams article in the Indo that day (Friday,
October 29th) was very good!!
I said to you that I couldnt see any basis on which the Editor or Sam
himself would agree to any change and furthermore, I counselled that
itd be a page 1 story in The Irish Times. I also reminded you that Sams
involvement with this story goes all the way back to the start, Lowry/
Dunne etc You seemed to accept this pretty self-evident logic, and so I
naturally thought the issue was dead.
We then spoke again on Tuesday (after the Board meeting), when you
asked me to call you. You said that you and Denis accepted that Sam
couldnt be stood down, but that youd both like to see another person
covering the Tribunal (in addition to Sam). I responded by text saying
that there were a number of reporters that cover Tribunals, and that the
decision of which writer and which copy was used was the preserve of
the Editor and News Editor.
You then left me another voice message on last Thursday evening,
saying that there had been positive events at the Tribunal and that Sams
coverage was pretty negative. I responded by text on Friday evening
saying not only were the Tribunals public hearings ending but that I
had reviewed the coverage (which seemed to me to be exactly the same
as the other papers) and I couldnt see any lack of balance that you
suggested.
Leslie, I have listened to, and considered very carefully, your various

messages again and again and looked again at all the coverage, and
frankly, I cant agree that there is anything wrong, inconsistent or
unbalanced with Sams coverage. I know that there are obviously
personal issues between Denis and Sam (threatened legal actions
etc), but Id suggest that any objective review of the Indos Tribunal
coverage which is, in effect, just plain ole Court coverage confirms
that Sam has played a very straight bat with the facts (all of which are in
the public domain). I advised you last week that the issue that you are
raising goes to the very heart of INMs policy of editorial independence.
In addition, you must surely agree (privately) that Tribunal coverage
cannot be adjudicated or influenced by people that are a party to the
Tribunal.
And all that said, this entire debate seems entirely redundant at this
stage anyhow, for the specific reasons set out above (not least, the
Tribunal having ended). Therefore, I can see no sensible basis for
raising this matter with the Editor, as to do so would be viewed (in
public, at the very minimum) as direct interference on editorial matters
which not only would represent a major deviation from the past (and
the Boards policy) but Id strongly suggest, would be a hugely
retrograde step for this Company and our brand.
If you feel we need to discuss this further, it would probably be better if
we met in person (rather than short phone calls/ texts/ voice mails) on
your return from China and when I am back from Australia/ NZ (which is
w/c 22nd November.)
Hope your trip to China proves fruitful.
Regards,
Gavin

Denis OBrien, in an opinion piece in todays

Irish
Times, rounds on his critics most notably Eamon
Dunphy and Independent News and Media
(IN&M). He attacks the coverage of the findings
of the Moriarty Tribunal, and claims he is the
victim of a campaign by journalists and
broadcasters (working in organisations not
under his direct control) who, he claims, are
driven by a disturbing trend of cynicism and
nastiness. He also has a dig at the Sunday
Independents telephone polls.
Sam Smyths Sacking
If one looks at the coverage relating to me over
the past month in IN&M titles, The Irish
Times, RT and other media there is a
disturbing trend of nastiness and cynicism.
Because Today FM decided to drop a presenter
of a programme that had been running for 14

years and had falling audience numbers,

suddenly there is an eagerness to depict me as
a pariah among journalists, columnists and
broadcasters.
The logical consequence of this view is that
Communicorp [OBriens media group] or any
other radio organisation public or private would
not be able to change any of its presenters
without the accusation of editorial interference
by management or an owner.
Eamon Dunphy
Eamon Dunphy has accused me of despising
journalism (Newstalk, October 20th, 2011). It is
as untrue as it is unwarranted. I have great
respect for the many professionals in the Irish
media industry.
Eamon Dunphys claim about leaving Newstalk
in solidarity with a fellow broadcaster is hollow
given the facts. Dunphy left because of money.
Im with the old-style mogul, Eamon Dunphy
declared in a lengthy article for this newspaper
[Irish Times] on April 12th, 2008, in relation to
the shareholdings in Independent News & Media
of both Tony OReilly and myself.
Dunphy penned his heavily opinionated piece as
a journalist and a citizen. He was
unashamedly pro-OReilly, which is all very fine,
but was it an objective, unbiased article? It
certainly was not, particularly given a revelation
in the Sunday Times (May 9th, 2010). When
Dunphy was probed about the Irish
Times OReilly v OBrien article his interviewer,
journalist Michael Ross, elicited the unvarnished
truth: What he [Dunphy] neglected to mention,
either to The Irish Times or in the piece, was

that he had written it at the request of Tony

OReilly. When this was put to him Dunphy
revealed: It was a favour to [Tony] OReilly,
who asked me to write it.
Dunphy explained that he did not mention this
at the time because he did not think it was
relevant to the commentary. Vintage
Dunphy . . . only disclose what fits your agenda.
When it comes to Dunphys diatribes and vitriol
I find myself in good company Seamus
Heaney, Dick Spring, Pat Kenny, Proinsias De
Rossa, John Hume, et al.
If I had the editorial control as alleged I would
not have allowed his final programme to be
aired. I doubt RT or any other print media
company would have taken that risk. After his
first stint at Newstalk in 2006 he described me
as bitter . . . small-minded ( The Irish
Times, April 12th, 2008). He was subsequently
re-hired in 2008. So much for my supposed
editorial interference.
Editorial Interference
In recent weeks I have been reminded by a
number of journalists of the unprecedented
decision taken by theIrish Independent to
publish a front-page editorial entitled Pay Back
Time urging readers to vote out the rainbow
coalition and put Fianna Fil back in power on
the eve of the 1997 general election.
Some will also remember then-government
adviser Sen Donlon subsequently revealing at
the Moriarty tribunal how at a meeting in 1996
Tony OReilly let the then-taoiseach John Bruton
know how unhappy he was with the way his
interests (Moriarty tribunal) were being

treated by the government. Mr Donlon added

that he was left in no doubt about the potential
hostility of Independent Newspapers if
outstanding matters were not resolved.
No one has accused Communicorp or any of its
stations of trying to influence voters in any
election. It was down the middle all the way.
Moriarty Tribunal
Articles about me especially in IN&M titles
invariably include references to the Moriarty
tribunal where I spent 10 years giving evidence
and opening up all my files and bank accounts.
My views of the Moriarty tribunal are best
captured by Supreme Court judge Adrian
Hardiman (court report, The Irish Times , July
15th, 2011).
He has described the powers of modern
tribunals of inquiry as truly awesome, their
expense truly enormous, the cost of
participating in them grotesque and their
duration as nothing less than appalling.
He said tribunals are legally sterile . . . devoid
of legal consequences and cannot be used in
legal proceedings as either a weapon or a
shield. I have repeatedly refuted all the findings
in detail. All I want to say here is that the
findings were based on opinions, not on
evidence, much of which was, in my opinion,
airbrushed out.
Independent News and Media
I have been the largest shareholder in IN&M for
the past four years. My punishment apart
from the economic cost has been a prolonged,
nasty, well-orchestrated campaign against me

across a range of issues. Articles are regularly

published without me being given an
opportunity to respond. But then the normal
demarcation between board and management,
on the one hand, and editorial on the other,
does not exist.
The hostile reaction to my shareholding in IN&M
has been seamlessly executed through the
editorial pages of all their publications. The
editorial pages reflect the views of senior
management faultlessly. The Sunday
Independent has a unique position on the Irish
media landscape for all the wrong reasons. Its
phone polls of questionable provenance,
absence of objectivity, and its unwarranted
attacks on individuals will provide the next
generation of media studies students with the
raw material for a fascinating thesis.

BottomLogo

This is not going to end well.

Lucinda Creighton Interview EU Friend Or

Foe1
Mar 13, 2015
mirrored from mirrored from
https://www.youtube.com/channel/UC2lj...
mirrored from UCmt6qQyIAnjHxLc9mGEio0Q

https://www.youtube.com/
watch?v=wCBjkdllxzE

Modular apartments
planned for Dublin city sites
At least 100 stackable factory-built housing unites to be
located at two city centre sites
Tue, Sep 27, 2016, 01:00

Olivia Kelly

The council is following a model used by Londons Lewisham council which

has completed a modular apartment complex providing 24 homes for families
living in emergency accommodation. Photograph: Martin Godwin

Fifty years after the construction of the Ballymun flats,

Dublin City Council is returning to pre-fabricated
apartment blocks to provide a solution to the housing
and homeless crises.
At least 100 modular apartments are to be erected in
Dublin city centre to provide homes for people living in
emergency accommodation.
The council has identified two sites in the city for the
volumetric build project, which will involve

stacking factory-built housing units to form

apartment blocks.
The council is separately assessing three sites in
suburban Dublin, at Coolock, Ballyfermot and Finglas
for the next phase of standard two storey modular
housing.
The council is following a model used by Lewisham
Borough Council in South London which earlier this
year completed a modular apartment complex which
provided 24 homes for families living in emergency
accommodation.

The four-storey apartment blocks on Lewisham High

Street were built in 12 weeks at a cost of about
150,000 per apartment. The council plans to leave
them in place for three years, after which they will be
unstacked and moved to another location. The
apartments have a 60-year life span and are designed
to be relocated up to five times.
These technologies arent new but havent been used
in this way before, Jeff Endean, housing strategy

manager at Lewisham Council said. You have a

number of wooden boxes stacked and simply
unstacked again. This is a prototype, but I think theres
something in it in terms of addressing the housing
crisis.
The council is housing Lewisham families in B&B
accommodation as far away as Margate, 70 miles away
on the south east coast and is paying B&B owners 3
million a year for emergency accommodation.
The project has cost 5.8 million and has a 60 years
life span. At 150,000 per unit it has turned out high
quality flats will save us 135,000 every year on the
cost of bed and breakfast.
Mr Endean was speaking at a Dublin City Council
seminar in July. The council has now decided to go
ahead with its own, much larger apartment project at
sites yet to be named in the city.

Urban sites

The sites we have been working on are inner city

urban sites, and we will be going out for architectural
services for a framework for volumetric build in the
next week or so, city council executive housing
manager Tony Flynn said.
We anticipate having 100 units, and if we can get
more than 100 in the pilot thats what well do.
Paul Keogh, chair of the housing committee of the
Royal Institute of the Architects of Ireland, said he
welcomed measures to address the housing shortage,
but urged caution in relation to using modular
apartments on city infill sites.
Modular housing is usually reserved for greenfield
suburban sites and is generally not appropriate for
infill sites in the city where youre dealing with
irregularly shaped sites and you have surrounding
buildings to take into account so you need tailored

solutions.
http://www.irishtimes.com/news/environment/modu
lar-apartments-planned-for-dublin-city-sites1.2806520

The Housing Crisis is a cash

cow flow,

On The Subject of Landlords:

At the last count, there were 339,431 Non Principal Private
Residences in Ireland. The state received 183,551 recorded
payments from landlords for those properties.
Census 2011 identified 59,395 of these as holiday homes. It must be
relatively safe to assume the remaining Non Principal Private
Residences are available to rent.
That leaves 280,036 houses, and 124,156 landlords to account for.
With these figures alone it is suggested that the average landlord
owns less than 2.5 rental properties.
Thats how Spin works.
Pay Attention
Holiday home or not, there are 135,971 landlords with only 1 Non
Principal Private Residence property.
That leaves 203,460 houses, and 47,580 landlords to account for.
These figures suggest the average number of rental properties per
landlord is closer to 4.5.

In the interest of fair play, well discount any landlord owning 10 or

less properties to rent. There are 45,397 such landlords. The State
considers these profiteers to be minor landlords.
That leaves 2183 Landlords in control of most of the rental property
available in Ireland.
There are currently 45 TDs sitting in the Dail who receive income as
landlords.
11 TDs have officially recorded their occupation on the Register of
Interests as Landlord.
The most vulgar example is former Minister for Health, current
Minister for Children and Doctor under Hippocratic Oath James O
Reilly who records his occupation in the eyes of the state as
Landlord.
Rent rates are increasing at almost 6 times the rate of inflation, with
Dublin City alone suffering a 34% increase in the cost of rental
accommodation over the course of this governments
administration.
Homelessness has been steadily increasing since cuts to rent
allowance were announced in 2012, and homelessness will continue
to increase as a result of the abolition of Mortgage Interest Relief in
2017.
This puts pressure on the state to provide for those in need.
The Government will insist on pointing to that 4 Billion Euro
investment in social housing as a response to any criticism of their
inactivity on The Housing Crisis.
Local Authorities have started to confirm that an average of 75% of
funds released will be used to pay landlords for properties rented by
Local Authorities due to the lack of new social housing units.
This means only that the Government (made up of 45 landlords and
121 other TDs) has decided to use the bulk of 4 Billion Euros
earmarked to fund Social Housing to instead fund the businesses of
2183 landlords between now and 2020.
Dont forget the 45,397 landlords we excused from the equation on
the basis that they only own 10 Rental Properties or less. They profit
too.
The State will save 400 Million Euros with the abolition of Mortgage
Interest Relief.
Landlords will take approximately 3 Billion Euros of public funding in
lieu of it being spent on the construction of new Social Housing
Units.
The Banks will profit from the facilitation and management of this
capital flow.
All of these people and the institutions they represent profit from
this State of Affairs while we, the people suffer to support them.
The Housing Crisis is a cash cow.
Think about that.
This State has failed its citizens.
This country is ruled by businessmen and the servants of
businessmen, whose objectives are self promotion for profit and the

advancement of those interests held by their peers and associates.

We have, as a nation for generations now given our consent by
ballot to be governed by self publicists and the grubby hand of
greed.
We have voted successive shambolic administrations into power.
They rule only because we allow them to and we have been
exposed as participants in our own oppression by the implied
consent of our silence.
Its about time that we Make More Noise.
Our previous inactivity and our current inability to act in unanimity
allow the government to prioritise the accumulation and protection
of wealth over servitude to the people.
The banks and financial institutions deciding our economic direction
have shown no ability to curb their own gluttony.
They have between them ensured that we are burdened with the
results of their poor choices to an extent that it will disenfranchise
generations of Irelands children.
Our failure to promote to public office individuals who will act for the
good of the people is their greatest asset. The current government
is the latest in a line of mistakes that weve allowed to continue
unchecked for far too long.
Play Your Part. Make informed decisions. Vote for Change.

And so it begins in New York! ENOUGH! We must rise up to end

medical tyranny and the erosion of our liberties!

re you freaking serious!? Ugh so basically your child is almost dead

and you may still need to immunize ... Ignorance, BS, makes me sick
and here in California they are coming after people like me with a
child grandfathered into the school year for his PBE!!! And now I am
going to do everything I can to keep anyone's child from this bogus
fear mongering
it depends on where the parents are. In New York City and the
surrounding burroughs, yes interviews do happen and often are
intrusive. In most other counties, it is not as bad. Several advocacy
groups are working together to protect the religious exemption law
and make it easier for parents. We have some wonderful advocates
that help parents with religious exemptions as well. is where we
send ny residents. This is literally the book on ny exemptions and
guides parents through the process.

MY KIDS, MY CHOICE
RELIGIOUS WAIVERS THREATENED The American Academy of
Pediatrics has recommended repealing ALL religious exemptions in
the country! Protect our right to say 'if, when and how many' How?
By meeting...
move out of state" ?
How dare they taunt people with such disrespect an obscence
attitude of arrogance

Mar 22, 2012

Prime Time examines the details of the Mahon Report.
Stay up to date with all the latest Irish and international news
with http://www.rte.ie/newsnow and follow us on Twitter
@RTENewsNow
https://www.youtube.com/watch?v=U5RSYKa8duk

The Moriarty Report: One Year On

Mar 30, 2012
For more go to: www.rte.ie/newsnow
Like us on Facebook: http://www.facebook.com/RTENewsNow
An exclusive interview with Barry Maloney one year on from
the publication of the Moriarty Report.
https://www.youtube.com/watch?v=LZbQqgvhtSE

The Mahon Report - The Tribunal

Mar 22, 2012
Prime Time examines the details of the Mahon Report.

Stay up to date with all the latest Irish and international news
with http://www.rte.ie/newsnow and follow us on Twitter
@RTENewsNow
https://www.youtube.com/watch?v=U5RSYKa8duk

Mahon Report
rejects Bertie
Ahern's evidence
Updated / Aug. 20, 2013

Former Taoiseach Bertie Ahern has insisted

that he told the truth to the Mahon Tribunal
and that he would examine ways of
vindicating his name.
Fianna Fil leader Michel Martin tonight said
he would be recommending the expulsion of
Mr Ahern and former EU commissioner
Padraig Flynn from the party in light of the
final report of the Mahon Tribunal.
In a statement tonight, Mr Ahern said he hid
nothing, gave the Tribunal unfettered access
to all his financial records, and after years of
investigation, it made no finding of corruption

against him.
He said he strongly rejected any suggestion
that he sought to mislead it and that he
found it remarkable that his evidence had
been "summarily rejected" even where there
was no evidence to the contrary.
The Mahon Report, published today, found
that Mr Ahern gave untrue evidence about
the source of over 215,000 lodged in bank
accounts connected to him.
The report also made findings of corruption
against former minister Mr Flynn, developer
Owen O'Callaghan, the late TD Liam Lawlor
and 11 councillors.
If you are using the RT News Now app, go to
http://m.rte.ie in your mobile internet
browser to see all the live blog photos + links
Mahon Tribunal: Full report | Overview
On page lvi of the table of content and on
page 2502 Chapter seventeen, of the
Tribunals final report, Mr Conor Haugheys
name is mistakenly stated instead of Mr
Ciaran Haughey. Mr Conor Haughey had no
involvement with the Tribunal inquiries.
The Tribunal has unreservedly apologised to
Mr Conor Haughey for this error.
Amended report in link above
What did the Mahon Tribunal cost?
Profiles: Frank Dunlop | Liam Lawlor |
Owen O'Callaghan | Tom Gilmartin

Corruption affected 'every level of Irish

political life'Bertie Ahern failed to
truthfully account for source of money
Padraig Flynn wrongly and corruptly
sought donationsLiam Lawlor accepted
inappropriate and corrupt payments'
Owen O'Callaghan paid 1.8m to Frank
Dunlop over 10 years
Updates:
2135 Fianna Fil has issued a statement
saying it will seek to expel Bertie Ahern from
the party.
The motion will be put forward at a special
meeting of its national executive next week.
The statement said the manner in which he
received this money while holding high office
meant he betrayed the trust placed in him by
the country and the party.
The party has also said it will seek to expel
former EU Commissioner Padraig Flynn and
councillors GV Wright, Don Lydon and
Finbarr Hanrahan.
2125 Fianna Fil leader Michel Martin will
seek the expulsion of Bertie Ahern and
Padraig Flynn from the party.
2036 Former taoiseach Bertie Ahern has
issued a statement on the Mahon
Tribunal report.
"After spending over a decade of inquiries
and countless millions of euros, the Tribunal
has not made - nor could it make - a finding
to support the scurrilous and untrue
allegation allegation that I had been given a

corrupt payment by Mr Owen O'Callaghan

(the Cork based developer of Quarryvale) or
any of his companies.
"I have never received a corrupt payment
and I have never doneanything to demean
any office I have held. I know that some
peoplewill feel that some aspects of my
personal finances are unusual andthat in
retrospect it is obvious I was wrong not to
have paid moreattention to my financial
affairs and records.
"I hid nothing. I gave the Tribunal unfettered
access to all myfinancial records, and after
years of investigation, this Tribunal hasnot
made any finding of corruption against me. I
have told the truthto this Tribunal, and I
reject strongly any suggestion that I soughtto
mislead it" - Bertie Ahern
2023 Fianna Fil TD Sen Fleming says he
is writing to the tribunal to seek an "urgent
correction".
"The Tribunal report, most probably
inadvertently, implied that I, in my capacity
as former Financial Controller of Fianna Fil,
was aware of the IR50,000 payment to Mr
Padraig Flynn by Mr Tom Gilmartin. This is
simply not the case."
"I fully recognise the findings of the Tribunal
report. However since an incorrect statement
has been made against me which has
significant consequences for me as a serving
politician and Chartered Accountant I believe
and hope that the Tribunal will move to

correct this small but significant error."

2018 "The Mahon Report vindicates those
who fought against corrupt planning and it
shames elements of our political system from
the top down" - Eamon Ryan.
1837 "These people betrayed the trust the
Irish people put in them and betrayed the
trust that members of the party up and down
the country put in them" - Michel Martin
1833 "I accept the findings of the tribunal" Fianna Fil leader Michel Martin,
speaking on Six One.
Asked if Bertie Ahern's position in Fianna Fil
was untenable, Martin said he did not want to
pre-empt the Fianna Fil officer board
meeting tonight.
"I did promise swift and comprehensive
action... There are procedures we have to
work through... Within the next short period
we will have a clear indication of what action
we (Fianna Fil) are going to take"
1824 Some interesting quotes from 2007
(discussing Bertie Ahern's appearance at the
Mahon Tribunal)
20 December 2007 - Dermot Ahern:
"I find it quite astonishing. the line of
questioning from the Tribunal brings to mind
what Supreme Court Judge Sue Denham said
back in July when the Supreme Court had a
decision on the Tribunal where they said the
Oireachtas had given the Tribunal a job to do
to investigate urgent planning matters and
she said what was happening 10 years on

was the antithesis of an investigation into

urgent planning matters."
21 December 2007 - Willie O'Dea:
"I'm waiting for the day that the tribunal
goes back to Bertie Ahern's first communion
money and starts questioning whether he got
it in notes or coins or whether he put it in a
real bank or a piggy bank or did he get a half
crown from Owen O'Callaghan.
"Where are we going and where is it going to
finish up?"
21 December 2007 - Dick Roche:
"I felt it was petty, it was personal and
prurient and at times, it bordered on
voyeurism.
I found it difficult to see yesterday what a lot
of the cross examination had to do with...
(the matter at hand)"
1752 David McCullagh: The Fianna Fil
Officer Board - which is to meet this evening
to consider the Mahon Report - can make
recomendations to the party's National
Executive, but can't itself take disciplinary
action against party members.
Seven days notice has to be given for any
meeting to consider disciplinary action, and
while a National Executive meeting was due
to be held next week, Friday would be the
earliest date for a special meeting.
The members of the Officer Board are the
party leader, Micheal Martin; the five Vice

Presidents, Senator Mary White, Deputy

Timmy Dooley, former TD Aine Brady,
Kathryn Byrne, and Lisa Chambers; the two
honorary secretaries, Deputy Dara Calleary
and former TD Margaret Conlon; and the two
Honorary Treasurers, Niall Collins TD and
Hugh Dolan.
1705 Former TD Noel Ahern says he is
pleased the central accusation against his
brother was found to be untrue.
Speaking to RT News outside St Luke's in
Drumcondra, he said that the accusation that
Bertie Ahern received 80,000 from Owen
O'Callaghan had not been proven.
Noel Ahern said he was disappointed the
tribunal did not fully accept the evidence
given by the former Taoiseach and others
who spoke for him.
"It is a pity Bertie didn't convince the tribunal
of the truth of what he had to say."
1649 Michel Lehane has been looking at
Bertie Ahern's evidence at the Mahon
Tribunal
1629 Transparency International Ireland
is calling for radical reform of how corruption
is investigated.
"It took 15 years and some 300 million to
find out what the garda and Standards in
Public Office Commission should have
exposed. The problem was law enforcement
agencies were never allowed to do their job."
1616 Statement by Charlie Flanagan on
behalf of Fine Gael:

"The Party is currently studying the report

and its findings and wholeheartedly
welcomes the announcement by An
Taoiseach, Enda Kenny TD, that the
Government has referred the report to the
Director of Public Prosecutions (DPP), the
Garda Commissioner, the Revenue
Commissioners and the Standards in Public
Office Commission.
"Serving Fine Gael public representatives
against whom any adverse findings have
been made will be dealt with by way of the
Party's internal disciplinary procedures."
1614 Joe Mag Raollaigh just knocked on the
door of St Lukes. No answer.

1547 Bertie Ahern's 1997 statement on the

McCracken Tribunal
1522 One section of the report, believed to
be the module dealing with Carrickmines, has
been withheld for legal reasons. The Tribunal

says this runs to 200 pages and will be

published "as soon as possible".
1512 Joe Higgins says the report is a
"damning indictment of the corrupt nexus
between developers and establishment
politicians, especially from Fianna Fil."
1445 Frank Dunlop says he has "absolutely
no comment" to make in relation to the
Tribunal findings.
1415 All 3,270 pages of the Mahon Report (it
is easier - and kinder to the environment - to
just click the link at the top of this page to
read it)

1410 The tribunal is recommending that

Standards in Public Office Commission (SIPO)
be given an increased role in the
enforcement of conflict of interest measures,
in so far as both the Oireachtas members and
local councillors are concerned.
It is recommending the introduction of

simplified complaint procedures, that

anonymous complaints be permitted, and
that SIPO be given increased powers of
investigation.
1408 The tribunal wants stricter regulation of
gifts given to government ministers, and for
it to be a criminal offence for a minister to
"retain a gift above a nominal value", which
is received in connection with that office and
where that gift or benefit is "not lawfully
due".
It recommends that "politically exposed
persons", who are currently liable to be
monitored, be widened so that those who
leave public office be included for not just
one year after they depart but for ten years
after they leave office.
1345 Taoiseach Enda Kenny says he is
surprised by the findings Mahon Tribunal
report.
"It clearly sets out corrupt practices by a
number of politicians... The findings in
relation to Bertie Ahern speak for
themselves.
"As far as Fine Gael is concerned ... I have
referred the report to the internal disciplinary
committee."

1326 Caitrona Perry profiles Frank

Dunlop and his evidence at the tribunal.
1324 There is concern that recent changes in
the planning system have resulted in an
over-centralisation of power in the
hands of the Minister for the
Environment, which is not subject to
sufficient checks and balances.
The tribunal is recommending that the
Minister for the Environment's ability to give
directions to Regional Authorities and Local
Planning Authorities should be entrusted to a
Planning Regulator.
1323 A recommendation has been made that
where elected members use the material
contravention procedure to grant planning
permission, they should be required to
give at least one month's notice of their
intention to do so to the relevant regional
authority and to the Minister for the
Environment.

1318 The tribunal recommends that the term

donation be changed to include "any
donation given, used or received for political
purposes".
It should also be more strictly regulated to
prohibit indirect donations which "pose
corruption risks" as do anonymous and cash
donations.
These should be prohibited above a
certain value; 55 for donations to an
individual and 175 to a political party.
It also wants an overall limit placed on the
amount which an individual may donate, as
the current arrangement could allow
"corruption or the appearance of corruption".
It also asks that expenditure rules be
extended to cover "all political expenditure,
as those rules are currently deficient from an
"anti-corruption perspective".
1314 The Government is to refer the report
to the Garda Commissioner, the Director
of Public Prosecutions, the Revenue
Commissioners and to the Standards in
Public Office Commission.
A statement from the Government said: "A
three-day Dil debate on the report will take
place next week.
"The Government will consider the findings
and recommendations next Tuesday."
1311 The property developer Owen
O'Callaghan will seek judicial review of the
findings of the Mahon Tribunal which he
"utterly rejects."

"The Tribunal arrived at its conclusions based

on procedures which were biased, unfair and
unjust."

1246 Liam Lawlor abused his role as an

elected public representative to a very
significant degree.
In the 1980s and 1990s, Lawlor provided
services and advice to
landowners/developers (including to Dunlop
as their agent) in his capacity as an elected
politician, for personal gain.
In effect, Lawlor, while an elected public
representative, conducted a personal
business in the course of which he corruptly
sold his expertise, knowledge and
influence as a councillor and as a TD for

personal financial reward.

1254 Findings of corruption have been made
against 11 councillors.
Five of these cannot be named because they
are before the courts.
The six named individuals are Fianna Fils
Finbarr Hanrahan, Cyril Gallagher and
GV Wright, Fine Gael's Tom Hand,
Labour's John O'Halloran and
Independent Pat Dunne.
1248 Liam Lawlor's relationship with Frank
Dunlop and Owen O'Callaghan was "firmly
based in corruption."
The bulk of funds paid by Dunlop and
O'Callaghan to Lawlor were payments made
directly in relation to Lawlor's activities
concerning the rezoning of Quarryvale.
1247 The contention by Charlie Haughey's
son - Conor Haughey, - that he and John
Barnicle had only got IR10,000 from the
proceeds of the sale of Abervanta Ltd's
interest in the Cargobridge lands was
rejected.
Evidence was given to the tribunal in 2006 to
conceal the fact that Haughey and
Barnicle had between them received in
the region of IR164,000 from the sale.
1238 The suggestion that Eamon Dunphy
"embellished or otherwise altered his
evidence" was rejected.
Owen O'Callaghan conveyed to Mr Dunphy
that Ahern had been "given an inducement
and was "taken care of by O'Callaghan in

return for a promised favour".

This was corroborative of Gilmartin's
allegations in relation to Quarryvale.
It was also accepted that O'Callaghan told Mr
Dunphy that O'Callaghan "gave
inducements to politicians" and also
"found it necessary to engage in corrupt
activity in order to successfully develop
property in Dublin".
1237 Beverly Flynn has told RT News that
her father - Pdraig Flynn - is making no
comment on the findings of the Tribunal
report.
1328 Statement from Bertie Ahern's
spokesperson:
"Bertie Ahern is reviewing the final report of
the Mahon Tribunal and will issue a
statement in due course."
1216 There has been no sign of Bertie
Ahern at his home in Drumcondra today,
though his vehicle is parked at the property.
At least 10 photographers have been waiting
outside the house - some since 7.30am.

1211 Conor Hunt has been taking a look at

the controversial issue of costs at the Mahon
Tribunal
1201 Bertie Ahern should be honest with
people and tell the truth, according to
Independent TD John Halligan
Speaking to RT News, Deputy Halligan said
many people are asking questions about
where the money came from.
"It would do no harm to be honest with them
at this stage."
1156 Frank Dunlop's practice of making
payments to councillors was known to
those who met him in November 1992. At the
time he was a lobbying to secure the
rezoning of the Lissenhall Lands.
Tim Collins, Michael Hughes and Colm Moran
acquiesced in the "contemplated corrupt
activity on the part of Mr Dunlop.
Cllr Cyril Gallagher received a IR1,000
corrupt payment in relation to the Lissenhall

rezoning.
An acceptance of a IR20,000 payment, from
Rayband Ltd, by Cllr Ann Devitt was "entirely
inappropriate.
1151 The Tribunal rejected Bertie Ahern's
claim that he had no recollection of the
lodgement of STG15,500 over the course of
seven months in 1994 to his own and his
daughters Irish Permanent accounts.
The tribunal did not believe Mr Ahern had
saved sterling towards an investment
property in Manchester, but was unable to
determine the source of the funds as Ahern
failed to truthfully account for them.
1139 Pdraig Flynn requested that Tom
Gilmartin make a substantial donation to
Fianna Fil, probably at a meeting in April
1989.
The request was made on the understanding
that steps would be taken by Flynn to ease or
remove obstacles and difficulties being faced
by Gilmartin in relation to Quarryvale.

1133 "I was genuinely shocked at how

forthright it was" - Journalist Sam Smyth on
the publication of the Mahon Report.
1120 In relation to the lodgement of
28,772.90 to a bank account of Celia
Larkin on 5 December 1994, the source of
the lodgement was not STG30,000, as
Bertie Ahern contended, but was "in fact
US$45,000 cash".
1127 A decision in 1992 by Pat Rabbitte,
then a Democratic Left Councillor and TD, to
return a donation of IR2,000 to Frank Dunlop
was described as "commendable and
correct.
1115 In relation to a request to Owen
O'Callaghan for a donation to Fianna Fil
made by letter from Albert Reynolds and
Bertie Ahern in September 1993 - which
culminated in a donation for IR80,000 the tribunal said it was against the backdrop
of OCallaghan lobbying for state subvention

for a sports stadium in Neilstown.

Mr O Callaghan "felt compelled to make the
donation" because of his concern that failing
to do so would impact negatively on his effort
to get Government support and funding for
the project.
The tribunal does not deem the request for
the donation corrupt, but said it was entirely
inappropriate and an abuse of political power
and government authority.
1118 More on the Bertie Ahern
payments:
Ahern failed to disclose the source of the
following lodgments:
IR30,000 on 25 April 1994IR20,000 on
8 August 1994IR24,838 on 11 October
1994 This lodgement "had in fact been
funded by STG25,000"
1115 Tom Gilmartin's told the tribunal he
received a call from a person who identified
himself as "Garda Burns", who effectively
warned him against speaking to garda
about allegations of corrupt payments and
demands for money.
The purpose of the call "was to discourage,
intimidate or warn Gilmartin to desist" from
any further cooperation with the garda
inquiry.
1114 Complaints by Tom Gilmartin to garda
about Redmond, Lawlor and Cllr Hanrahan
were not thoroughly investigated.
1108 Tom Gilmartin claimed that in
February 1989, when he emerged from a

meeting room in Leinster House with then

Taoiseach Charles Haughey and a number
of ministers, he was confronted by a an
unidentified person who proceeded to
corruptly demand IR5m from him.
He also told the tribunal he was provided by
the individual with details of an offshore
account into which the money was to be
paid.
1108 Former Fianna Fil TD GV Wright
received a IR5,000 "corrupt" payment from
Christopher Jones in November 1992, in
relation to the Ballycullen/Beechill rezoning
projects.
The money was not given to assist his
political expenses, but rather to ensure he
would "exert influence on his Fianna Fil
councillor colleagues."
1104 Of monies paid by Owen OCallaghan
to Shefran Ltd - IR65,000 was retained
by Frank Dunlop, who paid most or all of
this to councillors for the purpose of securing
their support for rezoning the Quarryvale
lands.
These payments took place close to the time
of local elections in 1991 and the tribunal
said they were corrupt payments.
1100 Bertie Ahern's "usual practice" in the
period 1987-1993 was "to cash salary and
expenses cheques...rather than using a bank
account", but it rejects Ahern's evidence that
he had accumulated about IR54,000 in
savings.

1058 Evidence given by two Arlington

executives - that they could not recall why
they gave Lawlor STG33,000 in April 1989 was rejected.
The tribunal says it is satisfied was not, as
claimed by Lawlor, a political donation.
It is satisfied that Lawlor accompanied
Gilmartin to a meeting with Assistant City
and County Manager George Redmond in
May 1988, and at it corruptly requested
payment of IR 100,000 for himself and a
similar amount for Mr Redmond.
This request was rejected by Gilmartin. The
tribunal finds that Mr Redmond was aware
that this request was being made on his
behalf by Lawlor, and was complicit in this. It
also finds that Lawlor did seek a 20% stake in
the Quarryvale project on two separate
occasions, and such demands were corrupt.
1055 The tribunal rejects that a collection
was held in December 1993 by Des

Richardson and Gerry Brennan, and

rejects that Bertie Ahern was given 22,5000
"in the manner claimed" on 27 December
1993. It says that Mr Ahern did not receive
that sum "either as a gift or as a loan".
The tribunal also rejected the evidence of
Bertie Ahern, Des Richardson, Charlie
Chawke, Michael Collins, David McKenna and
Jim Nugent in relation to the collection.
It did accept Padraic O'Connor's assertion
that he and Mr Ahern were not close personal
friends in 1993, and also accepted Mr
O'Connor's evidence that Des Richardson
requested a donation be made towards the
expenses of Mr Ahern's constituency office,
but not to Bertie Ahern personally.
The tribunal was unable to confirm Des
Richardson's evidence that a bank draft for
IR5,000 (included in the IR22,500
payment) had been funded by NCB
Stockbrokers on Mr O'Connor's instructions.
"Contrary to Mr Ahern's claim," the tribunal
found that the payment did not come from
Mr O'Connor personally.
The tribunal accepted Padraic O'Connor's
evidence that Bertie Ahern - contrary to Mr
Ahern's claim - never acknowledged a
payment of 5000, nor did Mr Ahern offer to
repay the money.
1051 Liam Lawlor was paid IR40,000 by
Frank Dunlop in 1991 which was funded by
payments from Mr O'Callaghan to a company
called Shefran Ltd, and that Owen O'

Callaghan was fully aware of the payment to

Lawlor.
It also finds that Lawlor received payments
totalling IR41,000 from OCallaghan
between 1991 and 1996 and states that the
relationship of Lawlor with Dunlop and O'
Callaghan was firmly based in corruption.
The bulk of payments made by Dunlop and
O'Callaghan to Lawlor from 1991 to 96
concerned the rezoning of Quarryvale lands
and were corrupt.
1046 The tribunal finds that the late Liam
Lawlor, then a councillor and TD, accepted
inappropriate and corrupt payments
from Arlington PLC.
It accepts Tom Gilmartin's evidence regarding
his first meeting with the Mr Lawlor - the
venue and the topic of discussion - Arlington
and Bachelors Walk.
It also accepts Gilmartin's claim that Mr
Lawlor claimed to be a representative of the
Irish Government. It accepts that at a date in
May 1998, Lawlor attended uninvited at
Arlington plc's offices in London and claimed
to be a representative of the Irish
Government.
The tribunal says it is satisfied that on the
basis of these representations, Arlington
believed Lawlor was so close to government
that a failure by them to make significant
payments to him might result in a lack of
support from the government and authorities
for the Bachelor's Walk project, making it

more difficult to achieve.

The tribunal says that this resulted in
Arlington giving the equivalent of almost
STG75,000 in payments to Mr Lawlor over
an 11 month period - acceptance of which
was inappropriate and corrupt.

1036 Former Minister and EU Commissioner

Padraig Flynn "wrongly and corruptly"
sought a substantial donation from Mr Tom
Gilmartin for the Fianna Fail party and having
being paid IR50,000 by Mr Gilmartin for
that purpose proceeded to use that money
for his personal benefit.
The Tribunal was satisfied that the 50,000
funded at least a significant portion of the
purchase of a farm in Co Mayo in the
name of Padraig Flynns wife and was not
used except minimally for political
expenditure associated with Mr Flynn.

1028 A lodgement of IR28,772.90 made by

Celia Larkin on 5 December 5 1994 into an
AIB account on Upper O'Connell Street was
not - as contended by Bertie Ahern - around
Stg30,000 in cash, given by Micheal Wall,
but was in fact $45,000 dollars in cash
1021 The Tribunal says its investigations into
Bertie Ahern's accounts sought to establish
or exclude a connection between funds
related to Mr Ahern and Mr Owen
O'Callaghan, but its inquiries in this regard
were "inconclusive."
This was so because much of the
explanations provided by Ahern, as to the
source of the substantial funds available to
him, were deemed by the Tribunal to be
"untrue".
1015 The report stops short of a corruption
finding in respect of former Taoiseach Bertie
Ahern but it totally rejects his evidence and
that of related witnesses about the sources of
monies in his own and related bank accounts.
It says Ahern failed to truthfully account
for a total of IR165,214.25 passing
through accounts connected with him.
It also finds that in relation to the B/T
account, known as the Bertie/Tim account by
bank staff in the Permanent TSB, Ahern and
his associate Tim Collins failed to truthfully
account for IR50,000 lodged into this
account between 1992-94.
In the introduction to the Report the Judges
say a number of senior Cabinet ministers

made sustained and virulent attacks on the

integrity of the Tribunal members.
They say there is "little doubt" the objectives
of these extraordinary and unprecedented
attacks on the Tribunal was to undermine the
efficient conduct of the Tribunal, erode its
independence and

The corruption at the heart of Irish

society
22 March 2012 Vincent Browne

Right at the beginning of this mammoth report is the killer line:

The Tribunals inquiries uncovered evidence of deep-rooted,
systemic corruption in Irish public life.
Commenting on the findings of this, the fifth and final report of the

Planning Tribunal, it states: it was satisfied that at least for some

councillors in Dublin County Council, corruption had become a
regular aspect of their public role. Those councillors exercised their
public powers in their own interests rather than in the interests of
the public and bartered that power in exchange for cash and/or
other benefits. There was apparently no shortage of persons
prepared to pay for the corrupt exercise of public power and large
tracts of land were ultimately rezoned because of the making and
receipt of corrupt payments rather than in the interests of proper
land use and development.
The report goes on to say: This corruption was, at the time it
occurred, an open secret and it poses the question: Given the
existence of such rampant public corruption, the obvious question
is why it was allowed to continue unabated? Its short answer to
that question is: It continued because nobody was prepared to do
enough to stop it. This is perhaps inevitable when corruption
ceases to become an isolated event and becomes so entrenched
that it is transformed into an acknowledged way of doing business.
Specifically, because corruption affected every level of Irish
political life, those with the power to stop it were frequently
implicated in it.
Moreover, the general apathy on the part of the public towards
that corruption meant that there was insufficient pressure from the
public to compel their representatives to take firm action to curtail
or eliminate it.
The apathy continues. The indifference of the present Government
to the findings of the Moriarty Tribunal that made such devastating
findings about the businessman, Denis OBrien, is represented in
the regular presence and apparently welcome presence of the
same Denis OBrien at Irish government functions and
appearances with the Taoiseach and other senior office holders.
Anybody who paid even scant attention to the work of the Mahon
Tribunal from 2006 to 2008 knew that Bertie Aherns explanations
for the origins of tens of thousands of pounds that flowed through

his bank accounts were not remotely credible and yet, again and
again government ministers defended his indefensible integrity and
truthfulness. And among them was Michel Martin.
And in the course of such protestations government ministers
attempted to undermine the integrity and credibility of the Tribunal.
The report comments on this: It was entirely inappropriate for
members of the Government to launch such unseemly and
partisan attacks against a Tribunal of Inquiry appointed following a
resolution passed by both Houses of the Oireachtas to inquire
into serious concerns regarding corruption in public life. There
appears little doubt but that the objective of these extraordinary
and unprecedented attacks on the Tribunal was to undermine the
efficient conduct of the Tribunals inquiries, erode its independence
and collapse its inquiry into that individual. They were
as regrettable as they were ill-considered and unfounded.
But is the corruption that is the subject of this report and of such
outrage tonight even on the same scale of the corruption at the
heart of this society in its massive inequalities, injustices, cruelties,
and in the monstrous injustice of the complicity of the previous
government and the present Government in the infliction of a debt
on this society that will impair it for generations?
We are curating #vinb comments during the show below and
Vincent will respond to the issues raised afterward. Keep
refreshing the page to see updates.

Ethics in banking a question of

regulation

15 May 2013 Shelia Killian

<img
typeof="foaf:Image"
src="http://politico.ie/sites/default/files/styles/large/public/field/image/Jo
hnBruton.jpg?itok=qWvzS6CM"width="300"height="160"/>
Last week former Taoiseach and President of IFSC Ireland, John
Bruton, said that the banking industry needed "to focus on ethics
rather than regulation". As someone who strongly supports the
idea of ethical codes and a more central role for ethics in business,
I found this remark and the casual way it was accepted unhelpful
on many levels. Ethics are not an alternative to regulation; rather
regulation is needed to support ethical behaviour.
First, what do we mean by ethics in business? There are many
approaches. To illustrate why ethics are not an alternative to
regulation, consider just three. You can take a deontological
approach, like that that of most religions, and impose an absolute
moral code. Something is either right or it is wrong, no exceptions.
You can see aspects of this in some corporate codes of conduct:
some things such as fraud, insider trading or forced labour are
simply prohibited, regardless of the consequences at the time.
These things are unethical everything else is OK. Because of the
inflexibility of prohibiting an action, the list tends to be a short one,
and not very useful for complex grey area situations.
In contrast, a utilitarian or consequentialist approach hinges on the
idea that the morality of any action is completely determined by its
consequences. So in its purest form, faced with a decision, you
could weigh up the impact on all parties and choose the course of
action that minimises harm or maximises good. So while stealing
might be wrong under a deontological approach, utilitarian ethics

might allow it under some circumstances, such as the theft of food

from a profitable business to save the life of a starving child. This is
pragmatic and useful, but depends on the person making the
decision having been really well trained; unless business schools
and professional institutes put serious weight behind teaching the
process of ethical decision-making, it is unreasonable to expect
individual employees to respond in the best possible way when
making snap decisions in a fast-moving and high-pressure
environment.
As a final example, a virtue-based approach to ethics comes from
Aristotles ideas of how to be, rather than what to do. A decision
on a particular situation could be reached by asking, Am I the sort
of person who would ...? or, Are we the sort of organisation
that ..? This can work really well for individuals, but wont work in
business unless everyone in the organisation is aware of and
supports the sorts of virtues or values that the firm as a whole
espouses. Since these values are not based on rules, they must
be embodied by the leaders within the organisation a kind of
ethical role-modelling which be either positive or negative,
depending on whos in charge and how they behave.
Now the question is: which of these approaches, bearing in mind
that they are only three of a myriad of ways of describing and
understanding business ethics, could credibly act as an alternative
to regulation in an industry as cut-throat and prone to moral hazard
as banking? The absolute moral code of deontological ethics is
barely compatible with capitalism, and would be either limited or
diluted by its application to profit-seeking financial innovation. The
utilitarian approach is pragmatic but time-consuming, and depends
heavily on training. Virtue-based ethics comes close to a personal
ideal, but depends on individuals to an unsustainable degree.
They are all good to have in an industry, but will never work alone.
The trouble with ethics in isolation is that unless they seem
coherent with the overall climate in which an individual is working,
he or she will lack the confidence to do the right thing even where

the right thing is clear. I might know that stealing is wrong, for
example, but if all of my peers are routinely cleaning out the
stationery cupboard and falsifying expense claims, then my
personal belief is constantly challenged by the daily experience.
This is where regulation clear rules of law with penalties and
consequences for non-compliance will support ethical standards,
reinforcing rather than replacing them.
Of course regulation also has the happy advantage of being
effective even for people who would never embrace an ethical
code. Even sociopaths fear the law. In that sense, regulation has a
wider impact than business ethics, and is a baseline if we are to
expect better corporate behaviour. Without punishments, some
people will never obey rules. But most employees are not
sociopaths, so training in ethical decision-making will also have a
useful effect, enhancing the impact of regulation, and ensuring that
it is implemented in spirit as well as in statute. What the industry
needs is not "to focus on ethics rather than regulation," but to
enforce regulation and resource ethical training. Then we might
see the change we need.
http://www.rte.ie/news/2012/0322/314964-mahon/

O'Brien denies bribery

Digicel owner says Irish tribunal findings
flawed
Wednesday, March 23, 2011

Denis OBrien

DENIS O'Brien maintains that he never paid a former Irish

communications minister in exchange for a telephone company
licence that helped him become one of Ireland's wealthiest men.
Yesterday, the Moriarty Tribunal made public a voluminous report
from a 14-year probe, which documented Communication Minister
Michael Lowry's lobbying on behalf of telecoms tycoon O'Brien and
his alleged confidential payments to Lowry.
But O'Brien was flabbergasted that the sole member of the tribunal
conducting the probe, Justice Michael Moriarty, came to that
conclusion despite several high level officials giving testimony to
the contrary. The head of Digicel Group found the basis of the
report "fundamentally flawed", given that it is based on the
"opinions and theories" of Moriarty and his legal team.
"It is extremely disturbing that the chairman of this tribunal would
choose to ignore the sworn evidence of the Department of
Communication, Department of Finance, 17 civil servants, five
government ministers, two barristers from the Office of the Attorney
General, one former Taoiseach, one senior counsel to the Irish

State and Professor Michael Andersen, principal of AMI the

internationally-renowned world experts in this field," said O'Brien in
a written statement.
I wish to state in the most categoric terms once again that I never
made any payment to Michael Lowry in his capacity as a
government minister, as a public representative or as a private
citizen," O'Brien added.
Ireland launched the probe in 1997 after a leaked corporate report
identified Ben Dunne as a secret benefactor for Lowry and former
Prime Minister Charles Haughey.
It also examined Lowry's 1995 decision to award a telephone
company licence to O'Brien, who led the Esat Digifone Consortium
application process.
Esat Digifone quickly won 42 per cent market share, making it the
most successful second entrant in a European Union mobile
market ever. BT Telecom acquired Esat Digifone in 2000 -- the
year Digicel entered the Jamaican market.
Yesterday's 2,350-page report documented UK and Irish property
transactions conducted by Lowry and "dealings with Mr O'Brien",
which were allegedly conducted through O'Brien's agents and
associates. The report also claimed that a payment of 147,000
was made from O'Brien to Lowry in 1996, when Lowry was still in
office.
"This payment was made indirectly, having been transmitted by an
off-shore route, through Mr Aidan Phelan and the late Mr David
Austin," said the report.
The report also spoke to another alleged payment of 300,000 "the
bulk of which was used for the purchase of a property by Mr Lowry
at Mansfield, in Derbyshire in the UK".
O'Brien said he planned to study the report in detail yesterday, but
added that Moriarty made errors in the past that formed the basis
of "false theories".
"It is worth noting that the chairman of the tribunal, a High Court
Judge of many years, admitted last year to making "two not
insignificant errors", both of which had been used to substantiate
false theories," said O'Brien. "I believe it is unprecedented in the
history of this country that a High Court Judge would make such
fundamental errors which went to the heart of the credibility and
integrity of a tribunal process.
"The reason these errors were admitted was only because they
had been uncovered by the diligent work of members of the legal
profession. Furthermore, it is noteworthy that the chairman makes
no reference to the concealment of crucial correspondence by the

tribunal from the office of the attorney general over an eight-year

period. It has been evident from the outset to me and to many
other witnesses before this tribunal that the final report would be
designed to damage the reputations of many reputable people. I
believe it is now incumbent on the judiciary to investigate the
conduct of Mr Justice Michael Moriarty and the tribunal legal team
for the manner in which they conducted themselves," he added.
Digicel, in a statement issued yesterday, said: "Digicel is in no way
affected or involved in the recently published report of a tribunal of
inquiry into, among other matters, the Irish Government's awarding
of the second mobile phone licence for Ireland in 1996. The
inquiry, referred to as The Moriarty Tribunal, has just completed
this phase of its work, which began in 2001. The tribunal is made
up of one member, Mr Justice Moriarty, who is expected to present
what is referred to as a "reasoned expression of opinion" relating
to the matters he has investigated. As a "reasoned expression of
opinion" the report has no legal effect or consequences. As the
owner and chairman of Digicel, Denis O'Brien has been the driving
force behind revolutionising mobile communications across the
Caribbean and the Pacific, making mobile communications
accessible to all and ensuring that customers benefit from best
value, best service and the best network. Denis' vision, drive,
energy and integrity continue to be integral to Digicel's success.
This has seen the company win and operate 32 mobile licences
across the globe. Digicel employs 5,500 people around the world
with more than 11.5 million customers, and the company's total
investments across 32 markets worldwide exceed US$4.5 billion."
http://www.jamaicaobserver.com/business/O-Brien-deniesbribery_8567642

Supreme Court: allegations of

ministerial corruption should
not be struck out on a
technicality
Chief Justice Denham said it is a matter of public interest as to whether
Michael Lowry corrupted a State process.
Oct 17th 2012

File photo: Michael Lowry with Denis O'Brien back in 1997

Image: Eamonn Farrell/Photocall Ireland

/Photo Text content

A SUPREME COURT judge has said that if the allegations
contained in the report of the Moriarty Tribunal were to be
established in an Irish court, they would be the most
serious factual determinations since the foundation of the
State.
Delivered by Justice Frank Clarke, the remarks were
included in a Supreme Court ruling which will allow two
unsuccessful bidders for Irelands second mobile phone

licence to challenge the States decision to grant it to Esat

Digifone in 1995.
The three presiding judges cleared the way for the appeals,
citing public interest and the unique and distinguishable
nature of the case as relevant factors.
The losing competitors allege that money was paid by Esat
Digifones Denis OBrien both directly and indirectly to the
then-Minister for Public Enterprise Michael Lowry during
the competition process.
Chief Justice Susan Denham ruled that the balance of
justice is in favour of the case proceeding. She said she
came to the decision after taking a number of factors into
account, including the fact that these proceedings make
serious allegations of corruption by a Minister of the
Government not a matter which should be struct out on
a technicality but which should be addressed in a full
hearing in open court.
In submissions it was argued by the State that the
appellants actions were not in the public interest, but
were private commercial interests.
However, this is not a case between private companies,
rather it involves allegations of corruption by a Minister of
State. There is a public interest in determining such a
claim of corruption in high office. It is a matter of public
interest as to whether a Minister of Government corrupted
a State process. This is an important aspect of the case.
Denham mention of a technicality refers to the States
motions to dismiss the proceedings on the grounds of
inordinate and inexcusable delay. Those orders were
originally perfected by the High Court in 2007 but
overturned by the Supreme Court in July.
Covert and concealed wrongdoing
Because of the unique nature of the case, the judges sided
with Persona and Comcast who argued the delay in
bringing forward proceedings was excusable and
legitimate because they were waiting for developments at
the Moriarty Tribunal. They believe they could not have
formulated a statement of claim without the details which

emerged during the nine-year probe.

The three-judge court said the case brought up a question
of covert wrongdoing, which is unusual when compared
to most other civil suits in which the plaintiff can plead
their own case.
Persons injured in accidents, whether on the roads or in
the workplace, will normally be able to give a reasonable
account of how the accident occurred, Justice Clarke
said. The problem with covert wrongdoing is, of course
that it is covert. A person who suffers from covert
wrongdoing may have little or no direct knowledge of the
wrongdoing.
The allegation made is of highly covert activity, added
Clarke.
Justice Fennelly said that while ordinarily he would have
been inclined to dismiss the claims of all plaintiffs on the
grounds of an inordinate and inexcusable delay, the
present case is distinguishable.
They have convincingly argued that any private litigant
without the investigative powers of the Moriarty Tribunal
would not have been able to uncover the materials
necessary to make their claims.
As Hardiman says in his judgement, the corruption
alleged in this case was covert, devious and concealed.
Chief Justice Denham added that the case provided an
exception to the rule that plaintiffs should not be able to
decide unilaterally not to proceed a case for a particular
time and reason.
Reaction from Lowry and OBrien
Although the Supreme Court decision was revealed during
the summer, the reasoning behind it was published for the
first time today.
In July, both Lowry and OBrien welcomed the ruling.
The Tipperary deputy said that he has always advocated
that a court of law is the proper forum to critically probe
the process which led to the licence being granted.
Shortly after the licence was granted and the losing
consortia started a campaign to undermine the process, I

as then Minister invited and encouraged the losing bidders

to seek a judicial review of the process, continued Lowry.
They declined that request.
I welcome the fact that 17 years later the Supreme Court is
granting them the opportunity to have that decision tested
in lawI am happy that the losing consortias court
challenge will be governed by strict rules of evidence
where facts must be established, where the sworn evidence
of those who know the facts such as more than 17 civil
servants and all others involved in the process will have to
be accurately adjudicated on to the exclusion of hearsay
and opinion.
Lowry concluded that the claims about how the licence
was awarded are without merit or substance and should
be vigorously defended by the State.
In a similarly worded statement, OBrien said he is
absolutely satisfied that the allegations being pursued
will be demonstrated to be devoid of evidence and
substance.
He added that he welcomes the opportunity to fully defend
all allegations made in relation to the licence competition
process.
Esat Digifone Limited won for the very simple reason that
it submitted the best bid, according to OBrien.
The Moriarty Report
The circumstances of the awarding of the licence was
subject to scrutiny during the nine-year Moriarty Tribunal.
In 2001, Comcast International Holdings Incorporated
and Persona Digital Telephony Ltd brought actions against
the State, Esat Digifone and its chairman Denis OBrien.
In 2007, the High Court stopped the cases because of
inordinate and inexcusable delay in prosecuting them.
However, lawyers for both consortia argued that they were
entitled to wait until the Moriarty Tribunal report before
proceeding.
The Moriarty Report, published in March last year,
criticised Lowrys role in the awarding of the licence to
Esat Digifone. Justice Michael Moriarty said that Lowry

was far from a disinterested Minister who exerted

insidious and pervasive influence on the process.
http://www.thejournal.ie/supreme-court-denis-o-brien-michael-lowry639433-Oct2012/

Comcast International Holdings Inc. & ors -v- Minister for

Public Enterprise & ors; Persona Digital Telephony Ltd &
anor -v- Minister for Public Enterprise & ors
Neutral Citation:
[2012] IESC 50
Supreme Court Record Number:
213, 215 & 216/07
High Court Record Number:
2001 9223P, 2001 15119P & 2001 9228P
Date of Delivery:
10/17/2012
Court:
Supreme Court
Composition of Court:
Denham C.J., Hardiman J., Fennelly J., McKechnie J., Clarke
J.
Judgment by:
Clarke J.
Status:
Approved
Judgment
Information Note
THE SUPREME COURT
[Appeal No: 213/2007]
Denham C.J.
Hardiman J.
Fennelly J.
McKechnie J.
Clarke J.
Between/
Persona Digital Telephony Limited and Sigma Wireless
Networks Limited
Plaintiffs/Appellants
and

The Minister for Public Enterprise, Ireland and the Attorney

General
Defendants/Respondents
THE SUPREME COURT
[Appeals Nos: 215/2007 and 216/2007]

Between/
Comcast International Incorporated, Declan Ganley,
Ganley International Limited and GCI Limited
Plaintiffs/Appellants
and
The Minister for Public Enterprise, Michael Lowry, Esat
Telecommunications Limited, Denis O'Brien, Ireland and
the Attorney General
Defendants/Respondents
Judgment of Mr. Justice Clarke delivered the 17th of
October, 2012.
1
Introduction
1.1 The events surrounding the award of a GSM mobile
telephone licence by the Minister for Public Enterprise in
1995 have been a matter of very significant public
controversy for well over a decade now. Those events
have been the subject of investigation by, and the report
of, what is commonly referred to as the Moriarty Tribunal.
As is widely known Esat Telecommunications Limited
("Esat"), the third named defendant in the proceedings
brought by Comcast International Incorporated along with
three other parties (collectively "Comcast", and the
"Comcast proceedings" respectively), was successful in
the competition which led to the grant of the licence in
question. Comcast was one of its losing competitors.
Likewise the first named plaintiff in the other proceedings
which are the subject of these appeals, Persona Digital
Telephony Limited, who is joined by a co-plaintiff in its

action (collectively "Persona" and the "Persona

proceedings" respectively), was another unsuccessful
competitor. Comcast, Persona and the other plaintiffs have
initiated these proceedings with a view, amongst other
things, to seeking damages arising out of what was said to
have been misfeasance of public office, deceit and fraud in
the way in which that competition was conducted.
1.2 It can, I think, be said that if the allegations which are
made in these proceedings, and which formed the subject
of the findings of the Moriarty Tribunal, were to be
established in a court of competent jurisdiction, they
would amount to amongst the most serious factual
determinations made by a court in this jurisdiction since
the foundation of the State. The allegations involve the
assertion that the second named defendant in the
Comcast proceedings ("Mr. Lowry"), who held the office of
Minister for Public Enterprise at the time of the
competition, was paid money by the fourth named
defendant in the Comcast proceedings ("Mr. O'Brien") in
order to influence the competition. It is alleged that such
monies were paid both directly and indirectly and that Mr.
Lowry, as Minister, did, in return for those monies, actually
influence the competition in order to procure that Esat
should win.
1.3 However, this court is not now concerned with the
substance of those allegations. In circumstances to which
it will be necessary to refer in due course, the first named
defendant in both proceedings (the Minister) applied to
the High Court to dismiss both the Comcast and the
Persona proceedings for want of prosecution, delay and on
the basis of the court's inherent jurisdiction to dismiss
proceedings when there is a serious risk that any trial
would be unfair. Those applications came on for hearing
before Gilligan J. who made the order sought on behalf of
the Minister in both proceedings. It should be noted that
the non-State parties in the Comcast proceedings,
namely Mr. Lowry, Esat and Mr. OBrien, did not participate
in the Ministers application. Comcast, Persona and their
associated plaintiffs separately appealed to this court
against the judgment and order of Gilligan J.. This court

has already ruled that the appeals be allowed and that the
order dismissing both proceedings be reversed. I support
the decision of this court in that regard. However, it was
indicated that reasons would be given at a later date. This
judgment is directed to the issues which arise on those
appeals and to my reasons for supporting the ruling of this
court. The backdrop to these appeals is the sequence of
events giving rise to both proceedings and the progress of
those proceedings once commenced. As much of the
relevant factual background is dealt with in other
judgments I will turn only briefly to the history of relevant
events.
2
The History of Events
2.1 There are detailed accounts of the facts to be found
in the judgments of Denham C.J., Hardiman J. and
McKechnie J. Those judgments set out a full account of the
proceedings and their, admittedly limited, procedural
history. Background facts are also set out. In addition there
is an analysis of the progress of the Moriarty Tribunal
insofar as it dealt with the issues concerning the award of
the GSM licence. In those circumstances it is unnecessary
to repeat those accounts in this judgment.
2.2 However, there are a few additional facts which are,
in my view, of some limited relevance to the issues which
require to be determined in these appeals. Those facts will
be dealt with as they arise in the context of a discussion of
the issues debated on this appeal.
2.3 Against that background it is necessary to turn to the
test by reference to which the court ought to consider
whether to dismiss civil proceedings on the basis of delay,
on the one hand, or in furtherance of its inherent
jurisdiction to ensure a fair trial, on the other hand; it
being recalled that the Minister sought the dismissal of
both of these proceedings on both of those grounds and
that Gilligan J. acceded to the Minister's application in both
cases on both grounds. I turn first to the test applicable
where it is sought to dismiss proceedings for delay.
3.
Dismissal For Delay The Test
3.1 In one sense it can be said that the overall approach
is well settled. In Desmond v M.G.N. Limited [2009] 1 I.R.

737, at p.749, Macken J. (who was part of the majority of

this court in that case) adopted the tests which I had
mentioned in Stephens v. Flynn Limited [2005] IEHC 148
being:"1. ascertain whether the delay in question is inordinate
and inexcusable; and
2.
if it is so established the court must decide where the
balance of justice lies."
3.2 In formulating the test in that way I had followed a
long line of authority stretching back to the decisions of
this court in Rainsford v. Limerick Corporation [1995] 2
I.L.R.M. 561 and Primor plc v. Stokes Kennedy Crowley
[1996] 2 I.R. 459. I did not understand counsel on either
side of these appeals to suggest that those tests were not
the applicable tests. In addition I do not understand any of
the recent jurisprudence in this area to question that those
tests represent the appropriate questions to be considered
by the court.
3.3. However, it does have to be accepted that there has
been what might, at a minimum, be considered to have
been a difference of emphasis apparent from certain
recent judgments in both this court and in the High Court,
as to the manner in which those tests should be applied
and in particular whether there was to be, as I put it in
Stephens v. Flynn Limited, a re-calibration or as others
have described it, a tightening up, in the application of
those tests.
3.4 That recent jurisprudence goes back to the judgment
of Hardiman J. in this court in Gilroy v. Flynn [2005] 1
I.L.R.M. 290. That judgment suggested that the courts had
become ever more conscious of the unfairness of, and
increased possibility of injustice which attached to,
allowing an action which depends on witness testimony to
proceed a considerable time after the cause of action had
accrued. The judgment also noted the decisions of the
European Court of Human Rights ("the ECtHR"), in cases
such as McMullen v. Ireland (Application no. 42297/98,
29th July, 2004) [2004] ECHR 42297/98, and the
obligation, independent of the actions of the parties, on

the courts to ensure that civil litigation is determined

within a reasonable time. Hardiman J. also noted then
recent changes in the Rules of the Superior Courts which
appear to place a greater obligation on the courts not to
excuse, save in special circumstances, repeated
procedural failures on the part of litigants.
3.5 Relying on those matters I expressed the view in
Stephens v. Flynn, in a passage immediately after that
setting out the tests approved of by Macken J. in
Desmond, that:"[I]t seems to me that for the reasons set out by the
Supreme Court in Gilroy the calibration of the weight to be
attached to various factors in the assessment of the
balance of justice and, indeed, the length of time which
might be considered to give rise to an inordinate delay or
the matters which might go to excuse such delay are
issues which may need to be significantly re-assessed and
adjusted in the light of the conditions now prevailing.
Delay which would have been tolerated may now be
regarded as inordinate. Excuses which sufficed may no
longer be accepted. The balance of justice may be tilted in
favour of imposing greater obligation of expedition and
against requiring the same level of prejudice as
heretofore."
3.6 That reasoning was upheld by this court in an appeal
in Stephens v. Paul Flynn Limited [2008] 4 I.R. 31.
3.7 However, the need for recalibration or tightening up
was questioned to some extent in Desmond where
Geoghegan J. (also part of the majority) indicated that he
was not convinced that it was necessary to revisit the
principles set out in Primor and Rainsford.
3.8 In the light of the, at least potentially, conflicting
jurisprudence on the question of whether there ought
properly be a re-calibration or tightening up of the criteria
by reference to which the actions or inactions of parties
might be judged, I suggested an overall approach in
Rodenhuis and Verloop B.V. v. HDS Energy Ltd. [2011] 1
I.R. 611, at pp.616-617, in these terms:-

"As long as it remains the case that the procedure in this

jurisdiction is left largely in the hands of the parties, then
it follows that the pace at which litigation will progress will
be highly dependent on the initiative shown by those
parties. To the extent that it becomes clear that parties
will be significantly indulged even though they engage in
delay, then that fact is only likely to encourage delay. If
parties feel they can get away with it, and if that feeling is
justified by the response of the courts, then there is likely
to be more delay. It seems to me, therefore, that it is
necessary, in a system where the initiative is left largely
up to the parties to progress proceedings, for the courts to
make clear that there will not be an excessive indulgence
of delay, because if the courts do not make that clear, it
follows that the courts actions will encourage delay and,
thus, will encourage a situation where cases will not be
completed within the sort of times which would be
consistent with compliance with Irelands obligations
under the European Convention on Human Rights.
As I pointed out it is correct to say that there is no
jurisprudence of the [ECtHR] dealing with the
circumstances in which proceedings must be dismissed for
delay. However, it does seem to me that if the courts in a
common law jurisdiction, and in the absence of case
management for any particular category of case, to use
the words of Hardiman J., endlessly indulge delay then
that fact is only likely to increase delay and increase a
failure to comply with Irelands Convention obligations. It
seems to me that that analysis justifies the view which I
expressed in [Stephens] (and which was approved of by
the division of the Supreme Court which heard the appeal
in that case) which was to the effect that there needed to
be a tightening up or recalibration of the application of the
long established principles in the delay jurisprudence,
without altering the tests to be applied.
For those reasons it seems to me that the tightening up to
which I referred in Stephens is an appropriate course of
action for the courts to adopt. It does not seem to me that
there is any clear or authoritative view from the Supreme
Court which would bind me to take a different view. I
therefore propose to apply the test which I identified in

[Stephens] and which was approved of by Macken J.,

speaking for the majority in [Desmond], but with the
tightening up to which I referred in the very next
paragraph of my judgment in [Stephens]."
3.9 I see no reason to depart from the views which I
expressed in Roddenhuis. The overall test remains the
same. That has been the consistent position adopted in all
the cases. However, it seems to me that the factors first
identified by Hardiman J. in Gilroy do require that the
application of that test be approached on a significantly
less indulgent basis than heretofore.
3.10 However, I should express my agreement with a
number of the observations made on this question by
McKechnie J. in his judgment in this case. First, I agree
fully with the comments made by reference to Guerin v.
Guerin [1993] I.L.R.M. 243. The circumstances of the
parties and, in particular, any disparity in the resources
available to the parties must always be a factor which the
court takes into account. The degree of expedition and
compliance with time limits which could properly be
expected of large corporations involved in commercial
disputes cannot reasonably be required of poorly
resourced or otherwise disadvantaged litigants who may
have to resort for representation to small law firms
frequently accepting instructions without any guarantee of
payment. Any legitimate tightening up must give all due
consideration to the difficulties with which such parties are
faced in progressing litigation which can, in many cases,
be of significant importance to the party concerned.
3.11 Second, I agree with the views expressed by
McKechnie J. as to the need to apply any heightened
standards of expedition to defendants as well. If the true
rationale for a tightening up is the need for a more timeconscious regime to ensure that proceedings are
determined in a timely fashion, then it follows that the
need for such a regime places obligations on defendants
as well. The problem with which courts in a common law
system is faced is that, in the absence of active judicial
case management, the pace at which litigation is to
progress is left largely in the hands of the parties. While

active case management has been introduced in certain

categories of cases in recent times, it may not be
practicable to provide such case management in all cases.
Indeed a high level of (costly) management may not be
suitable for all types of cases and in all circumstances.
There will, therefore, remain cases where the pace of
litigation does lie, to a significant extent, in the hands of
the parties. But, as McKechnie J. points out, that fact
places obligations on defendants as well. The Rules of
Court provide various mechanisms which allow a
defendant, who is concerned by the slow pace of litigation,
to seek to have the process accelerated. A defendant who
does not avail of those procedures is, in my view, in a
different position from a defendant who has sought to
speed up the process but has been frustrated in that
endeavour by a failure on the part of the relevant plaintiff
to respond reasonably.
3.12 Finally, I would also agree with McKechnie J. that,
while a gold standard of practice must always be striven
for, it would be unjust to regard a party who, in all the
circumstances, had acted with reasonable expedition, as
having been guilty of inordinate delay simply because the
standards of expedition demonstrated do not measure up
to the very highest standards of best practice.
3.13 With those observations in mind I do, however,
remain of the view that tightening up is required. While
the court will, understandably, be concerned to balance
the interests of justice arising in the case before it and, in
that regard, to consider all relevant facts, nonetheless the
overall approach of the courts, if unduly lax, has the
potential to create injustice by delay across a whole range
of cases whose facts may never come to be considered by
a judge, but whose progress is adversely affected by a
culture of delay.
3.14 It is next necessary to turn to the test by reference to
which proceedings may be dismissed, even in the absence
of fault, as a result of the inherent jurisdiction of the court.
4.
Unfairness The Test
4.1 That there is a separate line of authority suggesting

that there are circumstances in which proceedings can be

dismissed for delay, even though there is no culpability on
the part of the plaintiff concerned, cannot doubted. Those
authorities were analysed by Gilligan J. in his judgment in
this case between pp.40 and 45. Towards the end of p.45
Gilligan J. concluded, correctly in my view, that, whilst in
some of the cases there was something of a conflation
between arguments relying on prejudice caused by
inordinate and inexcusable delay, on the one hand, and
simple unfairness, on the other hand, there remains a
separate jurisdiction in the court to dismiss if there is a
real prospect that the defendant will not be able to have a
fair trial or that it would be unfair to require the defendant
to meet the case after such a long delay.
4.2 For the reasons which I addressed in my judgment in
Kennedy v. D.P.P. [2012] IESC 34 (although that case was
concerned with prohibition in the criminal context), I am
concerned to ensure that proceedings should be tried on
the merits in all cases where no blame can lie on the party
bringing the proceedings (plaintiff or prosecutor) save
where there is a high degree of assurance that the
relevant defendant will not be able to get a fair trial or will
suffer serious unfairness. Nevertheless, for reasons which
will become apparent, it does not seem to me that the
facts of this case demonstrate the sort of prejudice or
impairment to the Minister in the conduct of his defence
which would meet the test in any of the ways in which it
has been characterised in the jurisprudence. This case is
not, therefore and as should become clear in the course of
this judgment, one in which it is necessary to address with
some precision the precise test which is to be applied in
dismissing a case where there is no blameworthy delay on
the part of the plaintiff.
4.3 However, I should make one general observation. It
seems to me that the threshold which must be
surmounted to justify the dismissal of proceedings where
there is no culpable delay on the part of the plaintiff must
necessarily be more onerous than that which applies in
the case of culpable delay. If the thresholds were the same
then the jurisprudence on delay in such cases would be

meaningless for the level of impairment in the ability to

present a defence which would have to be shown would be
the same whether there was or was not culpable delay.
Furthermore, a test which made it easier to dismiss
proceedings where there was no culpable delay would be
illogical. It follows, in my view, that whatever approach is
adopted to the dismissal of cases where no culpable delay
is established, it must, necessarily, require that a higher
threshold be met. The rationale behind the existence of
two separate bases for dismissal is that there will be some
cases where the degree of unfairness to a defendant
(whether because of severe impairment in the ability to
mount a defence or other factors) may be so great the
even a blameless plaintiff may have to suffer their
proceedings being dismissed.
4.4 Having dealt with the relevant tests I now turn to a
consideration of whether the Minister is entitled to have
both of these proceedings dismissed for inordinate and
inexcusable delay in accordance with the jurisprudence to
which I have referred.
5.
Delay
5.1 As pointed out earlier, the first leg of the relevant
test is as to whether a plaintiff can be said to have been
guilty of inordinate and inexcusable delay. There was no
question but that Persona, Comcast and the other
plaintiffs (collectively "Persona and Comcast") were guilty
of inordinate delay. Neither plaintiff contested that
allegation. It is, indeed, impossible to see how any contest
could have been raised. The delay between the issuing of
the relevant proceedings and the filing of the statements
of claim was of the order of five years. Delays of much
shorter periods have been found to represent inordinate
delay. Even in complicated cases, where the formulation of
a detailed statement of claim would undoubtedly take
some time, delays of a fraction of five years have been
considered inordinate.
5.2 In addition it is clear from cases such as Birkett v.
James [1977] 2 All E.R. 801 (as adopted in both the High
Court and this court in Stephens v. Paul Flynn Limited) that
a party who starts their proceedings late, while within the

relevant period provided for in the Statute of Limitations,

bears an added burden of progressing their proceedings
with expedition. The point is that the period within which
proceedings have to be commenced is laid down by
statute. It is not for the courts to second guess the choice
of period provided for by the Oireachtas. However, the
courts role in ensuring a fair and just resolution of
proceedings requires that all reasonable steps are taken to
ensure that the gap between the events which are the
subject of a trial and the trial itself is no longer than might
be considered reasonable in the context of the limitation
period provided for by the Oireachtas for that type of
claim. Therefore, where a claim is started promptly, some
greater degree of latitude may be allowed as to its pace of
progress (everything else being equal) compared with a
claim which is brought just as the limitation period is
about to run out so that the period from cause of action to
trial is going to be lengthy in any event. As noted in the
judgment of Hardiman J., these proceedings were
commenced at the very extremity of the limitation period
and would, therefore, have been required to have been
progressed with extra expedition. The fact that the
respective proceedings were served at the limit of the
period allowed by the rules for service and thus well
outside the limitation period only adds to that
requirement. Inordinate delay is, therefore, clear.
5.3 Whether the first leg of the test is met, therefore,
turns on whether the undoubtedly inordinate delay which
occurred can also be said to be inexcusable. Both Persona
and Comcast rely on substantially the same and single
excuse. It is said that it was necessary to await
developments at the Moriarty Tribunal in order that the
respective claims could be properly formulated and
pleaded at all. In those circumstances it is said that, in the
very unusual situation which arose in this case, an
undoubtedly inordinate delay is excusable.
5.4 The first leg of the test, therefore, turns on whether
that explanation provides an adequate excuse for the
delay in question.

5.5 Before going on to deal with that issue it seems to

me to be appropriate to make a number of observations.
First, there is the question of covert wrongdoing. In many
cases a plaintiff wishing to pursue civil proceedings will,
either of that party's own knowledge, or with the
assistance of known witnesses of fact or experts whom
that party can employ, have sufficient information
available to it to be able to plead their case. Persons
injured in accidents, whether on the roads or in the
workplace, will normally be able to give a reasonable
account of how the accident occurred such that their
lawyers can formulate a claim on their behalf in
negligence if that be stateable. Likewise, experts such as
engineers or doctors can be employed to provide
necessary detail if required. Similarly, parties aggrieved, in
the commercial context, with those with whom they have
contractual relations will normally, from their own
knowledge, be able to specify the terms of any relevant
contract and, at least generally, be able to set out any
alleged breaches and their consequences. It may, of
course, be the case that such parties will require the aid of
procedural measures such as discovery or interrogatories
in order to be able to present their case to its best
advantage at trial. Evidence or lines of inquiry may be
suggested which may lead to a stronger case. However, it
would be rare in such cases that the party would not be
able to formulate their claim in any meaningful way.
5.6 However, different considerations may well arise
(although not necessarily in all cases) where an allegation
is made of covert wrongdoing. The problem with covert
wrongdoing is, of course, that it is covert. A person who
suffers from covert wrongdoing may have little or no direct
knowledge of the wrongdoing. In some, perhaps many,
cases a party may entertain a suspicion of, for example,
fraudulent or anti-competitive behaviour which is said to
have operated to their detriment. However, a suspicion
that could lead to no more than a vague generalised
allegation could not provide a proper basis for
commencing proceedings. As was noted in discussion
between the court and counsel during the appeals in this
case, it will often be as a result of some event over which

an aggrieved party had no control or influence that

information may become available such as would allow
such a party to turn a mere suspicion of covert
wrongdoing into a stateable allegation. Inquiries by public
authorities (including prosecution authorities) may
sometimes provide the necessary detail. Whistleblowers
may bring information into the public domain. A party may
chance upon some useful material capable of turning a
suspicion into an allegation. The important point to
emphasise is that persons who wish to make an allegation
of covert wrongdoing will inevitably face difficulties in
being able to formulate a claim. It seems to me that all
due allowance needs to be made for that fact in assessing
cases where delay is alleged in claims of covert
wrongdoing.
5.7 That being said, the difficulties which such parties
may encounter cannot be allowed to be an excuse for
procedural inaction. It is equally the case that persons
facing the kind of serious allegations which are frequently
at the heart of covert wrongdoing claims are just as
entitled as any other party facing a serious allegation to
have the allegation concerned heard and determined in a
timely manner. A party bringing a claim for covert
wrongdoing cannot just sit on its hands and hope that
something will turn up. Such a party is obliged to take all
reasonable steps to progress their claim. However, the
speed at which the claim progresses must be judged,
provided that all reasonable steps are taken, against the
backdrop that it may, nonetheless, be difficult to progress
such a claim in as expeditious a way as the type of claim
where most of the information necessary for the
formulation of the claim in question will be available to the
claimant.
5.8 Second, it seems to me that a party, who wishes to
adopt what might, in ordinary circumstances, be
considered to be an unorthodox approach to litigation
(such as by putting the proceedings on hold pending some
event), is required to, at a minimum, place on record with
all other parties to the litigation, that that course of action
is being adopted. It does not seem to me that it is

legitimate for a party to adopt an unorthodox approach to

litigation on a unilateral basis. Indeed, it was the failure of
the plaintiff in Desmond v. M.G.N. to inform the defendant
that it was intended to await developments at the Moriarty
Tribunal that led this court to view the explanation given
as not being sufficient to excuse the delay in question.
While Desmond v. M.G.N. and this case involved a party
who was in the unusual circumstances of electing to await
developments at a public tribunal of inquiry, it seems to
me that the overall principle is more far-reaching. A party
who is likely to have to spend a much longer period than
might ordinarily and reasonably be expected in preparing
court documents or in preparing to take an important step
in proceedings (such as serving a notice of trial or
certifying the case as being ready) because of delays
being encountered in, for example, procuring expert
reports, has, in my view, an obligation to bring those
difficulties to the attention of all other parties.
5.9 In different contexts it has often been said that
litigation is a two-way process. However, it seems to me
that all parties are entitled contemporaneously to
reasonable disclosure of an intention to adopt an
unorthodox approach which is likely to lead to a delay of a
significant variety in the progress of litigation. It seems to
me that much greater weight ought legitimately be placed
on explanations which are tendered contemporaneously
thus affording other parties a reasonable opportunity to
take whatever steps may be considered appropriate in the
event that it is considered that the proposed unorthodox
course of action is not justifiable. Unorthodox action
signalled contemporaneously and not contested at the
time is likely to be more readily accepted by the court as
providing an excuse than the same action taken
unilaterally and only referred to after the event as
retrospectively providing an explanation.
5.10 Against that backdrop it is necessary to turn to the
facts of these cases. In that context there is a slight
difference between the respective plaintiffs. I will deal with
that difference in due course. However, as pointed out, the
broad excuse tendered is the same. It is accepted that the

proceedings were only issued at the last minute so as to

ensure that the Statute of Limitations did not run. Both
plaintiffs seemed to suggest that suspicions about the
integrity of the licence awarding process were held from
the beginning. However, it does not seem on the evidence
currently before the court that those suspicions could have
matured into anything more than a mere suspicion until
certain matters came into the public domain in the period
immediately prior to the expiry of the limitation period.
One such matter was a newspaper report which suggested
that a company which formed part of the winning
consortium had made a significant party political donation
at or around the time when the licence process was afoot.
The second, and it would appear connected, development
was the announcement by the Moriarty Tribunal that it
intended to inquire into the award of the GSM licence. On
the evidence currently available it does not seem to me to
be unfair to characterise those events as being ones which
could reasonably cause a mere suspicion to mature into an
at least stateable allegation.
5.11 However, at the time both proceedings commenced it
does not seem to me that either plaintiff would have had
available to it anything remotely like sufficient information
to formulate a detailed statement of claim. It is in that
context that both Persona and Comcast say that it was
legitimate for them to await developments at the Moriarty
Tribunal so as to place them in a position where they
would be able to formulate a statement of claim. At the
level of principle it seems to me that Persona and Comcast
are correct in that regard. The allegation made is of highly
covert activity. There was no reasonable basis on which
either Person or Comcast could have been expected to
have had sufficient information to formulate a statement
of claim in any meaningful way at the time their
respective proceedings were issued. There is, in my view,
a significant difference between having sufficient
information to justify issuing proceedings in circumstances
which would not amount to an abuse of process, on the
one hand, and having sufficient information to be able to
formulate a claim in a detailed way, on the other.

5.12 Against that general proposition, however, the

Minister makes a number of arguments. It is said that
there were courses of action available to both Persona and
Comcast which could, and it is said should, have been
adopted in the light of the undoubted obligation which
rested on Persona and Comcast, having regard to their
very late commencement of proceedings, to progress with
all possible expedition.
5.13 First, it is said that pre-statement of claim discovery
of documents could have been sought. While there are,
undoubtedly, circumstances in which the court has a
jurisdiction to depart from the normal procedure of
allowing discovery only when the issues between the
parties have been knit by the exchange of pleadings, I am
not convinced on the facts of this case that pre-statement
of claim discovery could have appeared to Comcast or
Persona as being likely to supply them with the necessary
information to formulate their claims. Doubtless any
documents held by the Department of Public Enterprise,
arising out of the award process, could have been sought.
However, the key information concerning the very serious
allegations of wrongdoing, which are at the heart of these
proceedings, involved a money trail. One should, of
course, avoid over-reliance on hindsight. Nevertheless, it
is clear that establishing the series of transactions which,
in the view of the Moriarty Tribunal, demonstrated monies
being paid to Mr. Lowry, involved a significant degree of
forensic disclosure from financial institutions and others
with the benefit of the significant powers of compellability
which are available to a tribunal of inquiry. Even without
the benefit of that hindsight it seems to me that it was not
unreasonable for Persona and Comcast to conclude that
discovery was unlikely to produce the necessary detail and
that it was much more likely that any such detail would, if
it existed, become available through the tribunal.
5.14 The second and third matters relied on by the
Minister are the suggestions that Persona and Comcast
could have either applied to the court to stay their own
proceedings pending developments at the Moriarty
Tribunal or, alternatively, ought at least to have indicated

to the Minister that it was their intention to "park" the

proceedings pending such developments at the Moriarty
Tribunal and thus enabling the Minister to take whatever
action might have been considered appropriate in those
circumstances.
5.15 It seems to me that both of those factors can be
considered together. It is true that there have been come
cases (such as Doe v. Armour Pharmaceutical Company
Inc. [1994] 3 I.R. 78) where the court has allowed a
plaintiff to put its own proceedings on hold (by granting a
stay). However, most of those cases involved parties who
had other proceedings in being (perhaps in another
jurisdiction) which it was suggested ought to be decided
first or where a challenge existed to the entitlement of
another jurisdiction to determine certain issues and where
the Irish proceedings were a fallback to preserve the
plaintiff's position in the event that the challenge to the
foreign court's jurisdiction was successful. None of the
cases cited in argument came close to the circumstances
which existed in these cases. However, that leads to the
third point. Whether or not Persona and Comcast could
have been proactive and sought to stay their own
proceedings, I am satisfied, for the reasons already
analysed, that it is not appropriate for a party to take the
unorthodox step of, in effect, "parking" proceedings
without at least making some attempt to raise that
question with the other parties to the relevant litigation.
Subject to one matter which arises only in the context of
the Persona proceedings, no attempt so to do was made
by either plaintiff in these proceedings. This is an issue to
which I will return.
5.16 Finally, attention is drawn by the Minister to the fact
that, long before the statements of claim in these
proceedings were filed, counsel on behalf of the Moriarty
Tribunal had, as is the normal practice, given a lengthy
opening statement at the commencement of the module
of the tribunal which was concerned with the award of the
GSM licence. On that basis it is said that, at least from that
time, there was significant information available to both
plaintiffs which would have allowed the formulation of a

statement of claim in, it is said, much the same form as

the statements of claim which were ultimately filed. It is in
that context appropriate to note that, in reality, the
statements of claim only came to be filed when motions
were brought which had the effect of compelling the
delivery of statements of claim on risk of the respective
proceedings being struck out. I will also return to this
issue.
5.17 It seems to me that there is some substance to the
State's argument under the latter two headings just
referred to.
5.18 In that context, it is, however, important to note
three countervailing factors which have some influence on
an overall assessment of those issues. First, attention was
drawn to the fact that a warning letter was sent by the
Minister to the solicitors for Persona which gave a period
of 21 days within which to file a statement of claim in
default of which an application to "strike out these
proceedings for want of prosecution" was threatened. The
statement of claim in those proceedings was, in fact, filed
within that period of 21 days.
5.19 There are two express provisions to be found in the
rules which allow for an application to dismiss for want of
prosecution. The more general provision is to be found in
O.122, r.11 which says the following:"[] In any cause or matter in which there has been no
proceeding for two years from the last proceeding had, the
defendant may apply to the court to dismiss the same for
want of prosecution, and on the hearing of such
application the Court may order the cause or matter to be
dismissed accordingly or may make such order and on
such terms as to the Court may seem just.[]"
5.20 A more specific provision is found in O.27 which
applies in circumstances where a statement of claim is not
filed in the time required by the rules and where, in cases
such as those with which this judgment is concerned and
involving a claim for unliquidated damages in contract or
tort, the moving party is required to write a preliminary

letter which offers an extension of time.

5.21 It may be that it is also possible to invoke the courts
inherent jurisdiction to dismiss in the case of inordinate
and inexcusable delay even in cases which are not
governed by the two specific rules to which reference has
been made. In that context it is relevant to note paras. 1573 of Delaney and McGrath Civil Procedure in the Superior
Courts (3rd Edition Thomson Round Hall 2012) and the
reference therein to the decision of this court in Collins v
Dublin Bus (Unrep., Supreme Court, Murphy J., 22nd
October, 1999).
5.22 Under the rules, therefore, a claim to dismiss for
want of prosecution arises either where the statement of
claim is not filed on time, in which case an opportunity to
file within 21 days must be given, or where there has been
no action for two years. In the latter case no offer of an
extension of time need be made. An application to dismiss
for inordinate and inexcusable delay may also arise under
the court's inherent jurisdiction in other circumstances.
5.23 It is clear, therefore, that the Minister had a number
of options available to him. It is certainly the case that the
Minister could have moved under O.122 for it is clear that
a period of much more than two years had elapsed with no
proceeding. It may also be that the Minister could also
have moved under the inherent jurisdiction. It is
interesting to note that the motion brought by the Minister
in the Persona proceedings seeks, in the alternative, an
order "pursuant to the inherent jurisdiction of this
Honourable Court dismissing the within proceedings as
against the defendants for delay and/or want of
prosecution" and an order "pursuant to the inherent
jurisdiction of this Honourable Court dismissing the within
proceedings as against the defendants in the interests of
justice". No specific provision of the Rules of Court is
referred to. It is not clear, therefore, as to whether the
Minister actually considered that he was proceeding under
O.27. Certainly the fact that a warning letter of the type
that is required, by the rules, to be sent in advance of
making an application to dismiss for want of prosecution
under O.27 was written. However, be that as it may, it is

clear that the Minister had a number of options open to

him at the time when it was decided to write to Persona.
Even if the Minister considered moving under O.27 (which
would, as has been pointed out, have required the writing
of a letter extending time for 21 days) the Minister could
have chosen an alternative means of action.
5.24 It seems to me that O.27 r.1 and r.1A are primarily
designed as a method of speeding up proceedings even
though the form of the order which may ultimately be
sought, is to dismiss for want of prosecution. That
situation is analogous to that which now pertains under
O.27 r. 8 where, in the cases to which that rule applies, a
plaintiff is required to write a similar letter extending time
for defence prior to initiating a motion for judgment in
default of defence. While the ultimate order which would
be sought in the absence of the defence being filed within
the extended period granted by the letter is an order for
judgment nonetheless the primary purpose of the order is
to provide a mechanism whereby the filing of a defence
may be speeded up rather than the proceedings brought
to an end.
5.25 There can be little doubt, therefore, that by choosing
to write a letter extending time (whether because of a
desire to move under O.27 or otherwise) the Minister
would have conveyed the impression to Persona that he
was more concerned with ensuring that the proceedings
were now moved along after a period of inaction rather
than that the Minister desired to bring the proceedings to
an end. While it does not seem to me that such an action
on the part of the Minister creates a formal estoppel
preventing the Minister from thereafter moving to dismiss
(in the absence of further significant delay) and while I
would not go so far as McKechnie J. in treating the
Minister's actions as an abuse sufficient to debar the
Minister from seeking to have the Persona proceedings
dismissed, nonetheless the choice by the Minister to write
the letter extending time seems to me to be a factor to
which some very significant weight must be attached
insofar as Persona is concerned for it would reasonably
have conveyed to Persona that the Minister was not then

contemplating the dismissal of the proceedings for delay.

Persona acted on that understanding to its detriment by
incurring the costs of preparing and serving the statement
of claim. It seems to me that that situation also needs to
be taken into account in assessing the next factor on
which Persona places reliance.
5.26 The second factor relied on by Persona is a
conversation deposed to in the affidavits filed which is
said to have occurred, at the tribunal, between a member
of the solicitors firm representing Persona and a solicitor in
the Chief State Solicitor's Office who was involved in
representing State interests at the Moriarty Tribunal. It
does not appear that there is any evidence denying that
such a conversation took place. On that basis it seems
that the court must, on the evidence, conclude that there
was a conversation in which it was intimated on behalf of
Persona that the Persona proceedings would not be
progressing pending developments at the tribunal and
that no objection to that course of action was intimated on
behalf of the Minister either then or subsequently.
5.27 It seems to me that too great a weight cannot be
attached to what was a relatively informal conversation
which occurred while both solicitors happened to be
present at the tribunal. In order to properly comply with
the obligation to keep all other parties informed of any
proposed unorthodox conduct of proceedings (on the basis
of the analysis which I have earlier conducted) it seems to
me that something more formal than that casual
conversation was required. Nonetheless, it seems to me
that the fact of that conversation can be taken into
account in the overall assessment of excusability. In
addition, it seems to me that it would have been
reasonable for Persona, on receiving the relevant
correspondence extending time for filing a statement of
claim by 21 days, to have assumed that the Minister had
broadly accepted inaction up to that point in time, but
then wished the proceedings to progress.
5.28 Finally, attention was drawn to the fact that, when a
senior official of Persona was giving evidence before the

tribunal, counsel for the Minister put it to him that the

tribunal was being used as a "stalking horse" for the
proceedings; thus indicating, indirectly at least, an implicit
knowledge of the plaintiffs intended course on the part of
the Minister.
5.29 Taking all three factors together it seems to me that
the Minister must, at least in a general way, have been
aware of the fact that the respective plaintiffs (certainly in
the case of Persona and, by implication, it would follow
that of Comcast also) were awaiting developments at the
Moriarty Tribunal before progressing their claim.
5.30 It is next necessary to turn to the point made on
behalf of the Minister to the effect that, whatever might
have been the situation when the proceedings were
issued, at least from the time when the opening statement
on the GSM licence module was made by counsel for the
tribunal, both plaintiffs had sufficient information available
to formulate a statement of claim. It is again important not
to view matters with the benefit of hindsight. However, it
does need to be noted that it is in the nature of tribunals,
conducted as they are in an inquisitorial manner, that
developments are likely to occur as the hearings progress.
Developments of some materiality to the issues which
arise in both of these proceedings did in fact occur. While
it is unnecessary to set it out in detail, certain payments
alleged to have been routed to Mr. Lowry by Mr. O'Brien
through the English football club Doncaster Rovers were
the subject of developments at the tribunal which, in fact,
post-dated the time when the statements of claim in these
proceedings were filed. In that context it is said that there
may well be applications to amend the proceedings to
include further allegations based on what were said to be
the revelations made in that regard at the Moriarty
Tribunal. I express no view on whether such an
amendment could or should be allowed.
5.31 However, that fact does show that it was not
unrealistic to anticipate that there might be developments
as the proceedings at the tribunal continued. In fairness to
Persona and Comcast it does also need to be noted that it

was anticipated at the time when the module concerning

the GSM licence commenced that the tribunal would
complete the hearing of evidence on that module in a
relatively short period of time. As we all know that turned
out not to be the case. However, a decision to await
developments needs to be seen in the context both of the
likelihood that such developments might well occur and
the fact that it was anticipated that all relevant
information would be available in a relatively short period
of time. In that context I agree with the views of Hardiman
J. that there could be no basis for awaiting the result of the
tribunal itself. The views expressed by a tribunal may be of
considerable public importance. However, those views
could have no bearing on civil proceedings. It follows that,
while the parties might, undoubtedly, be very interested
to hear the conclusions of the tribunal, those conclusions
could have no effect on civil proceedings and therefore
awaiting the result of the tribunal's findings could not
provide any justification for delaying the progress of civil
proceedings. What is, at least in general terms, potentially
justified, is waiting to see what information may become
available through the exercise by the tribunal of its powers
of compellability. Any such waiting would necessarily only
justify delay up to the conclusion of the evidence hearing
process for, after that time, there could be no reasonable
expectation of any further material developments which
could have a bearing on the proceedings.
5.32 While it might be said that Persona and Comcast did,
when counsel for the tribunal's opening statement had
been completed, have a significant factual basis which
ought to have allowed a statement of claim to be
formulated in both cases, there does seem to me to be
some merit in the point made in response by counsel for
both plaintiffs. It was said that it was reasonable to
anticipate, given the fluid nature of tribunals, that there
would be developments. For the reasons already set out, I
am satisfied that that is a reasonable position to take.
However, counsel went further and suggested that if, as
the Minister argued, a statement of claim should have
been filed soon after the opening statement, there was a
very real likelihood that that statement of claim would

need to have been reassessed from time to time in the

light of developments at the tribunal (leading, in all
likelihood, to a number of amendments to the statements
of claim) and that, in those circumstances, it was
reasonable to await developments during the module
concerned with the GSM licence so as to be able to
formulate the claim in as comprehensive a fashion as
possible. In that context both counsel responded to the
point made on behalf of the State, to the effect that the
statements of claim may still need to be amended, by
drawing attention to the fact that both plaintiffs were
placed in a position where they had to file the best
statement of claim that they could or else face their
respective proceedings being dismissed. All in all I am
satisfied that it was not unreasonable for Persona and
Comcast to seek to await as many developments of the
Moriarty Tribunal, relative to their proceedings, as they
could before filing a statement of claim. However, it seems
to me that the point made against both Persona and
Comcast, which accuses both of having taken unilateral
action in that regard without putting the Minister on
notice, applies equally to the excuse tendered for failing to
file a statement of claim after the opening statement as it
does to the general excuse tendered for delay.
5.33 Taking all of those factors together, the matter which
causes me most concern is the fact that neither Persona
nor Comcast took any formal steps to inform the Minister
that it was their intention to, in effect, "park" the
proceedings pending developments at the Moriarty
Tribunal. By not adopting that formal position, it seems to
me that the Minister was, at least to some extent,
prejudiced by being deprived of the opportunity of taking
advice on, and taking whatever steps might be advised in
relation to, the situation which would then have become
clear. For that reason it does not seem to me that it can
properly be said that the delay in these cases is fully
excusable.
5.34 However, in assessing the extent to which delay
might nonetheless be blameworthy it seems to me that
the court must take into account the fact that, in the

context of an allegation of covert wrongdoing where a

public tribunal with significant powers of compellability
was conducting a highly relevant investigation, it was, at
least in general terms, reasonable to await developments.
It is the failure to make sufficiently clear that that course
of action was being adopted that leads me to conclude
that the delay is not fully excusable. For the reasons
already analysed I am not satisfied that pre-statement of
claim discovery could reasonably have been seen by
either plaintiff as being likely to provide the information
necessary to produce a statement of claim on the facts of
this case. In addition, while some reasonable detail must
have been available to both plaintiffs as soon as counsel's
opening statement at the tribunal had been made, it was
not, again at the level of principle, unreasonable to wait
for what then seemed likely to be a relatively short period
of time, to ascertain whether further information might
come out. The only real criticism that can be made of both
plaintiffs in that context was that it would, perhaps, have
been more prudent, as it became clear that the relevant
module was going to take a lot longer than was first
anticipated, to again adopt the formal position that the
statement of claim was to await further potential
developments at the tribunal, thus enabling the Minister to
take whatever action it might consider appropriate in the
light of that position being adopted. Finally, for the
reasons already analysed, I am satisfied that the Minister
must have been, at least in general terms, aware, despite
the fact that neither Persona nor Comcast had formally
notified it of the fact, that the proceedings were being
parked pending the developments of the Moriarty Tribunal.
5.35 In all those circumstances it seems to me that it is
appropriate to characterise this case as one where the
explanations given by both plaintiffs go some significant
way towards providing an excuse but do not render the
delay fully excusable in all the circumstances. In that
context it is, therefore, necessary to turn to the balance of
justice.
6
The Balance of Justice
6.1 On the facts of this case it seems to me that the
starting point for consideration of where the balance of

justice lies must be to give all proper recognition to the

fact that the delay in question, while inordinate, was, for
the reasons already analysed, in my view, significantly,
although not completely, excusable. In addition to that
factor, the issues which are raised in these proceedings
involve questions of high public interest. While that fact is
not, of itself, decisive, it does seem to me that some
significant weight needs to be attached to it. A definitive
ruling by a court of competent jurisdiction on the serious
questions of fact which lie at the heart of the allegations in
both of these cases is a matter to which appropriate
weight should be attached.
6.2 In all cases where the court has to consider the
balance of justice the extent of any prejudice to the
defendant caused by delay needs to be assessed. In that
context it is important to note that the Minister did not put
forward any claim to specific prejudice in the form of
absent witnesses or missing documentation. The Minister
sought solely to rely on the undoubted general prejudice
that may arise when any proceedings are conducted a
very long time after the events under scrutiny. It was in
that context that Gilligan J. characterised the State's
prejudice as moderate.
6.3 While one should not become overly enmeshed in
terminology on degree such as "mild", "moderate",
"severe" or "extreme", I would, respectfully, disagree with
Gilligan J. and would instead characterise the prejudice
established on behalf of the Minister in this case as being
mild. A number of factors need to be taken into account.
At least so far as many of the issues which are likely to
arise in these proceedings at trial are concerned, this case
can be regarded as a so-called "documents" case, where
there are contemporary records of much of the matters
which will require to be addressed in evidence. It is, of
course, the case that this is not a pure "documents" case
where the issues turn on the construction of documents
and where oral testimony is likely to be of only marginal
relevance. In such cases prejudice caused by delay will be
non-existent or extremely remote. However, the
availability of contemporary records will, in my view, at

least so far as a lot of the issues likely to arise are

concerned, minimise any risk of prejudice.
6.4 There are, it has to be said, some issues which are
likely to arise (if one takes into account the matters which
influenced the views of the Moriarty Tribunal and which
are, subject to appropriate evidence being capable of
being led, likely to figure at the trial of these respective
proceedings) which are not reflected in contemporary
documents. In that context counsel for the Minister drew
attention to a passage from my judgment in Stephens v.
Flynn Limited where, at p.13, I said the following:"He has not, however, been able to point to any specific
witness who is no longer available. It must also be taken
into account that there are, apparently, statements of the
relevant witnesses to the events of the 5th December,
1995 taken by the Garda on the occasion in question.
That being said an issue as to the credibility of witnesses
(which will almost certainly arise) will be all the more
difficult of resolution where those witnesses are being
asked to recollect matters that occurred so long ago. While
the prejudice may not be quite as great as the Defendant
contends for I am satisfied that it will nonetheless be of
some significance."
6.5 Based on that passage, it is said that, while the fact
that almost all of the witnesses likely to be called in these
proceedings will have made statements to the Moriarty
Tribunal in which they will have recorded their accounts is
a matter to which some weight can be given, it does not
displace the prejudice that may arise when the court is
called upon to assess the credibility of those witnesses.
The reasoning behind that passage from Stephens v. Flynn
Limited is that experience tells that a court, when faced
with having to choose between the accounts of two or
more witnesses and in the absence of contemporary
objective or forensic evidence which may give a clear
indication as to which account should be preferred, will
often have to base an assessment of the evidence on the
court's impression of both the truthfulness and accuracy of
the recollection of the witnesses concerned. In at least
some cases the choice may be difficult. In that context

little things can matter. Against that background, while the

fact that parties may, a long time ago, have made a
witness statement, which may provide some, but not too
great, assistance for the court in forming its impression of
the truthfulness of witnesses; ultimately the courts
assessment may turn on their ability to describe aspects
of the events not recorded in their witness statements.
6.6 However, the circumstances of this case are almost
unique. Not only have all (or almost all) likely witnesses
given careful written statements to the Moriarty Tribunal,
those witnesses have been the subject of exhaustive cross
examination on behalf of many interested parties and,
indeed, on examination by the tribunal itself. Thus any
likely points of detail on which the credibility of witnesses
might turn, even if not included in the relevant witnesses'
written statements to the tribunal, are likely to have
already been explored in oral testimony. That is not to say
that some further nuanced questions might not arise at a
trial of these proceedings. However, because the relevant
evidence has not only been recorded in writing but also
tested by cross-examination, it seems to me that the
likelihood of prejudice is significantly reduced.
6.7 Having regard, therefore, to the significant, although
not complete, excusability of the delay, to the significant
public interest in having these matters of high public
controversy determined in a court of law, and to the mild
level of any prejudice, I am satisfied that the balance of
justice in this case falls in favour of allowing the
proceedings to continue. I have come to that view despite
applying a stricter approach to excusability and the
balance of justice which, for the reasons already analysed,
I am satisfied is appropriate. However, it bears repeating
that the facts of this case are truly unique.
6.8 Having reached those conclusions it is necessary to
turn briefly to the second leg of the case made on behalf
of the Minister which was to the effect that the
proceedings should be dismissed, even in the absence of
any culpable delay, because of the real risk of an unfair
trial.
7
Risk of an Unfair Trial

7.1 Irrespective of whatever threshold might be

appropriate (and for the reasons already analysed it may
be that a somewhat higher threshold than that identified
in the existing jurisprudence might need to be considered
in an appropriate case) I am satisfied that the Minister has
failed to establish a sufficient risk of an unfair trial.
7.2 For the reasons already analysed I am satisfied that it
is appropriate to characterise the likely prejudice or
impairment to the Minister in the conduct of its defence as
being mild. While it is true that it is likely that the trial of
these proceedings will take place the best part of 20 years
after most of the events which will be under scrutiny,
nonetheless there are a whole series of unique factors
which render the conduct of such a trial nonetheless
unlikely to be unfair. For those reasons, it seems to me,
the second leg of the State's application must also fail.
8
Conclusions
8.1 For the reasons set out, I am, therefore, satisfied that
there was inordinate delay which, although significantly
excused, was not fully excusable. On that basis it is
necessary to consider the balance of justice. For the
reasons set out I am satisfied that that balance favours
the continuance of these proceedings.
8.2 Likewise I am satisfied that the Minister has failed to
establish the sort of impairment to his ability to conduct a
defence of these proceedings, or, indeed, any other delayinduced unfairness, such as would warrant the dismissal of
the proceedings even if there were no culpable delay.
8.3 It is for those reasons that I support the ruling
already given to allow the appeals in both cases and
substitute an order dismissing the Minister's application on
each of the notices of motion before the court.

THE SUPREME COURT

[Appeal No: 213/2007]

Denham C.J.
Hardiman J.
Fennelly J.
McKechnie J.
Clarke J.
Between/
Persona Digital Telephony Limited and Sigma Wireless
Networks Limited
Plaintiffs/Appellants
and
The Minister for Public Enterprise, Ireland and the Attorney
General
Defendants/Respondents
THE SUPREME COURT
[Appeals Nos: 215/2007 and 216/2007]

Between/
Comcast International Incorporated, Declan Ganley,
Ganley International Limited and GCI Limited
Plaintiffs/Appellants
and
The Minister for Public Enterprise, Michael Lowry, Esat
Telecommunications Limited, Denis O'Brien, Ireland and
the Attorney General
Defendants/Respondents
Judgment of Mr. Justice Clarke delivered the 17th of
October, 2012.
1
Introduction
1.1 The events surrounding the award of a GSM mobile
telephone licence by the Minister for Public Enterprise in

1995 have been a matter of very significant public

controversy for well over a decade now. Those events
have been the subject of investigation by, and the report
of, what is commonly referred to as the Moriarty Tribunal.
As is widely known Esat Telecommunications Limited
("Esat"), the third named defendant in the proceedings
brought by Comcast International Incorporated along with
three other parties (collectively "Comcast", and the
"Comcast proceedings" respectively), was successful in
the competition which led to the grant of the licence in
question. Comcast was one of its losing competitors.
Likewise the first named plaintiff in the other proceedings
which are the subject of these appeals, Persona Digital
Telephony Limited, who is joined by a co-plaintiff in its
action (collectively "Persona" and the "Persona
proceedings" respectively), was another unsuccessful
competitor. Comcast, Persona and the other plaintiffs have
initiated these proceedings with a view, amongst other
things, to seeking damages arising out of what was said to
have been misfeasance of public office, deceit and fraud in
the way in which that competition was conducted.
1.2 It can, I think, be said that if the allegations which are
made in these proceedings, and which formed the subject
of the findings of the Moriarty Tribunal, were to be
established in a court of competent jurisdiction, they
would amount to amongst the most serious factual
determinations made by a court in this jurisdiction since
the foundation of the State. The allegations involve the
assertion that the second named defendant in the
Comcast proceedings ("Mr. Lowry"), who held the office of
Minister for Public Enterprise at the time of the
competition, was paid money by the fourth named
defendant in the Comcast proceedings ("Mr. O'Brien") in
order to influence the competition. It is alleged that such
monies were paid both directly and indirectly and that Mr.
Lowry, as Minister, did, in return for those monies, actually
influence the competition in order to procure that Esat
should win.
1.3 However, this court is not now concerned with the
substance of those allegations. In circumstances to which

it will be necessary to refer in due course, the first named

defendant in both proceedings (the Minister) applied to
the High Court to dismiss both the Comcast and the
Persona proceedings for want of prosecution, delay and on
the basis of the court's inherent jurisdiction to dismiss
proceedings when there is a serious risk that any trial
would be unfair. Those applications came on for hearing
before Gilligan J. who made the order sought on behalf of
the Minister in both proceedings. It should be noted that
the non-State parties in the Comcast proceedings,
namely Mr. Lowry, Esat and Mr. OBrien, did not participate
in the Ministers application. Comcast, Persona and their
associated plaintiffs separately appealed to this court
against the judgment and order of Gilligan J.. This court
has already ruled that the appeals be allowed and that the
order dismissing both proceedings be reversed. I support
the decision of this court in that regard. However, it was
indicated that reasons would be given at a later date. This
judgment is directed to the issues which arise on those
appeals and to my reasons for supporting the ruling of this
court. The backdrop to these appeals is the sequence of
events giving rise to both proceedings and the progress of
those proceedings once commenced. As much of the
relevant factual background is dealt with in other
judgments I will turn only briefly to the history of relevant
events.
2
The History of Events
2.1 There are detailed accounts of the facts to be found
in the judgments of Denham C.J., Hardiman J. and
McKechnie J. Those judgments set out a full account of the
proceedings and their, admittedly limited, procedural
history. Background facts are also set out. In addition there
is an analysis of the progress of the Moriarty Tribunal
insofar as it dealt with the issues concerning the award of
the GSM licence. In those circumstances it is unnecessary
to repeat those accounts in this judgment.
2.2 However, there are a few additional facts which are,
in my view, of some limited relevance to the issues which
require to be determined in these appeals. Those facts will
be dealt with as they arise in the context of a discussion of
the issues debated on this appeal.

2.3 Against that background it is necessary to turn to the

test by reference to which the court ought to consider
whether to dismiss civil proceedings on the basis of delay,
on the one hand, or in furtherance of its inherent
jurisdiction to ensure a fair trial, on the other hand; it
being recalled that the Minister sought the dismissal of
both of these proceedings on both of those grounds and
that Gilligan J. acceded to the Minister's application in both
cases on both grounds. I turn first to the test applicable
where it is sought to dismiss proceedings for delay.
3.
Dismissal For Delay The Test
3.1 In one sense it can be said that the overall approach
is well settled. In Desmond v M.G.N. Limited [2009] 1 I.R.
737, at p.749, Macken J. (who was part of the majority of
this court in that case) adopted the tests which I had
mentioned in Stephens v. Flynn Limited [2005] IEHC 148
being:"1. ascertain whether the delay in question is inordinate
and inexcusable; and
2.
if it is so established the court must decide where the
balance of justice lies."
3.2 In formulating the test in that way I had followed a
long line of authority stretching back to the decisions of
this court in Rainsford v. Limerick Corporation [1995] 2
I.L.R.M. 561 and Primor plc v. Stokes Kennedy Crowley
[1996] 2 I.R. 459. I did not understand counsel on either
side of these appeals to suggest that those tests were not
the applicable tests. In addition I do not understand any of
the recent jurisprudence in this area to question that those
tests represent the appropriate questions to be considered
by the court.
3.3. However, it does have to be accepted that there has
been what might, at a minimum, be considered to have
been a difference of emphasis apparent from certain
recent judgments in both this court and in the High Court,
as to the manner in which those tests should be applied
and in particular whether there was to be, as I put it in
Stephens v. Flynn Limited, a re-calibration or as others
have described it, a tightening up, in the application of

those tests.
3.4 That recent jurisprudence goes back to the judgment
of Hardiman J. in this court in Gilroy v. Flynn [2005] 1
I.L.R.M. 290. That judgment suggested that the courts had
become ever more conscious of the unfairness of, and
increased possibility of injustice which attached to,
allowing an action which depends on witness testimony to
proceed a considerable time after the cause of action had
accrued. The judgment also noted the decisions of the
European Court of Human Rights ("the ECtHR"), in cases
such as McMullen v. Ireland (Application no. 42297/98,
29th July, 2004) [2004] ECHR 42297/98, and the
obligation, independent of the actions of the parties, on
the courts to ensure that civil litigation is determined
within a reasonable time. Hardiman J. also noted then
recent changes in the Rules of the Superior Courts which
appear to place a greater obligation on the courts not to
excuse, save in special circumstances, repeated
procedural failures on the part of litigants.
3.5 Relying on those matters I expressed the view in
Stephens v. Flynn, in a passage immediately after that
setting out the tests approved of by Macken J. in
Desmond, that:"[I]t seems to me that for the reasons set out by the
Supreme Court in Gilroy the calibration of the weight to be
attached to various factors in the assessment of the
balance of justice and, indeed, the length of time which
might be considered to give rise to an inordinate delay or
the matters which might go to excuse such delay are
issues which may need to be significantly re-assessed and
adjusted in the light of the conditions now prevailing.
Delay which would have been tolerated may now be
regarded as inordinate. Excuses which sufficed may no
longer be accepted. The balance of justice may be tilted in
favour of imposing greater obligation of expedition and
against requiring the same level of prejudice as
heretofore."
3.6 That reasoning was upheld by this court in an appeal
in Stephens v. Paul Flynn Limited [2008] 4 I.R. 31.

3.7 However, the need for recalibration or tightening up

was questioned to some extent in Desmond where
Geoghegan J. (also part of the majority) indicated that he
was not convinced that it was necessary to revisit the
principles set out in Primor and Rainsford.
3.8 In the light of the, at least potentially, conflicting
jurisprudence on the question of whether there ought
properly be a re-calibration or tightening up of the criteria
by reference to which the actions or inactions of parties
might be judged, I suggested an overall approach in
Rodenhuis and Verloop B.V. v. HDS Energy Ltd. [2011] 1
I.R. 611, at pp.616-617, in these terms:"As long as it remains the case that the procedure in this
jurisdiction is left largely in the hands of the parties, then
it follows that the pace at which litigation will progress will
be highly dependent on the initiative shown by those
parties. To the extent that it becomes clear that parties
will be significantly indulged even though they engage in
delay, then that fact is only likely to encourage delay. If
parties feel they can get away with it, and if that feeling is
justified by the response of the courts, then there is likely
to be more delay. It seems to me, therefore, that it is
necessary, in a system where the initiative is left largely
up to the parties to progress proceedings, for the courts to
make clear that there will not be an excessive indulgence
of delay, because if the courts do not make that clear, it
follows that the courts actions will encourage delay and,
thus, will encourage a situation where cases will not be
completed within the sort of times which would be
consistent with compliance with Irelands obligations
under the European Convention on Human Rights.
As I pointed out it is correct to say that there is no
jurisprudence of the [ECtHR] dealing with the
circumstances in which proceedings must be dismissed for
delay. However, it does seem to me that if the courts in a
common law jurisdiction, and in the absence of case
management for any particular category of case, to use
the words of Hardiman J., endlessly indulge delay then
that fact is only likely to increase delay and increase a
failure to comply with Irelands Convention obligations. It

seems to me that that analysis justifies the view which I

expressed in [Stephens] (and which was approved of by
the division of the Supreme Court which heard the appeal
in that case) which was to the effect that there needed to
be a tightening up or recalibration of the application of the
long established principles in the delay jurisprudence,
without altering the tests to be applied.
For those reasons it seems to me that the tightening up to
which I referred in Stephens is an appropriate course of
action for the courts to adopt. It does not seem to me that
there is any clear or authoritative view from the Supreme
Court which would bind me to take a different view. I
therefore propose to apply the test which I identified in
[Stephens] and which was approved of by Macken J.,
speaking for the majority in [Desmond], but with the
tightening up to which I referred in the very next
paragraph of my judgment in [Stephens]."
3.9 I see no reason to depart from the views which I
expressed in Roddenhuis. The overall test remains the
same. That has been the consistent position adopted in all
the cases. However, it seems to me that the factors first
identified by Hardiman J. in Gilroy do require that the
application of that test be approached on a significantly
less indulgent basis than heretofore.
3.10 However, I should express my agreement with a
number of the observations made on this question by
McKechnie J. in his judgment in this case. First, I agree
fully with the comments made by reference to Guerin v.
Guerin [1993] I.L.R.M. 243. The circumstances of the
parties and, in particular, any disparity in the resources
available to the parties must always be a factor which the
court takes into account. The degree of expedition and
compliance with time limits which could properly be
expected of large corporations involved in commercial
disputes cannot reasonably be required of poorly
resourced or otherwise disadvantaged litigants who may
have to resort for representation to small law firms
frequently accepting instructions without any guarantee of
payment. Any legitimate tightening up must give all due
consideration to the difficulties with which such parties are

faced in progressing litigation which can, in many cases,

be of significant importance to the party concerned.
3.11 Second, I agree with the views expressed by
McKechnie J. as to the need to apply any heightened
standards of expedition to defendants as well. If the true
rationale for a tightening up is the need for a more timeconscious regime to ensure that proceedings are
determined in a timely fashion, then it follows that the
need for such a regime places obligations on defendants
as well. The problem with which courts in a common law
system is faced is that, in the absence of active judicial
case management, the pace at which litigation is to
progress is left largely in the hands of the parties. While
active case management has been introduced in certain
categories of cases in recent times, it may not be
practicable to provide such case management in all cases.
Indeed a high level of (costly) management may not be
suitable for all types of cases and in all circumstances.
There will, therefore, remain cases where the pace of
litigation does lie, to a significant extent, in the hands of
the parties. But, as McKechnie J. points out, that fact
places obligations on defendants as well. The Rules of
Court provide various mechanisms which allow a
defendant, who is concerned by the slow pace of litigation,
to seek to have the process accelerated. A defendant who
does not avail of those procedures is, in my view, in a
different position from a defendant who has sought to
speed up the process but has been frustrated in that
endeavour by a failure on the part of the relevant plaintiff
to respond reasonably.
3.12 Finally, I would also agree with McKechnie J. that,
while a gold standard of practice must always be striven
for, it would be unjust to regard a party who, in all the
circumstances, had acted with reasonable expedition, as
having been guilty of inordinate delay simply because the
standards of expedition demonstrated do not measure up
to the very highest standards of best practice.
3.13 With those observations in mind I do, however,
remain of the view that tightening up is required. While

the court will, understandably, be concerned to balance

the interests of justice arising in the case before it and, in
that regard, to consider all relevant facts, nonetheless the
overall approach of the courts, if unduly lax, has the
potential to create injustice by delay across a whole range
of cases whose facts may never come to be considered by
a judge, but whose progress is adversely affected by a
culture of delay.
3.14 It is next necessary to turn to the test by reference to
which proceedings may be dismissed, even in the absence
of fault, as a result of the inherent jurisdiction of the court.
4.
Unfairness The Test
4.1 That there is a separate line of authority suggesting
that there are circumstances in which proceedings can be
dismissed for delay, even though there is no culpability on
the part of the plaintiff concerned, cannot doubted. Those
authorities were analysed by Gilligan J. in his judgment in
this case between pp.40 and 45. Towards the end of p.45
Gilligan J. concluded, correctly in my view, that, whilst in
some of the cases there was something of a conflation
between arguments relying on prejudice caused by
inordinate and inexcusable delay, on the one hand, and
simple unfairness, on the other hand, there remains a
separate jurisdiction in the court to dismiss if there is a
real prospect that the defendant will not be able to have a
fair trial or that it would be unfair to require the defendant
to meet the case after such a long delay.
4.2 For the reasons which I addressed in my judgment in
Kennedy v. D.P.P. [2012] IESC 34 (although that case was
concerned with prohibition in the criminal context), I am
concerned to ensure that proceedings should be tried on
the merits in all cases where no blame can lie on the party
bringing the proceedings (plaintiff or prosecutor) save
where there is a high degree of assurance that the
relevant defendant will not be able to get a fair trial or will
suffer serious unfairness. Nevertheless, for reasons which
will become apparent, it does not seem to me that the
facts of this case demonstrate the sort of prejudice or
impairment to the Minister in the conduct of his defence
which would meet the test in any of the ways in which it

has been characterised in the jurisprudence. This case is

not, therefore and as should become clear in the course of
this judgment, one in which it is necessary to address with
some precision the precise test which is to be applied in
dismissing a case where there is no blameworthy delay on
the part of the plaintiff.
4.3 However, I should make one general observation. It
seems to me that the threshold which must be
surmounted to justify the dismissal of proceedings where
there is no culpable delay on the part of the plaintiff must
necessarily be more onerous than that which applies in
the case of culpable delay. If the thresholds were the same
then the jurisprudence on delay in such cases would be
meaningless for the level of impairment in the ability to
present a defence which would have to be shown would be
the same whether there was or was not culpable delay.
Furthermore, a test which made it easier to dismiss
proceedings where there was no culpable delay would be
illogical. It follows, in my view, that whatever approach is
adopted to the dismissal of cases where no culpable delay
is established, it must, necessarily, require that a higher
threshold be met. The rationale behind the existence of
two separate bases for dismissal is that there will be some
cases where the degree of unfairness to a defendant
(whether because of severe impairment in the ability to
mount a defence or other factors) may be so great the
even a blameless plaintiff may have to suffer their
proceedings being dismissed.
4.4 Having dealt with the relevant tests I now turn to a
consideration of whether the Minister is entitled to have
both of these proceedings dismissed for inordinate and
inexcusable delay in accordance with the jurisprudence to
which I have referred.
5.
Delay
5.1 As pointed out earlier, the first leg of the relevant
test is as to whether a plaintiff can be said to have been
guilty of inordinate and inexcusable delay. There was no
question but that Persona, Comcast and the other
plaintiffs (collectively "Persona and Comcast") were guilty
of inordinate delay. Neither plaintiff contested that

allegation. It is, indeed, impossible to see how any contest

could have been raised. The delay between the issuing of
the relevant proceedings and the filing of the statements
of claim was of the order of five years. Delays of much
shorter periods have been found to represent inordinate
delay. Even in complicated cases, where the formulation of
a detailed statement of claim would undoubtedly take
some time, delays of a fraction of five years have been
considered inordinate.
5.2 In addition it is clear from cases such as Birkett v.
James [1977] 2 All E.R. 801 (as adopted in both the High
Court and this court in Stephens v. Paul Flynn Limited) that
a party who starts their proceedings late, while within the
relevant period provided for in the Statute of Limitations,
bears an added burden of progressing their proceedings
with expedition. The point is that the period within which
proceedings have to be commenced is laid down by
statute. It is not for the courts to second guess the choice
of period provided for by the Oireachtas. However, the
courts role in ensuring a fair and just resolution of
proceedings requires that all reasonable steps are taken to
ensure that the gap between the events which are the
subject of a trial and the trial itself is no longer than might
be considered reasonable in the context of the limitation
period provided for by the Oireachtas for that type of
claim. Therefore, where a claim is started promptly, some
greater degree of latitude may be allowed as to its pace of
progress (everything else being equal) compared with a
claim which is brought just as the limitation period is
about to run out so that the period from cause of action to
trial is going to be lengthy in any event. As noted in the
judgment of Hardiman J., these proceedings were
commenced at the very extremity of the limitation period
and would, therefore, have been required to have been
progressed with extra expedition. The fact that the
respective proceedings were served at the limit of the
period allowed by the rules for service and thus well
outside the limitation period only adds to that
requirement. Inordinate delay is, therefore, clear.
5.3 Whether the first leg of the test is met, therefore,

turns on whether the undoubtedly inordinate delay which

occurred can also be said to be inexcusable. Both Persona
and Comcast rely on substantially the same and single
excuse. It is said that it was necessary to await
developments at the Moriarty Tribunal in order that the
respective claims could be properly formulated and
pleaded at all. In those circumstances it is said that, in the
very unusual situation which arose in this case, an
undoubtedly inordinate delay is excusable.
5.4 The first leg of the test, therefore, turns on whether
that explanation provides an adequate excuse for the
delay in question.
5.5 Before going on to deal with that issue it seems to
me to be appropriate to make a number of observations.
First, there is the question of covert wrongdoing. In many
cases a plaintiff wishing to pursue civil proceedings will,
either of that party's own knowledge, or with the
assistance of known witnesses of fact or experts whom
that party can employ, have sufficient information
available to it to be able to plead their case. Persons
injured in accidents, whether on the roads or in the
workplace, will normally be able to give a reasonable
account of how the accident occurred such that their
lawyers can formulate a claim on their behalf in
negligence if that be stateable. Likewise, experts such as
engineers or doctors can be employed to provide
necessary detail if required. Similarly, parties aggrieved, in
the commercial context, with those with whom they have
contractual relations will normally, from their own
knowledge, be able to specify the terms of any relevant
contract and, at least generally, be able to set out any
alleged breaches and their consequences. It may, of
course, be the case that such parties will require the aid of
procedural measures such as discovery or interrogatories
in order to be able to present their case to its best
advantage at trial. Evidence or lines of inquiry may be
suggested which may lead to a stronger case. However, it
would be rare in such cases that the party would not be
able to formulate their claim in any meaningful way.

5.6 However, different considerations may well arise

(although not necessarily in all cases) where an allegation
is made of covert wrongdoing. The problem with covert
wrongdoing is, of course, that it is covert. A person who
suffers from covert wrongdoing may have little or no direct
knowledge of the wrongdoing. In some, perhaps many,
cases a party may entertain a suspicion of, for example,
fraudulent or anti-competitive behaviour which is said to
have operated to their detriment. However, a suspicion
that could lead to no more than a vague generalised
allegation could not provide a proper basis for
commencing proceedings. As was noted in discussion
between the court and counsel during the appeals in this
case, it will often be as a result of some event over which
an aggrieved party had no control or influence that
information may become available such as would allow
such a party to turn a mere suspicion of covert
wrongdoing into a stateable allegation. Inquiries by public
authorities (including prosecution authorities) may
sometimes provide the necessary detail. Whistleblowers
may bring information into the public domain. A party may
chance upon some useful material capable of turning a
suspicion into an allegation. The important point to
emphasise is that persons who wish to make an allegation
of covert wrongdoing will inevitably face difficulties in
being able to formulate a claim. It seems to me that all
due allowance needs to be made for that fact in assessing
cases where delay is alleged in claims of covert
wrongdoing.
5.7 That being said, the difficulties which such parties
may encounter cannot be allowed to be an excuse for
procedural inaction. It is equally the case that persons
facing the kind of serious allegations which are frequently
at the heart of covert wrongdoing claims are just as
entitled as any other party facing a serious allegation to
have the allegation concerned heard and determined in a
timely manner. A party bringing a claim for covert
wrongdoing cannot just sit on its hands and hope that
something will turn up. Such a party is obliged to take all
reasonable steps to progress their claim. However, the
speed at which the claim progresses must be judged,

provided that all reasonable steps are taken, against the

backdrop that it may, nonetheless, be difficult to progress
such a claim in as expeditious a way as the type of claim
where most of the information necessary for the
formulation of the claim in question will be available to the
claimant.
5.8 Second, it seems to me that a party, who wishes to
adopt what might, in ordinary circumstances, be
considered to be an unorthodox approach to litigation
(such as by putting the proceedings on hold pending some
event), is required to, at a minimum, place on record with
all other parties to the litigation, that that course of action
is being adopted. It does not seem to me that it is
legitimate for a party to adopt an unorthodox approach to
litigation on a unilateral basis. Indeed, it was the failure of
the plaintiff in Desmond v. M.G.N. to inform the defendant
that it was intended to await developments at the Moriarty
Tribunal that led this court to view the explanation given
as not being sufficient to excuse the delay in question.
While Desmond v. M.G.N. and this case involved a party
who was in the unusual circumstances of electing to await
developments at a public tribunal of inquiry, it seems to
me that the overall principle is more far-reaching. A party
who is likely to have to spend a much longer period than
might ordinarily and reasonably be expected in preparing
court documents or in preparing to take an important step
in proceedings (such as serving a notice of trial or
certifying the case as being ready) because of delays
being encountered in, for example, procuring expert
reports, has, in my view, an obligation to bring those
difficulties to the attention of all other parties.
5.9 In different contexts it has often been said that
litigation is a two-way process. However, it seems to me
that all parties are entitled contemporaneously to
reasonable disclosure of an intention to adopt an
unorthodox approach which is likely to lead to a delay of a
significant variety in the progress of litigation. It seems to
me that much greater weight ought legitimately be placed
on explanations which are tendered contemporaneously
thus affording other parties a reasonable opportunity to

take whatever steps may be considered appropriate in the

event that it is considered that the proposed unorthodox
course of action is not justifiable. Unorthodox action
signalled contemporaneously and not contested at the
time is likely to be more readily accepted by the court as
providing an excuse than the same action taken
unilaterally and only referred to after the event as
retrospectively providing an explanation.
5.10 Against that backdrop it is necessary to turn to the
facts of these cases. In that context there is a slight
difference between the respective plaintiffs. I will deal with
that difference in due course. However, as pointed out, the
broad excuse tendered is the same. It is accepted that the
proceedings were only issued at the last minute so as to
ensure that the Statute of Limitations did not run. Both
plaintiffs seemed to suggest that suspicions about the
integrity of the licence awarding process were held from
the beginning. However, it does not seem on the evidence
currently before the court that those suspicions could have
matured into anything more than a mere suspicion until
certain matters came into the public domain in the period
immediately prior to the expiry of the limitation period.
One such matter was a newspaper report which suggested
that a company which formed part of the winning
consortium had made a significant party political donation
at or around the time when the licence process was afoot.
The second, and it would appear connected, development
was the announcement by the Moriarty Tribunal that it
intended to inquire into the award of the GSM licence. On
the evidence currently available it does not seem to me to
be unfair to characterise those events as being ones which
could reasonably cause a mere suspicion to mature into an
at least stateable allegation.
5.11 However, at the time both proceedings commenced it
does not seem to me that either plaintiff would have had
available to it anything remotely like sufficient information
to formulate a detailed statement of claim. It is in that
context that both Persona and Comcast say that it was
legitimate for them to await developments at the Moriarty
Tribunal so as to place them in a position where they

would be able to formulate a statement of claim. At the

level of principle it seems to me that Persona and Comcast
are correct in that regard. The allegation made is of highly
covert activity. There was no reasonable basis on which
either Person or Comcast could have been expected to
have had sufficient information to formulate a statement
of claim in any meaningful way at the time their
respective proceedings were issued. There is, in my view,
a significant difference between having sufficient
information to justify issuing proceedings in circumstances
which would not amount to an abuse of process, on the
one hand, and having sufficient information to be able to
formulate a claim in a detailed way, on the other.
5.12 Against that general proposition, however, the
Minister makes a number of arguments. It is said that
there were courses of action available to both Persona and
Comcast which could, and it is said should, have been
adopted in the light of the undoubted obligation which
rested on Persona and Comcast, having regard to their
very late commencement of proceedings, to progress with
all possible expedition.
5.13 First, it is said that pre-statement of claim discovery
of documents could have been sought. While there are,
undoubtedly, circumstances in which the court has a
jurisdiction to depart from the normal procedure of
allowing discovery only when the issues between the
parties have been knit by the exchange of pleadings, I am
not convinced on the facts of this case that pre-statement
of claim discovery could have appeared to Comcast or
Persona as being likely to supply them with the necessary
information to formulate their claims. Doubtless any
documents held by the Department of Public Enterprise,
arising out of the award process, could have been sought.
However, the key information concerning the very serious
allegations of wrongdoing, which are at the heart of these
proceedings, involved a money trail. One should, of
course, avoid over-reliance on hindsight. Nevertheless, it
is clear that establishing the series of transactions which,
in the view of the Moriarty Tribunal, demonstrated monies
being paid to Mr. Lowry, involved a significant degree of

forensic disclosure from financial institutions and others

with the benefit of the significant powers of compellability
which are available to a tribunal of inquiry. Even without
the benefit of that hindsight it seems to me that it was not
unreasonable for Persona and Comcast to conclude that
discovery was unlikely to produce the necessary detail and
that it was much more likely that any such detail would, if
it existed, become available through the tribunal.
5.14 The second and third matters relied on by the
Minister are the suggestions that Persona and Comcast
could have either applied to the court to stay their own
proceedings pending developments at the Moriarty
Tribunal or, alternatively, ought at least to have indicated
to the Minister that it was their intention to "park" the
proceedings pending such developments at the Moriarty
Tribunal and thus enabling the Minister to take whatever
action might have been considered appropriate in those
circumstances.
5.15 It seems to me that both of those factors can be
considered together. It is true that there have been come
cases (such as Doe v. Armour Pharmaceutical Company
Inc. [1994] 3 I.R. 78) where the court has allowed a
plaintiff to put its own proceedings on hold (by granting a
stay). However, most of those cases involved parties who
had other proceedings in being (perhaps in another
jurisdiction) which it was suggested ought to be decided
first or where a challenge existed to the entitlement of
another jurisdiction to determine certain issues and where
the Irish proceedings were a fallback to preserve the
plaintiff's position in the event that the challenge to the
foreign court's jurisdiction was successful. None of the
cases cited in argument came close to the circumstances
which existed in these cases. However, that leads to the
third point. Whether or not Persona and Comcast could
have been proactive and sought to stay their own
proceedings, I am satisfied, for the reasons already
analysed, that it is not appropriate for a party to take the
unorthodox step of, in effect, "parking" proceedings
without at least making some attempt to raise that
question with the other parties to the relevant litigation.

Subject to one matter which arises only in the context of

the Persona proceedings, no attempt so to do was made
by either plaintiff in these proceedings. This is an issue to
which I will return.
5.16 Finally, attention is drawn by the Minister to the fact
that, long before the statements of claim in these
proceedings were filed, counsel on behalf of the Moriarty
Tribunal had, as is the normal practice, given a lengthy
opening statement at the commencement of the module
of the tribunal which was concerned with the award of the
GSM licence. On that basis it is said that, at least from that
time, there was significant information available to both
plaintiffs which would have allowed the formulation of a
statement of claim in, it is said, much the same form as
the statements of claim which were ultimately filed. It is in
that context appropriate to note that, in reality, the
statements of claim only came to be filed when motions
were brought which had the effect of compelling the
delivery of statements of claim on risk of the respective
proceedings being struck out. I will also return to this
issue.
5.17 It seems to me that there is some substance to the
State's argument under the latter two headings just
referred to.
5.18 In that context, it is, however, important to note
three countervailing factors which have some influence on
an overall assessment of those issues. First, attention was
drawn to the fact that a warning letter was sent by the
Minister to the solicitors for Persona which gave a period
of 21 days within which to file a statement of claim in
default of which an application to "strike out these
proceedings for want of prosecution" was threatened. The
statement of claim in those proceedings was, in fact, filed
within that period of 21 days.
5.19 There are two express provisions to be found in the
rules which allow for an application to dismiss for want of
prosecution. The more general provision is to be found in
O.122, r.11 which says the following:-

"[] In any cause or matter in which there has been no

proceeding for two years from the last proceeding had, the
defendant may apply to the court to dismiss the same for
want of prosecution, and on the hearing of such
application the Court may order the cause or matter to be
dismissed accordingly or may make such order and on
such terms as to the Court may seem just.[]"
5.20 A more specific provision is found in O.27 which
applies in circumstances where a statement of claim is not
filed in the time required by the rules and where, in cases
such as those with which this judgment is concerned and
involving a claim for unliquidated damages in contract or
tort, the moving party is required to write a preliminary
letter which offers an extension of time.
5.21 It may be that it is also possible to invoke the courts
inherent jurisdiction to dismiss in the case of inordinate
and inexcusable delay even in cases which are not
governed by the two specific rules to which reference has
been made. In that context it is relevant to note paras. 1573 of Delaney and McGrath Civil Procedure in the Superior
Courts (3rd Edition Thomson Round Hall 2012) and the
reference therein to the decision of this court in Collins v
Dublin Bus (Unrep., Supreme Court, Murphy J., 22nd
October, 1999).
5.22 Under the rules, therefore, a claim to dismiss for
want of prosecution arises either where the statement of
claim is not filed on time, in which case an opportunity to
file within 21 days must be given, or where there has been
no action for two years. In the latter case no offer of an
extension of time need be made. An application to dismiss
for inordinate and inexcusable delay may also arise under
the court's inherent jurisdiction in other circumstances.
5.23 It is clear, therefore, that the Minister had a number
of options available to him. It is certainly the case that the
Minister could have moved under O.122 for it is clear that
a period of much more than two years had elapsed with no
proceeding. It may also be that the Minister could also
have moved under the inherent jurisdiction. It is
interesting to note that the motion brought by the Minister

in the Persona proceedings seeks, in the alternative, an

order "pursuant to the inherent jurisdiction of this
Honourable Court dismissing the within proceedings as
against the defendants for delay and/or want of
prosecution" and an order "pursuant to the inherent
jurisdiction of this Honourable Court dismissing the within
proceedings as against the defendants in the interests of
justice". No specific provision of the Rules of Court is
referred to. It is not clear, therefore, as to whether the
Minister actually considered that he was proceeding under
O.27. Certainly the fact that a warning letter of the type
that is required, by the rules, to be sent in advance of
making an application to dismiss for want of prosecution
under O.27 was written. However, be that as it may, it is
clear that the Minister had a number of options open to
him at the time when it was decided to write to Persona.
Even if the Minister considered moving under O.27 (which
would, as has been pointed out, have required the writing
of a letter extending time for 21 days) the Minister could
have chosen an alternative means of action.
5.24 It seems to me that O.27 r.1 and r.1A are primarily
designed as a method of speeding up proceedings even
though the form of the order which may ultimately be
sought, is to dismiss for want of prosecution. That
situation is analogous to that which now pertains under
O.27 r. 8 where, in the cases to which that rule applies, a
plaintiff is required to write a similar letter extending time
for defence prior to initiating a motion for judgment in
default of defence. While the ultimate order which would
be sought in the absence of the defence being filed within
the extended period granted by the letter is an order for
judgment nonetheless the primary purpose of the order is
to provide a mechanism whereby the filing of a defence
may be speeded up rather than the proceedings brought
to an end.
5.25 There can be little doubt, therefore, that by choosing
to write a letter extending time (whether because of a
desire to move under O.27 or otherwise) the Minister
would have conveyed the impression to Persona that he
was more concerned with ensuring that the proceedings

were now moved along after a period of inaction rather

than that the Minister desired to bring the proceedings to
an end. While it does not seem to me that such an action
on the part of the Minister creates a formal estoppel
preventing the Minister from thereafter moving to dismiss
(in the absence of further significant delay) and while I
would not go so far as McKechnie J. in treating the
Minister's actions as an abuse sufficient to debar the
Minister from seeking to have the Persona proceedings
dismissed, nonetheless the choice by the Minister to write
the letter extending time seems to me to be a factor to
which some very significant weight must be attached
insofar as Persona is concerned for it would reasonably
have conveyed to Persona that the Minister was not then
contemplating the dismissal of the proceedings for delay.
Persona acted on that understanding to its detriment by
incurring the costs of preparing and serving the statement
of claim. It seems to me that that situation also needs to
be taken into account in assessing the next factor on
which Persona places reliance.
5.26 The second factor relied on by Persona is a
conversation deposed to in the affidavits filed which is
said to have occurred, at the tribunal, between a member
of the solicitors firm representing Persona and a solicitor in
the Chief State Solicitor's Office who was involved in
representing State interests at the Moriarty Tribunal. It
does not appear that there is any evidence denying that
such a conversation took place. On that basis it seems
that the court must, on the evidence, conclude that there
was a conversation in which it was intimated on behalf of
Persona that the Persona proceedings would not be
progressing pending developments at the tribunal and
that no objection to that course of action was intimated on
behalf of the Minister either then or subsequently.
5.27 It seems to me that too great a weight cannot be
attached to what was a relatively informal conversation
which occurred while both solicitors happened to be
present at the tribunal. In order to properly comply with
the obligation to keep all other parties informed of any
proposed unorthodox conduct of proceedings (on the basis

of the analysis which I have earlier conducted) it seems to

me that something more formal than that casual
conversation was required. Nonetheless, it seems to me
that the fact of that conversation can be taken into
account in the overall assessment of excusability. In
addition, it seems to me that it would have been
reasonable for Persona, on receiving the relevant
correspondence extending time for filing a statement of
claim by 21 days, to have assumed that the Minister had
broadly accepted inaction up to that point in time, but
then wished the proceedings to progress.
5.28 Finally, attention was drawn to the fact that, when a
senior official of Persona was giving evidence before the
tribunal, counsel for the Minister put it to him that the
tribunal was being used as a "stalking horse" for the
proceedings; thus indicating, indirectly at least, an implicit
knowledge of the plaintiffs intended course on the part of
the Minister.
5.29 Taking all three factors together it seems to me that
the Minister must, at least in a general way, have been
aware of the fact that the respective plaintiffs (certainly in
the case of Persona and, by implication, it would follow
that of Comcast also) were awaiting developments at the
Moriarty Tribunal before progressing their claim.
5.30 It is next necessary to turn to the point made on
behalf of the Minister to the effect that, whatever might
have been the situation when the proceedings were
issued, at least from the time when the opening statement
on the GSM licence module was made by counsel for the
tribunal, both plaintiffs had sufficient information available
to formulate a statement of claim. It is again important not
to view matters with the benefit of hindsight. However, it
does need to be noted that it is in the nature of tribunals,
conducted as they are in an inquisitorial manner, that
developments are likely to occur as the hearings progress.
Developments of some materiality to the issues which
arise in both of these proceedings did in fact occur. While
it is unnecessary to set it out in detail, certain payments
alleged to have been routed to Mr. Lowry by Mr. O'Brien

through the English football club Doncaster Rovers were

the subject of developments at the tribunal which, in fact,
post-dated the time when the statements of claim in these
proceedings were filed. In that context it is said that there
may well be applications to amend the proceedings to
include further allegations based on what were said to be
the revelations made in that regard at the Moriarty
Tribunal. I express no view on whether such an
amendment could or should be allowed.
5.31 However, that fact does show that it was not
unrealistic to anticipate that there might be developments
as the proceedings at the tribunal continued. In fairness to
Persona and Comcast it does also need to be noted that it
was anticipated at the time when the module concerning
the GSM licence commenced that the tribunal would
complete the hearing of evidence on that module in a
relatively short period of time. As we all know that turned
out not to be the case. However, a decision to await
developments needs to be seen in the context both of the
likelihood that such developments might well occur and
the fact that it was anticipated that all relevant
information would be available in a relatively short period
of time. In that context I agree with the views of Hardiman
J. that there could be no basis for awaiting the result of the
tribunal itself. The views expressed by a tribunal may be of
considerable public importance. However, those views
could have no bearing on civil proceedings. It follows that,
while the parties might, undoubtedly, be very interested
to hear the conclusions of the tribunal, those conclusions
could have no effect on civil proceedings and therefore
awaiting the result of the tribunal's findings could not
provide any justification for delaying the progress of civil
proceedings. What is, at least in general terms, potentially
justified, is waiting to see what information may become
available through the exercise by the tribunal of its powers
of compellability. Any such waiting would necessarily only
justify delay up to the conclusion of the evidence hearing
process for, after that time, there could be no reasonable
expectation of any further material developments which
could have a bearing on the proceedings.

5.32 While it might be said that Persona and Comcast did,

when counsel for the tribunal's opening statement had
been completed, have a significant factual basis which
ought to have allowed a statement of claim to be
formulated in both cases, there does seem to me to be
some merit in the point made in response by counsel for
both plaintiffs. It was said that it was reasonable to
anticipate, given the fluid nature of tribunals, that there
would be developments. For the reasons already set out, I
am satisfied that that is a reasonable position to take.
However, counsel went further and suggested that if, as
the Minister argued, a statement of claim should have
been filed soon after the opening statement, there was a
very real likelihood that that statement of claim would
need to have been reassessed from time to time in the
light of developments at the tribunal (leading, in all
likelihood, to a number of amendments to the statements
of claim) and that, in those circumstances, it was
reasonable to await developments during the module
concerned with the GSM licence so as to be able to
formulate the claim in as comprehensive a fashion as
possible. In that context both counsel responded to the
point made on behalf of the State, to the effect that the
statements of claim may still need to be amended, by
drawing attention to the fact that both plaintiffs were
placed in a position where they had to file the best
statement of claim that they could or else face their
respective proceedings being dismissed. All in all I am
satisfied that it was not unreasonable for Persona and
Comcast to seek to await as many developments of the
Moriarty Tribunal, relative to their proceedings, as they
could before filing a statement of claim. However, it seems
to me that the point made against both Persona and
Comcast, which accuses both of having taken unilateral
action in that regard without putting the Minister on
notice, applies equally to the excuse tendered for failing to
file a statement of claim after the opening statement as it
does to the general excuse tendered for delay.
5.33 Taking all of those factors together, the matter which
causes me most concern is the fact that neither Persona
nor Comcast took any formal steps to inform the Minister

that it was their intention to, in effect, "park" the

proceedings pending developments at the Moriarty
Tribunal. By not adopting that formal position, it seems to
me that the Minister was, at least to some extent,
prejudiced by being deprived of the opportunity of taking
advice on, and taking whatever steps might be advised in
relation to, the situation which would then have become
clear. For that reason it does not seem to me that it can
properly be said that the delay in these cases is fully
excusable.
5.34 However, in assessing the extent to which delay
might nonetheless be blameworthy it seems to me that
the court must take into account the fact that, in the
context of an allegation of covert wrongdoing where a
public tribunal with significant powers of compellability
was conducting a highly relevant investigation, it was, at
least in general terms, reasonable to await developments.
It is the failure to make sufficiently clear that that course
of action was being adopted that leads me to conclude
that the delay is not fully excusable. For the reasons
already analysed I am not satisfied that pre-statement of
claim discovery could reasonably have been seen by
either plaintiff as being likely to provide the information
necessary to produce a statement of claim on the facts of
this case. In addition, while some reasonable detail must
have been available to both plaintiffs as soon as counsel's
opening statement at the tribunal had been made, it was
not, again at the level of principle, unreasonable to wait
for what then seemed likely to be a relatively short period
of time, to ascertain whether further information might
come out. The only real criticism that can be made of both
plaintiffs in that context was that it would, perhaps, have
been more prudent, as it became clear that the relevant
module was going to take a lot longer than was first
anticipated, to again adopt the formal position that the
statement of claim was to await further potential
developments at the tribunal, thus enabling the Minister to
take whatever action it might consider appropriate in the
light of that position being adopted. Finally, for the
reasons already analysed, I am satisfied that the Minister
must have been, at least in general terms, aware, despite

the fact that neither Persona nor Comcast had formally

notified it of the fact, that the proceedings were being
parked pending the developments of the Moriarty Tribunal.
5.35 In all those circumstances it seems to me that it is
appropriate to characterise this case as one where the
explanations given by both plaintiffs go some significant
way towards providing an excuse but do not render the
delay fully excusable in all the circumstances. In that
context it is, therefore, necessary to turn to the balance of
justice.
6
The Balance of Justice
6.1 On the facts of this case it seems to me that the
starting point for consideration of where the balance of
justice lies must be to give all proper recognition to the
fact that the delay in question, while inordinate, was, for
the reasons already analysed, in my view, significantly,
although not completely, excusable. In addition to that
factor, the issues which are raised in these proceedings
involve questions of high public interest. While that fact is
not, of itself, decisive, it does seem to me that some
significant weight needs to be attached to it. A definitive
ruling by a court of competent jurisdiction on the serious
questions of fact which lie at the heart of the allegations in
both of these cases is a matter to which appropriate
weight should be attached.
6.2 In all cases where the court has to consider the
balance of justice the extent of any prejudice to the
defendant caused by delay needs to be assessed. In that
context it is important to note that the Minister did not put
forward any claim to specific prejudice in the form of
absent witnesses or missing documentation. The Minister
sought solely to rely on the undoubted general prejudice
that may arise when any proceedings are conducted a
very long time after the events under scrutiny. It was in
that context that Gilligan J. characterised the State's
prejudice as moderate.
6.3 While one should not become overly enmeshed in
terminology on degree such as "mild", "moderate",
"severe" or "extreme", I would, respectfully, disagree with

Gilligan J. and would instead characterise the prejudice

established on behalf of the Minister in this case as being
mild. A number of factors need to be taken into account.
At least so far as many of the issues which are likely to
arise in these proceedings at trial are concerned, this case
can be regarded as a so-called "documents" case, where
there are contemporary records of much of the matters
which will require to be addressed in evidence. It is, of
course, the case that this is not a pure "documents" case
where the issues turn on the construction of documents
and where oral testimony is likely to be of only marginal
relevance. In such cases prejudice caused by delay will be
non-existent or extremely remote. However, the
availability of contemporary records will, in my view, at
least so far as a lot of the issues likely to arise are
concerned, minimise any risk of prejudice.
6.4 There are, it has to be said, some issues which are
likely to arise (if one takes into account the matters which
influenced the views of the Moriarty Tribunal and which
are, subject to appropriate evidence being capable of
being led, likely to figure at the trial of these respective
proceedings) which are not reflected in contemporary
documents. In that context counsel for the Minister drew
attention to a passage from my judgment in Stephens v.
Flynn Limited where, at p.13, I said the following:"He has not, however, been able to point to any specific
witness who is no longer available. It must also be taken
into account that there are, apparently, statements of the
relevant witnesses to the events of the 5th December,
1995 taken by the Garda on the occasion in question.
That being said an issue as to the credibility of witnesses
(which will almost certainly arise) will be all the more
difficult of resolution where those witnesses are being
asked to recollect matters that occurred so long ago. While
the prejudice may not be quite as great as the Defendant
contends for I am satisfied that it will nonetheless be of
some significance."
6.5 Based on that passage, it is said that, while the fact
that almost all of the witnesses likely to be called in these
proceedings will have made statements to the Moriarty

Tribunal in which they will have recorded their accounts is

a matter to which some weight can be given, it does not
displace the prejudice that may arise when the court is
called upon to assess the credibility of those witnesses.
The reasoning behind that passage from Stephens v. Flynn
Limited is that experience tells that a court, when faced
with having to choose between the accounts of two or
more witnesses and in the absence of contemporary
objective or forensic evidence which may give a clear
indication as to which account should be preferred, will
often have to base an assessment of the evidence on the
court's impression of both the truthfulness and accuracy of
the recollection of the witnesses concerned. In at least
some cases the choice may be difficult. In that context
little things can matter. Against that background, while the
fact that parties may, a long time ago, have made a
witness statement, which may provide some, but not too
great, assistance for the court in forming its impression of
the truthfulness of witnesses; ultimately the courts
assessment may turn on their ability to describe aspects
of the events not recorded in their witness statements.
6.6 However, the circumstances of this case are almost
unique. Not only have all (or almost all) likely witnesses
given careful written statements to the Moriarty Tribunal,
those witnesses have been the subject of exhaustive cross
examination on behalf of many interested parties and,
indeed, on examination by the tribunal itself. Thus any
likely points of detail on which the credibility of witnesses
might turn, even if not included in the relevant witnesses'
written statements to the tribunal, are likely to have
already been explored in oral testimony. That is not to say
that some further nuanced questions might not arise at a
trial of these proceedings. However, because the relevant
evidence has not only been recorded in writing but also
tested by cross-examination, it seems to me that the
likelihood of prejudice is significantly reduced.
6.7 Having regard, therefore, to the significant, although
not complete, excusability of the delay, to the significant
public interest in having these matters of high public
controversy determined in a court of law, and to the mild
level of any prejudice, I am satisfied that the balance of

justice in this case falls in favour of allowing the

proceedings to continue. I have come to that view despite
applying a stricter approach to excusability and the
balance of justice which, for the reasons already analysed,
I am satisfied is appropriate. However, it bears repeating
that the facts of this case are truly unique.
6.8 Having reached those conclusions it is necessary to
turn briefly to the second leg of the case made on behalf
of the Minister which was to the effect that the
proceedings should be dismissed, even in the absence of
any culpable delay, because of the real risk of an unfair
trial.
7
Risk of an Unfair Trial
7.1 Irrespective of whatever threshold might be
appropriate (and for the reasons already analysed it may
be that a somewhat higher threshold than that identified
in the existing jurisprudence might need to be considered
in an appropriate case) I am satisfied that the Minister has
failed to establish a sufficient risk of an unfair trial.
7.2 For the reasons already analysed I am satisfied that it
is appropriate to characterise the likely prejudice or
impairment to the Minister in the conduct of its defence as
being mild. While it is true that it is likely that the trial of
these proceedings will take place the best part of 20 years
after most of the events which will be under scrutiny,
nonetheless there are a whole series of unique factors
which render the conduct of such a trial nonetheless
unlikely to be unfair. For those reasons, it seems to me,
the second leg of the State's application must also fail.
8
Conclusions
8.1 For the reasons set out, I am, therefore, satisfied that
there was inordinate delay which, although significantly
excused, was not fully excusable. On that basis it is
necessary to consider the balance of justice. For the
reasons set out I am satisfied that that balance favours
the continuance of these proceedings.
8.2 Likewise I am satisfied that the Minister has failed to
establish the sort of impairment to his ability to conduct a
defence of these proceedings, or, indeed, any other delay-

induced unfairness, such as would warrant the dismissal of

the proceedings even if there were no culpable delay.
8.3 It is for those reasons that I support the ruling
already given to allow the appeals in both cases and
substitute an order dismissing the Minister's application on
each of the notices of motion before the court.
http://www.supremecourt.ie/Judgments.nsf/1b0757edc371032e8025
72ea0061450e/0ab3899c0dd469d880257a9a0053a660?
OpenDocument

Chief Justice Susan Denham ruled that the balance of

justice is in favour of the case proceeding. She said she
came to the decision after taking a number of factors into
account, including the fact that these proceedings make
serious allegations of corruption by a Minister of the
Government
THE SUPREME COURT
Appeals No. 216, 215 and 213
Denham C.J.
Hardiman J.
Fennelly J.
McKechnie J.
Clarke J.
[High Court Record No. 2001 No. 9288P]

Between/
Comcast International Holdings Incorporated, Declan
Ganley, Ganley International Limited and GCI Limited
Plaintiffs/Appellants
and
Minister for Public Enterprise, Michael Lowry, Esat
Telecommunications Limited, Denis OBrien, Ireland, and
the Attorney General
Defendants/Respondents
[High Court Record No. 2001 No. 15119P]

Between/
Comcast International Holdings Incorporated, Declan
Ganley, Ganley International Limited and GCI Limited
Plaintiffs/Appellants
and
Minister for Public Enterprise, Michael Lowry, Esat
Telecommunications Limited, Denis OBrien, Ireland, and
the Attorney General
Defendants/Respondents
[High Court Record No. 2001 No. 9223P]

Between/
Persona Digital Telephony Limited, and Sigma Wireless
Networks Limited
Plaintiffs/Appellants
and
Minister for Public Enterprise, Ireland and the Attorney
General
Defendants/Respondents
Reasons delivered on the 17th day of October, 2012 by
Denham C.J.
1.
These three appeals were heard together by this
appellate court, as they had been heard together by the
High Court.
2.
The appeals were heard on the 10th, 11th and 12th
July, 2012.
3.

On the 17th July, 2012, the Court indicated that it

would allow the appeals and that reasons would be given

in October.
4.
In this judgment I deliver the reasons why I would
allow the appeals.
5.
These proceedings were commenced consequent to
the decision of the Minister for Public Enterprise,
hereinafter referred to as the Minister, made on the 25th
October, 1995, to award the second GSM mobile
telephone licence, hereinafter referred to as the licence,
to ESAT Telecommunications Limited, hereinafter referred
to as ESAT. On the 2nd March, 1995, the Minister had
announced a bid process for the licence. The deadline for
receipt of tenders was extended on the 16th June, 1995,
from the 23rd June, 1995, to the 4th August, 1995, and the
result of the competition was announced on the 25th
October, 1995.
Three sets of proceedings
6.
The three sets of proceedings were commenced as
follows:(i) In the first set of proceedings the plaintiffs/appellants,
referred to as Comcast, issued a plenary summons on
the 15th June, 2001, which was served on the 14th June,
2002. The first set of proceedings relate primarily to the
decision of the Minister on the 16th June, 1995, to extend
the deadline of the 23rd June, 1995, for the receipt of
tenders for the award of the licence. The proceedings seek
a declaration that the decision is null and void, and there
is a claim for damages for alleged breach of statutory
duty, misfeasance in public office, breach of or procuring a
breach of the Prevention of Corruption Act, 1906, fraud,
deceit, breach of duty and breach of contract. The
defendants/respondents, excluding the State
defendants/respondents, are referred to as the
respondents. The State defendants/respondents, who are
referred to as the State, entered an appearance on the
20th June, 2002. A statement of claim was delivered on
the 3rd June, 2005.
6. (ii) In the second set of proceedings serious allegations

were made by Comcast; primarily the cause of action and

the remedies sought are in relation to the decision of the
25th October, 1995. The plenary summons was issued on
the 10th October, 2001 and served on the 4th October,
2002. An appearance was entered on behalf of the State
on the 16th December, 2002. A statement of claim was
served on the 3rd June, 2005.
6. (iii) In the third set of proceedings a plenary summons
was issued by the plaintiffs/appellants, hereinafter referred
to as Persona, on the 15th June, 2001, which was served
on the 10th June, 2002. The summons claimed damages
(including exemplary damages) for misfeasance in public
office, breach of duty, including statutory duty, breach of
contract, breach of legitimate expectations of Persona,
breach of constitutional rights of Persona, breach of rights
under EU law, and a declaration that the European
Communities (Mobiles and Personal Communications)
Regulations 1996, hereinafter referred to as the
Regulations of 1996, contravene EU law. An appearance
was entered on behalf of the State on the 20th June, 2002.
The statement of claim was delivered on the 21st April,
2006.
Motions
7.
The State brought motions, dated the 26th May,
2006, and filed on the 29th May, 2006, giving notice that
on the 26th June, 2006 at 11.00 a.m., or at the first
available opportunity thereafter, counsel for the Minister,
Ireland and the Attorney General would apply for the
following reliefs:(i)
An order, pursuant to the inherent jurisdiction of the
court, dismissing the proceedings as against the Minister,
Ireland and the Attorney General, for delay and/or want of
prosecution.
(ii) An order, pursuant to the inherent jurisdiction of the
court, dismissing the proceedings as against the Minister,
Ireland, and the Attorney General, in the interests of
justice.
(iii) Such further and ancillary orders as the court may
deem proper and appropriate

8.
The motions were heard by the High Court (Gilligan
J.) on the 8th and 9th February, 2007, and judgment was
delivered on the 13th June, 2007. On the 3rd July, 2007,
the High Court through its orders dismissed for inordinate
and inexcusable delay Personas action and both actions
taken by Comcast. The orders were perfected on the 9th
July, 2007.
The High Court Judgment
9. (i) In the High Court, the learned High Court judge found
that there was no significance material difference between
the applications brought by the State and the grounds of
defence raised by Comcast and Persona, referred to as
the appellants, and as a consequence all three motions
were heard together. The High Court decided to deliver
one judgment in respect of the three motions on the three
sets of proceedings.
9. (ii) The learned High Court judge held that there was no
dispute between the parties that the delay was inordinate.
So, the first issue that arose for determination in the High
Court was whether or not the delay was inexcusable. The
learned High Court judge held:My overall conclusion is that I do not consider that the
excuses offered by [the appellants] and, in particular, that
they were monitoring the hearings of the Moriarty Tribunal
into the award of the second GSM mobile telephone
licence and, hence, did not deliver a statement of claim,
an explanation that constitutes a valid excuse and,
accordingly, I come to the conclusion that the delay
involved in the prosecution of all three claims herein is not
only inordinate but also inexcusable. The delay, in my
view, goes beyond the minimum which may be considered
inordinate.
9. (iii) As the High Court had come to the conclusion that
the delay was inordinate and inexcusable, that Court
moved on to consider whether the balance of justice
favoured the advancement, or not, of the proceedings.
The High Court pointed out that no case was made by the
State of any specific prejudice having occurred by reason
of the inordinate and unreasonable delay. The learned

High Court judge stated that the appellants and the State
had contributed to the delay involved. He also stated:In the particular circumstances of this case all the parties
who are involved in these three sets of proceedings were
parties with an interest in the matters being dealt with at
the Moriarty Tribunal. The relevant parties to these
proceedings were present on every hearing date relating
to any matters touching on the subject matter of these
proceedings.
9. (iv) The High Court stated that the State would suffer a
presumed prejudice if the appellants were permitted to
proceed with their actions, and assessed the prejudice as
moderate. Having analysed the situation further he
stated:I come to the conclusion that where responsibility for
inordinate and inexcusable delay rests primarily with the
[appellants], where there is presumed prejudice of a
moderate nature, where the issues to be determined are
of a very substantial commercial nature, where the actions
leading to the delay involved are deliberate and conscious,
where the prospects of a fair trial have been undermined,
where the [appellants] have failed after a late start to
advance their proceedings expeditiously, the balance of
justice favours the dismissal of the proceedings and,
accordingly, I dismiss the [appellants] proceedings as
against the [State] for want of prosecution.
9. (v) The High Court also addressed the application
brought pursuant to the inherent jurisdiction of the Court
to dismiss the appellants claim in the interests of justice,
where reliance was placed on Article 6 of the European
Convention on Human Rights. Reference was made to
ODomhnaill v. Merrick [1984] I.R. 151; Toal v. Duignan
(No. 1) [1991] ILRM 135; Toal v. Duignan (No. 2) [1991]
ILRM 140, especially at pp. 142 143; and McMullen v.
Ireland (ECtHR application No. 42297/98, 29th July, 2004.)
The learned High Court judge held:In my view, for this Court to be asked in 2009 to
determine primarily issues of fact that will have occurred
at the time of the prospective hearing date some 14 years
previously, gives rise to a basic unfairness of procedures,
undermines the [States] ability to have a fair trial, creates
a clear and patent unfairness in asking the [State] to

defend the action, and clearly fails to provide the [State]

with a hearing within a reasonable time of the alleged
cause of action having occurred. In essence, in my view, in
a case such as this, it puts justice to the hazard to such
an extent that it would be a derogation (sic) of basic
fairness to allow the case to proceed to trial as per
Henchy J. in ODomhnaill at p. 158. In these
circumstances, I come to the conclusion pursuant to the
inherent jurisdiction of the court to dismiss the
[appellants] claim as against the [State].
Notice of Appeal
10. Comcast issued a notice of appeal on the 27th July,
2007. Inter alia, the grounds of appeal were that the
learned trial judge erred in fact and in law in considering
that the appellants delay was inexcusable; that the
learned trial judge erred in law and in fact in considering
that the balance of justice was against allowing the case
to proceed; and that the learned trial judge erred in
considering that the appellants proceedings should be
struck out in the interests of justice. Persona issued a
notice of appeal on the 25th July, 2007. Inter alia, its
grounds of appeal were that the learned trial judge erred
in law and fact in determining that delay was inexcusable;
that the balance of justice favoured the dismissal of the
proceedings; and that the State wrote to Persona stating
that if a statement of claim was not delivered within 21
days then a motion for dismissal of proceedings would
issue and consented to the late filing of the statement of
claim if it was delivered within 21 days
Issue Paper
11. An issue paper was produced by the State and was
before the Court. It set out issues for the Court as follows:11. (i) Is this delay in these cases excusable (the
appellants having already conceded the delay was
inordinate) by reason of the following:(i) the decision of the appellants to adopt a wait and see
policy in respect of the hearings of the Moriarty Tribunal,
the Tribunal, having regard to the specific allegations
made by the appellants in their pleadings when the cases

were initiated;
(ii) the appellants contention that if the appellants had
attempted to bring on the proceedings during the Tribunal
hearings the State would have resisted this course;
(iii) Personas assertion that the State did not believe the
proceedings were dormant having regard to (a) a
statement by the former solicitor for Persona to a solicitor
from the Office of the Chief State Solicitor, in response to a
query by the latter, that no statement of claim would be
delivered in the proceedings for the foreseeable future
as Persona were following the Tribunal, and (b) the
delivery of a 21 day letter by the Office of the Chief State
Solicitor to Persona seeking delivery of a statement of
claim within 21 days under threat of a motion to strike out
in default;
(iv) the nature and extent of the States own
inaction/delay;
(v) the nature of and the issues in the proceedings;
(vi) the time that has elapsed since the events giving rise
to these proceedings.
11. (ii) Was the trial judge correct in law in holding that the
balance of the interests of justice required the appellants
claims to be dismissed, having regard to:
(i) the overall delay in the proceedings and the relative
contributions of the appellants and the State respectively
to same;
(ii) the deliberate and conscious nature of the decision of
the appellants to wait and see;
(iii) the holding of the existence of prejudice of a modest
nature to the State;
(iv) the likely nature and extent of the issues and evidence
at the trial;
(v) the finding that to ask the State to defend the
proceedings would be unfair and undermine their ability to

have a fair trial;

(vi) the effect of the provisions of Article 6 of the
European Convention on Human Rights;
(vii) the exercise by the learned trial judge of his discretion
having regard to the matters referred to in his judgment
as set out above.
Law
12. In all the circumstances, the primary relevant law is
that stated in Primor Plc v. Stokes Kennedy Crowley [1996]
2 I.R. 495, hereinafter referred to as Primor, where the
issue was whether proceedings should be dismissed for
want of prosecution. In delivering a judgment, Hamilton
C.J., at p. 475, summarised the relevant principles of law
as follows:(a) the courts have an inherent jurisdiction to control
their own procedure and to dismiss a claim when the
interests of justice require them to do so;
(b) it must, in the first instance, be established by the
party seeking a dismissal of proceedings for want of
prosecution on the ground of delay in the prosecution
thereof, that the delay, was inordinate and inexcusable;
(c) even where the delay has been both inordinate and
inexcusable the court must exercise a judgment on
whether, in its discretion, on the facts the balance of
justice is in favour of or against the proceeding of the
case;
(d) in considering this latter obligation the court is entitled
to take into consideration and have regard to
(i) the implied constitutional principles of basic fairness of
procedures,
(ii) whether the delay and consequent prejudice in the
special facts of the case are such as to make it unfair to
the defendant to allow the action to proceed and to make
it just to strike out the plaintiff's action,

(iii) any delay on the part of the defendant - because

litigation is a two party operation, the conduct of both
parties should be looked at,
(iv) whether any delay or conduct of the defendant
amounts to acquiescence on the part of the defendant in
the plaintiff's delay,
(v) the fact that conduct by the defendant which induces
the plaintiff to incur further expense in pursuing the action
does not, in law, constitute an absolute bar preventing the
defendant from obtaining a striking out order but is a
relevant factor to be taken into account by the judge in
exercising his discretion whether or not to strike out the
claim, the weight to be attached to such conduct
depending upon all the circumstances of the particular
case,
(vi) whether the delay gives rise to a substantial risk that
it is not possible to have a fair trial or is likely to cause or
have caused serious prejudice to the defendant,
(vii) the fact that the prejudice to the defendant referred
to in (vi) may arise in many ways and be other than that
merely caused by the delay, including damage to a
defendant's reputation and business.
These are the principles of law relevant to the appeals
before the Court. This is not an appeal relating to a
criminal trial, and thus the law as to delay and a criminal
trial does not apply.
13. The nature of an inordinate and inexcusable delay
requires to be considered in all the circumstances of the
case. Thus, the factors of each case require to be
analysed.
In addition, in recent times there has been an
acknowledgement that cases may not be let lie, in a
laissez faire attitude, for the parties to move. There is a
requirement to ensure that cases are progressed
reasonably. This approach has been the subject of
litigation in Ireland and has also been addressed by the

European Court on Human Rights. For example, in Price

and Lowe v. The United Kingdom 43185/98, there was an
application alleging a violation of Article 6 of the
Convention in connection with the length of the
proceedings at issue. Article 6 provides:
"In the determination of his civil rights and obligations ...,
everyone is entitled to a ... hearing within a reasonable
time..."
The ECtHR reiterated that the reasonableness of the
length of the proceedings must be addressed in the light
of the circumstances of the case, and having regard to the
criteria laid down in the Court's case law, in particular:

The complexity of the case,

The conduct of the applicant,

The conduct of the relevant authorities, and

The importance of what is at stake for the applicant

in the litigation.
The Court held that the manner in which a State provides
for mechanisms to comply with this requirement - whether
by way of increasing the number of judges, or by
automatic time-limits and directions, or by some other
method - is for the State to decide. In this case the
domestic law is that stated in Primor, where the factors
identified by Hamilton C.J., as set out previously, are not
dissimilar to the criteria set out in Price.
Decision
14. As indicated on the 17th July, 2012, I would allow the
appeals. Consequently the proceedings may continue in
the High Court, for the following reasons.
Reasons
Issues
15. On behalf of the appellants it was submitted that
there were three issues to be determined:(i)
Is the delay an excusable delay? (It was accepted
that it was an inordinate delay).

(ii) If it was not excusable does the balance of justice

mean it should be struck out?
(iii) There was a free standing issue as to whether the
interests of justice enable the claim to be dismissed.
I shall follow this sequence in giving my reasons.
In essence, as it was accepted that there was inordinate
delay by the appellants, at issue was whether the delay by
the appellants was excusable in all the circumstances of
the case.
Facts
16. The dates as to the proceedings in these appeals are
not in issue, as they are not contested. The dates when
the proceedings were issued, were delivered, and the
various steps taken, are not disputed and have been set
out earlier in this judgment.
Primor inordinate delay
17. The relevant law is as described above by Hamilton
C.J. in Primor.
18. Thus, the first issue is whether there has been
inordinate delay by the appellants in moving the
proceedings. The relevant time period to consider whether
or not there was inordinate delay was from the
commencement of the proceedings until the delivery of
the statement of claim. Both Comcast and Persona
accepted that there was inordinate delay. Thus, the first
aspect of the test under Primor was met.
Primor inexcusable delay
19. The second issue to address is whether the delay was
excusable.
Claim of corruption
20. In considering this case the serious and important
nature of the matters of corruption claimed by the
appellants is a relevant factor.
21. Thus, for example, the plenary summons issued by
Comcast, on the 10th October, 2001, claims that the
decision to award the licence to Esat is unlawful and void,
and damages are sought on a number of alleged bases,
including misfeasance in public office, fraud, and deceit.

22. In the statement of claim, delivered on the 3rd June,

2005, Comcast claims:Wrongfully, and in breach of contract, breach of duty and
breach of statutory duty, the Minister interfered with the
integrity of the tender process. He abused his public office
by intervening in the tender process to ensure that the
licence be awarded to Esat. He accepted payments made
by or on behalf of Esat and/or Denis OBrien to ensure the
award of the licence to Esat and/or to reward the Minister
for having intervened to ensure the awarding of the
licence to Esat. In doing so, he breached the Prevention of
Corruption Act, 1906. In representing the tender process
and the award of the licence to Esat as having been the
result of a fair and honest tender process, he engaged in
fraud and deceit and abused his office.
23. In both of the statements of claim, in each of the
proceedings, Comcast stated explicitly that it was unable
to give full particulars of the wrongdoing of the Minister,
pending the conclusion of the investigations the subject of
inquiry by the Tribunal.
24. However, on the basis of the information disclosed at
the public hearings of the Tribunal to that date, Comcast
stated that it is clear that the Minister engaged in the
following forms of wrongdoing:(a) The Minister compromised the integrity of the tender
process by breaching the guidelines for communications
with bidders:
i. On August 16th 1995, while the bids were being
evaluated, the Minister met with the chairman of one of
the bidders, the Persona Consortium, and discussed that
consortium's bid;
ii. On September 15th 1995, the Minister met with Mr Tony
O'Reilly, a representative of another bidder, the AT&T
consortium, and made reference to that consortium's bid;
iii. In September 1995, the Minister met with Denis O'Brien
and suggested that IIU Nominees Limited ("IIU") should
become involved in the Esat consortium.

(b) The Minister, his servants or agents disclosed or

caused to be disclosed confidential information in relation
to the bid process to Esat;
i. Esat was informed of the fact that the competition
structure was to be changed from a "straight auction" to
"beauty contest" and of the extension of the bidding
process prior to any such information being -disclosed to
the other bidders;
ii. The Minister, his servants or agents, informed Esat of
the contents of discussions with the European Commission
in relation to the imposition of a cap on the licence fee.
Access to this information placed Esat at a significant
competitive advantage;
iii. The Minister, his servants or agents disclosed or caused
to be disclosed certain of the weightings to be applied to
the evaluation of bids.
(c) The Minister modified the terms of and unlawfully
interfered with the tender process to favour Esat.
i. The Minister, his servants or agents intervened to ensure
the imposition of the cap of 15m on the licence fee;
ii. The Minister amended the timing of key milestones in
the tender process, including the final date by which
tender bids were to be lodged. The original closing date
for receipt of submissions of tenders was June 23rd 1995.
This date was extended to August 4th 1995. The purpose
and effect of the extension of this deadline was to favour
Esat;
iii. The evaluation methodology was modified with the aim
and effect of favouring Esat.
iv. The Minister intervened in the substantive evaluation
process to ensure that the choice of successful bid was
determined other than by reference to the
recommendation of the project group;
v. The Minister failed to conduct any or any appropriate
assessment to satisfy himself as to the financial and/or
technical capacity of Esat prior to the award of the licence;

vi. Notwithstanding the Minister's knowledge that the Esat

bid lacked reasonable financial capability, the Minister
nonetheless awarded the licence to Esat;
vii. The Minister expedited the selection and
announcement of the successful bid and, in so doing,
failed to have any or any adequate regard to the final
evaluation report prepared by the external consultants
("AMI") appointed to advise on the evaluation of bids,
which report did not identify a definitive winner. The
Minister made a public announcement on October 25th
1995 to the effect that the competition was won by Esat
prior to the presentation of the final evaluation report to
the Department, and prior to the consideration of that
report by the project group;
viii. The Minister unlawfully procured or facilitated the
entry of IIU into the Esat consortium after the submission
by Esat of its bid on August 4th 1995. In so permitting a
post-submission amendment to the bid, he breached the
rules of the tender process;
ix. The Minister was aware of the involvement of IIU in the
bid prior to the award of the licence to Esat. Nonetheless,
he failed to take any steps to assess the financial capacity
of the Esat consortium to the detriment of the other
bidders. No assessment of the financial standing of IIU was
conducted by the Minister, his servants or agents, until
May 1996, prior to the signing of the licence agreement by
the Minister;
x. The Minister abused his position prior to the award of
licence to Esat by intervening with the Electricity Supply
Board ("ESB") to ensure that Esat would be permitted to
erect masts on ESB pylons;
(d) The Minister accepted improper payments made by
Denis O'Brien and/or Esat which payments were made to
influence the outcome of the tender process and/or to
reward the Minister for having intervened to ensure the
awarding of the licence to Esat.

i. Subsequent to the announcement of the decision to

award the licence to Esat, the sum of US$50,000 was paid,
in December 1995, by Esat to an offshore account
operated by David Austin, a senior Fine Gael fundraiser.
The sum of 50,000 was paid by David Austin to Fine Gael
on May 6th 1997. The said sum was repaid on March 2nd
1998. Fine Gael indicated that it could not accept the
payment of the sum which Mr O'Brien claimed to have
been a donation from Esat. [Comcast] contend that the
payment of US$50,000 was intended by Denis O'Brien to
influence the outcome of the tender process and/or to
ensure that Esat was awarded the licence and/or to reward
the Minister for having intervened to ensure the awarding
of the licence to Esat;
ii. The Minister accepted the sum of 100,000 paid by
Denis O'Brien in early/mid-1996. The aim and effect of this
payment was to influence the outcome of the tender
process and/or to reward the Minister for having
intervened to ensure the awarding of the licence to Esat;
iii. In July 1996, Denis O'Brien arranged for the payment of
150,000 to David Austin, who transferred the sum of
147,000 to the Minister. The aim and effect of the
transfer of funds from Denis O'Brien to David Austin and
subsequently to the Minister was to influence the outcome
of the tender process and/or to reward the Minister for
having intervened to ensure the awarding of the licence to
Esat;
iv. Denis O'Brien financed the purchase of a property in
Mansfield, England acquired by the Minister. The aim and
effect of the provision of finance for the acquisition of the
Mansfield property was to influence the outcome of the
tender process and/or to reward the Minister for having
intervened to ensure the awarding of the licence to Esat.
And [Comcast] reserve[d] the right to deliver further
particulars hereof at any time before the trial of this
action.
25. In the statement of claim delivered by Persona, on
the 21st April, 2006, it was claimed, inter alia, that about
the 2nd March, 1995, a conspiracy was hatched whereby

the Minister for Public Enterprise, its servants or agents,

and/or the Minister, conspired with another, namely Esat,
its servants or agents, to promote an inevitable
competition result. In the furtherance of the conspiracy
the parties infiltrated or penetrated the competition and/or
in the alternative ignored or disregarded the competition
process and/or in the alternative utilised the process for
the purpose of concealment and thereby ensuring the
granting of the licence to Esat. Also, it is claimed that on
dates unknown the Minister, its servants or agents, acting
in purported exercise of their powers and functions and
purportedly acting in the best interests of the public, but
the Minister acted unlawfully and maliciously and
committed an act or acts, or knowingly acted ultra vires or
acted with reckless indifference and as such, they
deliberately or dishonestly abused the power conferred,
abused authority, abused trust with the known
consequences that it would cause injury and damage to
Persona. There is a claim for special damages. There is
also a claim for aggravated, punitive and exemplary
damages on the basis, inter alia, of the seriousness of the
corrupt practices engaged in; the fact that the corrupt
practices were at the highest level, i.e. they involved the
Minister; the fact that the Minister abused his office and
his authority and breached trust; the fact that the Minister
used his office for a personal self serving purpose; the fact
that the corrupt practices were not merely opportunistic
but were carefully planned and designed; the fact that the
Minister wantonly and unlawfully utilised his position of
trust in disregard of the public interest.
Affidavits
26. The reasons for the delay by Comcast and Persona
were stated on affidavit by Damien Young and William
Jolley, respectively.
27. Damien Young deposed that at the time of issuing the
proceedings, Comcast believed that the award of the
licence was wrongful. He stated that the subject matter of
these proceedings was also the subject matter of the
Tribunal and that it had been anticipated that the Tribunal
would have completed its work in relation to the licence
module within a one year following the issuing of the

plenary summons, i.e. by June 2002. He deposed:

Unfortunately, this was not the case. When Damien
Young deposed his affidavit on the 23rd June, 2006, the
licence module of the Tribunal had not yet been
completed. The module had been going on for years, and
was suspended for a time pending an appeal to this Court.
28. Damien Young explained:At the time of the issuing of the proceedings, [Comcast]
believed that the award of the second GSM licence to
[Esat], was wrongful. However, [Comcast] were not in a
position to know the detail of the manner, nature and
extent of the breaches of the tender process. They hoped
that this detail would be clarified by the Moriarty Tribunal,
permitting the delivery by [Comcast] of a particularised
Statement of Claim.
29. Damien Young deposed that while he accepted that
there had been delay, he deposed that it was excusable as
the subject matter of the proceedings was also the subject
matter of continued investigation by the Tribunal. He
stated that the complexity of the subject matter of these
proceedings is evident from the time taken by the Tribunal
in investigating the matter. He stated that Comcast cannot
be expected to be aware of all the details of the improper
payments and conduct which Comcast believe resulted in
the award of the licence to Esat. He deposed that it was
reasonable for Comcast to await the information provided
in the public hearings of the Tribunal prior to the delivery
of the Statement of Claim. He also deposed that there was
no particular prejudice suffered by the State.
30. In his affidavit William Jolley deposed, inter alia, that
the interference by the Minister was a complete abuse by
the Minister of his office. In 1996 Persona had made a
complaint to the European Union in relation to the manner
in which the competition for the grant of the licence was
conducted, but was told that the matter was essentially
one for the Irish courts. He deposed that in May, 2001, the
Tribunal indicated that it was commencing investigations
into the circumstances in which the Minister, Michael
Lowry, granted the licence to Esat. He stated that this
announcement by the Tribunal confirmed the concerns of

Persona into the grant of the licence and a decision was

made to issue the within proceedings.
31. He deposed:9. The Moriarty Tribunal went into public session in
relation to the circumstances surrounding the grant of the
said licence in December, 2002. The [Minister] has been
represented at the public hearings by Mr. Shaw (on behalf
of the Chief State Solicitor's Office). [Personas] former
solicitors, and in particular Mr. Gerald Moloney and John
O'Donovan, have attended more or less every public
sitting of the Tribunal since 2001. Mr. Moloney has
informed me that on a number of occasions casual
conversations have taken place between him and Mr.
Shaw.
In particular, I am informed by Mr. Moloney that
not long after the service of the proceedings Mr. Moloney
met Mr. Shaw at the Tribunal and was asked by Mr. Shaw if
he was going to deliver a Statement of Claim. Mr. Moloney
told Mr. Shaw that he would not be delivering it for the
foreseeable future for the very reason that the [Persona]
(and their representatives) would firstly be following the
evidence which was likely to unfold at the Tribunal. Mr.
Moloney informs me that at no stage did Mr. Shaw object
to this proposed course of action and indeed if anything
appeared to be relieved as his Clients had more than
enough to do in dealing with the Tribunal.
10. Having regard to the constant attendance by the
[Personas] legal representatives at the Tribunal and the
aforementioned conversations, the [State] are well aware
of [Personas} intention to prosecute these proceedings.
During the course of the Tribunal hearings Tony Boyle, a
director of [Persona], has given evidence and has been
subjected to cross examination by Counsel on behalf of
the [Minister]. During the course of that cross examination
Counsel for the [Minister] has referred to the existence of
the proceedings and while suggesting that the Tribunal is
being used as "a kind of stalking horse" for the
proceedings (which Mr. Boyle did not accept) never made
any complaint about any alleged delay or prejudice being
suffered by the Minister or any of the other State

Defendants.
11. The within proceedings are serious and complex and
involve the assimilation of a large volume of information
and evidence. Certain information and avenues of inquiry
have been identified during the course of the public
sittings which have assisted [Persona] in the preparation
of their case and the assimilation of evidence outside of
the Tribunal. The prosecution of the case is not, however,
dependent upon any particular finding by the Moriarty
Tribunal and it is [Personas] intention to proceed with
these proceedings irrespective of what conclusion the
Moriarty Tribunal may come to.
12. Representatives of the [State] have given evidence to
the Moriarty Tribunal as to their involvement in the licence
competition. That module of the Moriarty Tribunal has not
been completed yet as far as I am aware no complaint has
ever been made by or on behalf of the [State] or the
officials of the Department of any prejudice due to the
remove in time between the Tribunal hearings and the
events under investigation dating back to 1995.
Furthermore, it is apparent from the public hearings of the
Tribunal that considerable documentation is available to
assist the various Department officials in their recollection
of events where such is necessary.
13. The timing of the issue of the current motion is of
significance. As appears from exhibit "MS1" to Mr. Shaw's
Affidavit no complaint was made between 2002 and 2006
in respect of [Personas] failure to deliver a Statement of
Claim. On the 23rd March, 2006 I served on the Chief
State Solicitor's Office a Notice of Change of Solicitor.
Within a week of receipt of that letter Mr. Shaw wrote to
me seeking the delivery of a Statement of Claim and
consenting to its delivery within 21 days. Nowhere in that
letter does Mr. Shaw complain of any prejudice; on the
contrary, he invites [Persona] to proceed with their claim
and it is difficult to understand what has occurred between
that date (31st March, 2006) and 26th May, 2006 to bring
about such a fundamental change in approach. [Persona]
believe[s], and I concur, that the request for the delivery

of a Statement of Claim made immediately after the

service of a Notice of Change of Solicitor was done so to
"catch the plaintiffs on the hop. I had in fact sought a
short extension of the 21 day period on 5th , 11th and
21st April, 2006 but never received any response to that
request. I beg to refer to copies of the three letters upon
which marked with the letter "WJ" I have endorsed my
name prior to the swearing hereof. Furthermore, I also
rang the Office of the Chief State Solicitor on a number of
occasions and left messages but my calls were largely
ignored and disregarded. In fact, the Statement of Claim
was delivered within the 21 day period allowed in the
letter of 31st March, 2006.
Application to strike out proceedings
32. As may be seen from the affidavit of William Jolley,
quoted previously, the position of Persona was also that
they were following the evidence likely to unfold at the
Tribunal. Further, that the State were aware of this
approach.
33. On Monday the 9th May, 2005, the High Court (Kelly
J.) ordered in both of the proceedings by Comcast that
unless Comcast do within 28 days from the 9th May, 2005,
deliver a statement of claim to the fourth named
defendant, Mr. Denis OBrien, that Comcasts claims would
stand dismissed for want of prosecution as against the
fourth named defendant for failure to deliver a statement
of claim within the time prescribed by the Rules of the
Superior Court.
34. The statements of claim in both Comcast proceedings
were delivered on the 3rd June, 2005, i.e. within the time
required by the order of the High Court.
35. Thus, Comcast had met the requirements of the High
Court order.
36. On the 28th July, 2005, the solicitors for the fourth
named defendant sought further particulars in the
Comcast proceedings. The replies to notice for particulars
are dated the 12th January, 2006. On the 7th March, 2006,
a notice of change of solicitor on behalf of the fourth

named defendant was filed. On the 15th May, 2006, a

defence and counterclaim on behalf of the fourth named
defendant was served. On the 14th November, 2006, a
defence to the counterclaim was delivered on behalf of
Comcast, and notice of particulars sought on behalf of
Comcast on the counterclaim.
37. It was in the midst of these circumstances that, on
the 26th May, 2006, the State issued the motion, the
subject of this appeal, to dismiss the proceedings against
the State.
Decision on excusability
38. It is clear from the evidence before the High Court
and this Court that the primary reason for the delay in the
proceedings was the decision taken by Comcast and
Persona to await the completion of the investigative
section of the Tribunal into the granting of the licence.
39. Usually a deliberate decision by a party to delay
proceedings is not excusable, but this case is unique for a
number of reasons. These reasons include the following:
(i) The facts which form the foundation for the claim were
being investigated by a Tribunal of Inquiry at the same
time as the proceedings were contemplated and then
commenced.
(ii) The nature of the facts alleged are very serious and
rare, i.e. a claim of corruption of a Minister of the
Government.
(iii) In addition, the facts in such proceedings are of their
nature very difficult to expose and particularize.
(iv) Also, the case is complex.
(v) Counsel for Comcast put the matter starkly, stating
that the excuse for the delay was that the appellants were
not in a position to prosecute the claim in any wholly
informed way until they were educated by the
investigative hearings of the Tribunal.

(vi) It is relevant also that during the time in issue the

State took no active step to advance the court
proceedings. On the facts, the State took no steps to
advance the proceedings from the serving of the three
plenary summonses in 2002 to April, 2006, when the State
gave consent to the late filing, within a specific time, of
Personas statement of claim in April, 2006, which was
delivered within that time on the 21st April, 2006.
However, the State, in May, 2006, issued motions to
dismiss for want of prosecution each of Personas and
Comcasts proceedings, which became the subject of this
appeal.
In contrast to the States inaction, a natural person, Mr
Denis OBrien, who is the fourth named defendant in the
Comcast proceedings, in late 2004, sought to dismiss for
want of prosecution Comcasts claims against him by
application to the Master of the High Court, which was
refused, and then by application to the High Court, which
was also refused if Comcast delivered its statement of
claim to Mr OBrien within 28 days of the order of the High
Court, which was made on the 9th May, 2005. Comcast
delivered the statement of claim to Mr OBrien within the
time limit set by the order and delivered the statement of
claim to the State on the 3rd June, 2005. Mr OBrien then
sought particulars from Comcast, which were provided by
Comcast in January, 2006, and Mr OBrien delivered a
defence and counterclaim in May, 2006, to which Comcast
responded to in November, 2006.
Thus, the High Court addressed the issue of delay in 2005
and required the statement of claim to be delivered rather
than dismiss the proceedings; the sequence of events that
followed demonstrated the engagement by Comcast with
a party who sought to advance the progression of the
proceedings in 2005 and 2006 and provides context to
view the States response to the appellants proceedings.
In all the unique circumstances of this case, there was, at
the very least, a de facto acquiescence in the delay in the
proceedings on the States behalf.
(vii) The inaction of the State between 2002 to 2006 in

these proceedings even continued after the statements of

claim of Comcast were delivered, when they failed to react
to the delivery of the first two statements of claim in 2005.
The State did not proceed to seek particulars such as
would be expected in a complex case.
(viii) During those years, 2002 to 2006, all the parties, to
one degree or another, were engaged in and monitoring
the investigations of the Tribunal into the granting of the
licence.
(ix) An unusual feature of the case is that, as a
consequence of the Tribunal inquiries, witnesses have
made statements and given oral evidence relevant to the
granting of the licence. Consequently, evidence has been
gathered because of the investigative hearings of the
Tribunal. Thus, while the appellants would need to present
their evidence in proceedings before the courts, this is not
a case where, years after an event, with no intervening
warning, defendants are required to defend a claim.
(x) The State was on notice of the appellants approach,
i.e. of the appellants decision to wait until the
investigative section of the Tribunal into the granting of
the licence had progressed, before serving the statements
of claim. This notice may have been express, in
accordance with the evidence deposed by William Jolley,
as set out above, of conversations between Mr. Moloney
and Mr. Shaw. It was not contradicted. Or the position may
have been implied. Whichever way the situation is
considered the facts are that the State was participating in
the Tribunal, had been served with the plenary
summonses in these proceedings, and yet took no step to
seek to advance these proceedings during these years.
Indeed, the State did not object until the 29th May, 2006,
when it filed its motions to dismiss for delay and/or want
of prosecution. I take this, at the very least, as a de facto
acquiescence in the delay in the proceedings pending the
conclusion of the investigative sessions of the Tribunal, in
all the unique circumstances of the case.
(xi) Persona relied on the letter of the 31st March, 2006,

as indicating the States position. The letter stated:Please note that if you do not file a statement of claim on
behalf of your clients within 21 days from the date hereof,
I am instructed to proceed with a notice of motion, seeking
to strike out these proceedings for want of prosecution,
without further notice to you.
You might further note that on behalf of the [State], I
hereby consent to the late filing of the statement of claim
by you up to and including 21 days from date hereof.
Persona responded by delivering their statement of claim
within 21 days. Personas reliance on the terms of the
letter including the consent to the late filing of the
statement of claim, was a reasonable position.
(xii) In the special circumstances, because of the nature of
the claim of corruption, where it is alleged that the wrongs
in this case were concealed, and covert, this approach by
the appellants, and indeed by the State, is
understandable. The Tribunal was investigating the wrongs
claimed by the appellants, it had the resources, and could
compel witnesses to advance its investigation into the
circumstances of the licence.
(xiii) Of course, the findings of the Tribunal are, under
current law, not admissible in the civil proceedings, and
the appellants do not seek to admit such findings.
However, the investigations of the Tribunal have exposed
information, facts, documents, and witnesses of assistance
to the appellants. The appellants awaited the completion
of the investigative stages of the Tribunal they did not
await the Report.
(xiv) No actual prejudice was found to attach to the State.
The learned High Court judge held that:While no actual prejudice has been referred to, I am
satisfied that there is presumed prejudice on a moderate
level.
However, there was no claim of specific prejudice to the
State, such as the death of a witness. References as to
prejudice were general, such as in the grounding affidavit

of Mr. Shaw where he states at paragraph 13 [w]hile the

statement of claim was delivered, I say the plaintiffs delay
has been inordinate and inexcusable and therefore
prejudicial []. The submissions to this Court have a
section on prejudice, where issues such as reputational
damage and the difficulty of meeting the award of
damages, inter alia, are considered. In fact, in the absence
of an evidential foundation for a finding of specific
prejudice, e.g. no absence of witnesses alleged, no
concrete difficulty alleged, any analysis of the issue of
prejudice would be a matter of speculation.
40. In general, it is not open to a party to decide
unilaterally not to proceed with proceedings in a case for a
particular time and reasons. However, in the interest of
fair and just proceedings, there are exceptions. This is one
such exception, where in the interests of justice, I find that
the delay is excusable.
41. An analogy may be drawn between this case, where
there was a unique situation arising from the hearing of a
Tribunal and civil proceedings, and the decisions in
Cosgrave v. Director of Public Prosecutions [2012] IESC 24
and Kennedy v. Director of Public Prosecutions [2012] IESC
34. While a Tribunal is not the administration of justice the
use of that model to investigate matters of public interest
may have an effect on legal decisions as to when to
advance court proceedings. While there are limitations on
a tribunal of inquiry, e.g. the findings are legally sterile,
the existence and working of a tribunal are facts which the
Court recognises and which may, as in this case, be
relevant to the process of litigation.
42. In the unique circumstances of this case, for the
reasons given, I am satisfied that the delay is excusable.
As I find the delay to be excusable, there are no grounds
to dismiss the proceedings.
43. As I am satisfied that the delay is excusable, it is not
necessary to proceed to the third aspect of the Primor
test, i.e. the test to determine, as a matter of discretion,
whether the balance of justice is in favour of or against
the proceedings continuing.

44. However, if it had been necessary to consider this

aspect of the test, I would have determined, as a matter of
discretion, on the facts, that the balance of justice is in
favour of the case proceeding. In such a determination I
would take into account (i) the fairness to both parties, in
all the circumstances, (ii) the absence of specific prejudice
to the State; (iii) the fact that the parties and witnesses
have over the years given statements and evidence
before the Tribunal, so that the situation is not one where
proceedings are commenced or continued long after
events where there has been no reference to the facts in
the meantime; (iv) the delay by the State during the
proceedings; (v) the conduct of the State, which was a de
facto acquiescence during 2002 to 2006; (vi) the fact that
the State stated in a letter of the 31st March, 2006, that a
motion to dismiss would be brought if the statement of
claim was not delivered within the time period specified
and consented to an extension of time for Persona to
deliver its statement of claim, and Persona complied with
the terms of the letter; (vii) in all the circumstances, there
is no risk to a fair trial or serious prejudice to the State;
(viii) these proceedings make serious allegations of
corruption by a Minister of the Government, not a matter
which should be struck out on a technicality but which
should be addressed in a full hearing in open court. In
submissions it was argued by the State that the
appellants actions were not in the public interest, but
were private commercial interests. However, this is not a
case between private companies, rather it involves
allegations of corruption by a Minister of State. There is a
public interest in determining such a claim of corruption in
high office. It is a matter of public interest as to whether a
Minister of Government corrupted a State process. This is
an important aspect of the case.
45. The parties, in essence, argued the appeal in the
Primor principles. It is not an appeal relating to delay in a
criminal trial and thus that jurisprudence is not of
assistance.
Interests of Justice
46. There was a free standing issue raised as to whether

the interests of justice enable the claim to be dismissed.

However, Primor pointed out that the courts have an
inherent jurisdiction to control their own procedure and to
dismiss a claim when the interests of justice require them
to do so. Thus, the foundation for this common law is the
interests of justice. Primor sets out a methodology. In
applying that methodology, in analysing the facts of a
case, the Court is required to consider all the
circumstances of the case. Consequently, applying the
principles described in Primor addresses the interests of
justice of the case.
Conclusion
47. On the unique facts of this case, for the reasons
given, I would allow the appeals.

THE SUPREME COURT

Appeals No. 216, 215 and 213
Denham C.J.
Hardiman J.
Fennelly J.
McKechnie J.
Clarke J.
[High Court Record No. 2001 No. 9288P]

Between/
Comcast International Holdings Incorporated, Declan
Ganley, Ganley International Limited and GCI Limited
Plaintiffs/Appellants
and
Minister for Public Enterprise, Michael Lowry, Esat
Telecommunications Limited, Denis OBrien, Ireland, and
the Attorney General

Defendants/Respondents
[High Court Record No. 2001 No. 15119P]

Between/
Comcast International Holdings Incorporated, Declan
Ganley, Ganley International Limited and GCI Limited
Plaintiffs/Appellants
and
Minister for Public Enterprise, Michael Lowry, Esat
Telecommunications Limited, Denis OBrien, Ireland, and
the Attorney General
Defendants/Respondents
[High Court Record No. 2001 No. 9223P]

Between/
Persona Digital Telephony Limited, and Sigma Wireless
Networks Limited
Plaintiffs/Appellants
and
Minister for Public Enterprise, Ireland and the Attorney
General
Defendants/Respondents
Reasons delivered on the 17th day of October, 2012 by
Denham C.J.
1.
These three appeals were heard together by this
appellate court, as they had been heard together by the
High Court.

2.
The appeals were heard on the 10th, 11th and 12th
July, 2012.
3.
On the 17th July, 2012, the Court indicated that it
would allow the appeals and that reasons would be given
in October.
4.
In this judgment I deliver the reasons why I would
allow the appeals.
5.
These proceedings were commenced consequent to
the decision of the Minister for Public Enterprise,
hereinafter referred to as the Minister, made on the 25th
October, 1995, to award the second GSM mobile
telephone licence, hereinafter referred to as the licence,
to ESAT Telecommunications Limited, hereinafter referred
to as ESAT. On the 2nd March, 1995, the Minister had
announced a bid process for the licence. The deadline for
receipt of tenders was extended on the 16th June, 1995,
from the 23rd June, 1995, to the 4th August, 1995, and the
result of the competition was announced on the 25th
October, 1995.
Three sets of proceedings
6.
The three sets of proceedings were commenced as
follows:(i) In the first set of proceedings the plaintiffs/appellants,
referred to as Comcast, issued a plenary summons on
the 15th June, 2001, which was served on the 14th June,
2002. The first set of proceedings relate primarily to the
decision of the Minister on the 16th June, 1995, to extend
the deadline of the 23rd June, 1995, for the receipt of
tenders for the award of the licence. The proceedings seek
a declaration that the decision is null and void, and there
is a claim for damages for alleged breach of statutory
duty, misfeasance in public office, breach of or procuring a
breach of the Prevention of Corruption Act, 1906, fraud,
deceit, breach of duty and breach of contract. The
defendants/respondents, excluding the State
defendants/respondents, are referred to as the
respondents. The State defendants/respondents, who are
referred to as the State, entered an appearance on the

20th June, 2002. A statement of claim was delivered on

the 3rd June, 2005.
6. (ii) In the second set of proceedings serious allegations
were made by Comcast; primarily the cause of action and
the remedies sought are in relation to the decision of the
25th October, 1995. The plenary summons was issued on
the 10th October, 2001 and served on the 4th October,
2002. An appearance was entered on behalf of the State
on the 16th December, 2002. A statement of claim was
served on the 3rd June, 2005.
6. (iii) In the third set of proceedings a plenary summons
was issued by the plaintiffs/appellants, hereinafter referred
to as Persona, on the 15th June, 2001, which was served
on the 10th June, 2002. The summons claimed damages
(including exemplary damages) for misfeasance in public
office, breach of duty, including statutory duty, breach of
contract, breach of legitimate expectations of Persona,
breach of constitutional rights of Persona, breach of rights
under EU law, and a declaration that the European
Communities (Mobiles and Personal Communications)
Regulations 1996, hereinafter referred to as the
Regulations of 1996, contravene EU law. An appearance
was entered on behalf of the State on the 20th June, 2002.
The statement of claim was delivered on the 21st April,
2006.
Motions
7.
The State brought motions, dated the 26th May,
2006, and filed on the 29th May, 2006, giving notice that
on the 26th June, 2006 at 11.00 a.m., or at the first
available opportunity thereafter, counsel for the Minister,
Ireland and the Attorney General would apply for the
following reliefs:(i)
An order, pursuant to the inherent jurisdiction of the
court, dismissing the proceedings as against the Minister,
Ireland and the Attorney General, for delay and/or want of
prosecution.
(ii) An order, pursuant to the inherent jurisdiction of the
court, dismissing the proceedings as against the Minister,
Ireland, and the Attorney General, in the interests of

justice.
(iii) Such further and ancillary orders as the court may
deem proper and appropriate
8.
The motions were heard by the High Court (Gilligan
J.) on the 8th and 9th February, 2007, and judgment was
delivered on the 13th June, 2007. On the 3rd July, 2007,
the High Court through its orders dismissed for inordinate
and inexcusable delay Personas action and both actions
taken by Comcast. The orders were perfected on the 9th
July, 2007.
The High Court Judgment
9. (i) In the High Court, the learned High Court judge found
that there was no significance material difference between
the applications brought by the State and the grounds of
defence raised by Comcast and Persona, referred to as
the appellants, and as a consequence all three motions
were heard together. The High Court decided to deliver
one judgment in respect of the three motions on the three
sets of proceedings.
9. (ii) The learned High Court judge held that there was no
dispute between the parties that the delay was inordinate.
So, the first issue that arose for determination in the High
Court was whether or not the delay was inexcusable. The
learned High Court judge held:My overall conclusion is that I do not consider that the
excuses offered by [the appellants] and, in particular, that
they were monitoring the hearings of the Moriarty Tribunal
into the award of the second GSM mobile telephone
licence and, hence, did not deliver a statement of claim,
an explanation that constitutes a valid excuse and,
accordingly, I come to the conclusion that the delay
involved in the prosecution of all three claims herein is not
only inordinate but also inexcusable. The delay, in my
view, goes beyond the minimum which may be considered
inordinate.
9. (iii) As the High Court had come to the conclusion that
the delay was inordinate and inexcusable, that Court
moved on to consider whether the balance of justice

favoured the advancement, or not, of the proceedings.

The High Court pointed out that no case was made by the
State of any specific prejudice having occurred by reason
of the inordinate and unreasonable delay. The learned
High Court judge stated that the appellants and the State
had contributed to the delay involved. He also stated:In the particular circumstances of this case all the parties
who are involved in these three sets of proceedings were
parties with an interest in the matters being dealt with at
the Moriarty Tribunal. The relevant parties to these
proceedings were present on every hearing date relating
to any matters touching on the subject matter of these
proceedings.
9. (iv) The High Court stated that the State would suffer a
presumed prejudice if the appellants were permitted to
proceed with their actions, and assessed the prejudice as
moderate. Having analysed the situation further he
stated:I come to the conclusion that where responsibility for
inordinate and inexcusable delay rests primarily with the
[appellants], where there is presumed prejudice of a
moderate nature, where the issues to be determined are
of a very substantial commercial nature, where the actions
leading to the delay involved are deliberate and conscious,
where the prospects of a fair trial have been undermined,
where the [appellants] have failed after a late start to
advance their proceedings expeditiously, the balance of
justice favours the dismissal of the proceedings and,
accordingly, I dismiss the [appellants] proceedings as
against the [State] for want of prosecution.
9. (v) The High Court also addressed the application
brought pursuant to the inherent jurisdiction of the Court
to dismiss the appellants claim in the interests of justice,
where reliance was placed on Article 6 of the European
Convention on Human Rights. Reference was made to
ODomhnaill v. Merrick [1984] I.R. 151; Toal v. Duignan
(No. 1) [1991] ILRM 135; Toal v. Duignan (No. 2) [1991]
ILRM 140, especially at pp. 142 143; and McMullen v.
Ireland (ECtHR application No. 42297/98, 29th July, 2004.)
The learned High Court judge held:In my view, for this Court to be asked in 2009 to
determine primarily issues of fact that will have occurred

at the time of the prospective hearing date some 14 years

previously, gives rise to a basic unfairness of procedures,
undermines the [States] ability to have a fair trial, creates
a clear and patent unfairness in asking the [State] to
defend the action, and clearly fails to provide the [State]
with a hearing within a reasonable time of the alleged
cause of action having occurred. In essence, in my view, in
a case such as this, it puts justice to the hazard to such
an extent that it would be a derogation (sic) of basic
fairness to allow the case to proceed to trial as per
Henchy J. in ODomhnaill at p. 158. In these
circumstances, I come to the conclusion pursuant to the
inherent jurisdiction of the court to dismiss the
[appellants] claim as against the [State].
Notice of Appeal
10. Comcast issued a notice of appeal on the 27th July,
2007. Inter alia, the grounds of appeal were that the
learned trial judge erred in fact and in law in considering
that the appellants delay was inexcusable; that the
learned trial judge erred in law and in fact in considering
that the balance of justice was against allowing the case
to proceed; and that the learned trial judge erred in
considering that the appellants proceedings should be
struck out in the interests of justice. Persona issued a
notice of appeal on the 25th July, 2007. Inter alia, its
grounds of appeal were that the learned trial judge erred
in law and fact in determining that delay was inexcusable;
that the balance of justice favoured the dismissal of the
proceedings; and that the State wrote to Persona stating
that if a statement of claim was not delivered within 21
days then a motion for dismissal of proceedings would
issue and consented to the late filing of the statement of
claim if it was delivered within 21 days
Issue Paper
11. An issue paper was produced by the State and was
before the Court. It set out issues for the Court as follows:11. (i) Is this delay in these cases excusable (the
appellants having already conceded the delay was
inordinate) by reason of the following:-

(i) the decision of the appellants to adopt a wait and see

policy in respect of the hearings of the Moriarty Tribunal,
the Tribunal, having regard to the specific allegations
made by the appellants in their pleadings when the cases
were initiated;
(ii) the appellants contention that if the appellants had
attempted to bring on the proceedings during the Tribunal
hearings the State would have resisted this course;
(iii) Personas assertion that the State did not believe the
proceedings were dormant having regard to (a) a
statement by the former solicitor for Persona to a solicitor
from the Office of the Chief State Solicitor, in response to a
query by the latter, that no statement of claim would be
delivered in the proceedings for the foreseeable future
as Persona were following the Tribunal, and (b) the
delivery of a 21 day letter by the Office of the Chief State
Solicitor to Persona seeking delivery of a statement of
claim within 21 days under threat of a motion to strike out
in default;
(iv) the nature and extent of the States own
inaction/delay;
(v) the nature of and the issues in the proceedings;
(vi) the time that has elapsed since the events giving rise
to these proceedings.
11. (ii) Was the trial judge correct in law in holding that the
balance of the interests of justice required the appellants
claims to be dismissed, having regard to:
(i) the overall delay in the proceedings and the relative
contributions of the appellants and the State respectively
to same;
(ii) the deliberate and conscious nature of the decision of
the appellants to wait and see;
(iii) the holding of the existence of prejudice of a modest
nature to the State;
(iv) the likely nature and extent of the issues and evidence

at the trial;
(v) the finding that to ask the State to defend the
proceedings would be unfair and undermine their ability to
have a fair trial;
(vi) the effect of the provisions of Article 6 of the
European Convention on Human Rights;
(vii) the exercise by the learned trial judge of his discretion
having regard to the matters referred to in his judgment
as set out above.
Law
12. In all the circumstances, the primary relevant law is
that stated in Primor Plc v. Stokes Kennedy Crowley [1996]
2 I.R. 495, hereinafter referred to as Primor, where the
issue was whether proceedings should be dismissed for
want of prosecution. In delivering a judgment, Hamilton
C.J., at p. 475, summarised the relevant principles of law
as follows:(a) the courts have an inherent jurisdiction to control
their own procedure and to dismiss a claim when the
interests of justice require them to do so;
(b) it must, in the first instance, be established by the
party seeking a dismissal of proceedings for want of
prosecution on the ground of delay in the prosecution
thereof, that the delay, was inordinate and inexcusable;
(c) even where the delay has been both inordinate and
inexcusable the court must exercise a judgment on
whether, in its discretion, on the facts the balance of
justice is in favour of or against the proceeding of the
case;
(d) in considering this latter obligation the court is entitled
to take into consideration and have regard to
(i) the implied constitutional principles of basic fairness of
procedures,
(ii) whether the delay and consequent prejudice in the

special facts of the case are such as to make it unfair to

the defendant to allow the action to proceed and to make
it just to strike out the plaintiff's action,
(iii) any delay on the part of the defendant - because
litigation is a two party operation, the conduct of both
parties should be looked at,
(iv) whether any delay or conduct of the defendant
amounts to acquiescence on the part of the defendant in
the plaintiff's delay,
(v) the fact that conduct by the defendant which induces
the plaintiff to incur further expense in pursuing the action
does not, in law, constitute an absolute bar preventing the
defendant from obtaining a striking out order but is a
relevant factor to be taken into account by the judge in
exercising his discretion whether or not to strike out the
claim, the weight to be attached to such conduct
depending upon all the circumstances of the particular
case,
(vi) whether the delay gives rise to a substantial risk that
it is not possible to have a fair trial or is likely to cause or
have caused serious prejudice to the defendant,
(vii) the fact that the prejudice to the defendant referred
to in (vi) may arise in many ways and be other than that
merely caused by the delay, including damage to a
defendant's reputation and business.
These are the principles of law relevant to the appeals
before the Court. This is not an appeal relating to a
criminal trial, and thus the law as to delay and a criminal
trial does not apply.
13. The nature of an inordinate and inexcusable delay
requires to be considered in all the circumstances of the
case. Thus, the factors of each case require to be
analysed.
In addition, in recent times there has been an
acknowledgement that cases may not be let lie, in a

laissez faire attitude, for the parties to move. There is a

requirement to ensure that cases are progressed
reasonably. This approach has been the subject of
litigation in Ireland and has also been addressed by the
European Court on Human Rights. For example, in Price
and Lowe v. The United Kingdom 43185/98, there was an
application alleging a violation of Article 6 of the
Convention in connection with the length of the
proceedings at issue. Article 6 provides:
"In the determination of his civil rights and obligations ...,
everyone is entitled to a ... hearing within a reasonable
time..."
The ECtHR reiterated that the reasonableness of the
length of the proceedings must be addressed in the light
of the circumstances of the case, and having regard to the
criteria laid down in the Court's case law, in particular:

The complexity of the case,

The conduct of the applicant,

The conduct of the relevant authorities, and

The importance of what is at stake for the applicant

in the litigation.
The Court held that the manner in which a State provides
for mechanisms to comply with this requirement - whether
by way of increasing the number of judges, or by
automatic time-limits and directions, or by some other
method - is for the State to decide. In this case the
domestic law is that stated in Primor, where the factors
identified by Hamilton C.J., as set out previously, are not
dissimilar to the criteria set out in Price.
Decision
14. As indicated on the 17th July, 2012, I would allow the
appeals. Consequently the proceedings may continue in
the High Court, for the following reasons.
Reasons
Issues

15. On behalf of the appellants it was submitted that

there were three issues to be determined:(i)
Is the delay an excusable delay? (It was accepted
that it was an inordinate delay).
(ii) If it was not excusable does the balance of justice
mean it should be struck out?
(iii) There was a free standing issue as to whether the
interests of justice enable the claim to be dismissed.
I shall follow this sequence in giving my reasons.
In essence, as it was accepted that there was inordinate
delay by the appellants, at issue was whether the delay by
the appellants was excusable in all the circumstances of
the case.
Facts
16. The dates as to the proceedings in these appeals are
not in issue, as they are not contested. The dates when
the proceedings were issued, were delivered, and the
various steps taken, are not disputed and have been set
out earlier in this judgment.
Primor inordinate delay
17. The relevant law is as described above by Hamilton
C.J. in Primor.
18. Thus, the first issue is whether there has been
inordinate delay by the appellants in moving the
proceedings. The relevant time period to consider whether
or not there was inordinate delay was from the
commencement of the proceedings until the delivery of
the statement of claim. Both Comcast and Persona
accepted that there was inordinate delay. Thus, the first
aspect of the test under Primor was met.
Primor inexcusable delay
19. The second issue to address is whether the delay was
excusable.
Claim of corruption
20. In considering this case the serious and important
nature of the matters of corruption claimed by the
appellants is a relevant factor.
21. Thus, for example, the plenary summons issued by

Comcast, on the 10th October, 2001, claims that the

decision to award the licence to Esat is unlawful and void,
and damages are sought on a number of alleged bases,
including misfeasance in public office, fraud, and deceit.
22. In the statement of claim, delivered on the 3rd June,
2005, Comcast claims:Wrongfully, and in breach of contract, breach of duty and
breach of statutory duty, the Minister interfered with the
integrity of the tender process. He abused his public office
by intervening in the tender process to ensure that the
licence be awarded to Esat. He accepted payments made
by or on behalf of Esat and/or Denis OBrien to ensure the
award of the licence to Esat and/or to reward the Minister
for having intervened to ensure the awarding of the
licence to Esat. In doing so, he breached the Prevention of
Corruption Act, 1906. In representing the tender process
and the award of the licence to Esat as having been the
result of a fair and honest tender process, he engaged in
fraud and deceit and abused his office.
23. In both of the statements of claim, in each of the
proceedings, Comcast stated explicitly that it was unable
to give full particulars of the wrongdoing of the Minister,
pending the conclusion of the investigations the subject of
inquiry by the Tribunal.
24. However, on the basis of the information disclosed at
the public hearings of the Tribunal to that date, Comcast
stated that it is clear that the Minister engaged in the
following forms of wrongdoing:(a) The Minister compromised the integrity of the tender
process by breaching the guidelines for communications
with bidders:
i. On August 16th 1995, while the bids were being
evaluated, the Minister met with the chairman of one of
the bidders, the Persona Consortium, and discussed that
consortium's bid;
ii. On September 15th 1995, the Minister met with Mr Tony
O'Reilly, a representative of another bidder, the AT&T
consortium, and made reference to that consortium's bid;

iii. In September 1995, the Minister met with Denis O'Brien

and suggested that IIU Nominees Limited ("IIU") should
become involved in the Esat consortium.
(b) The Minister, his servants or agents disclosed or
caused to be disclosed confidential information in relation
to the bid process to Esat;
i. Esat was informed of the fact that the competition
structure was to be changed from a "straight auction" to
"beauty contest" and of the extension of the bidding
process prior to any such information being -disclosed to
the other bidders;
ii. The Minister, his servants or agents, informed Esat of
the contents of discussions with the European Commission
in relation to the imposition of a cap on the licence fee.
Access to this information placed Esat at a significant
competitive advantage;
iii. The Minister, his servants or agents disclosed or caused
to be disclosed certain of the weightings to be applied to
the evaluation of bids.
(c) The Minister modified the terms of and unlawfully
interfered with the tender process to favour Esat.
i. The Minister, his servants or agents intervened to ensure
the imposition of the cap of 15m on the licence fee;
ii. The Minister amended the timing of key milestones in
the tender process, including the final date by which
tender bids were to be lodged. The original closing date
for receipt of submissions of tenders was June 23rd 1995.
This date was extended to August 4th 1995. The purpose
and effect of the extension of this deadline was to favour
Esat;
iii. The evaluation methodology was modified with the aim
and effect of favouring Esat.
iv. The Minister intervened in the substantive evaluation
process to ensure that the choice of successful bid was
determined other than by reference to the
recommendation of the project group;

v. The Minister failed to conduct any or any appropriate

assessment to satisfy himself as to the financial and/or
technical capacity of Esat prior to the award of the licence;
vi. Notwithstanding the Minister's knowledge that the Esat
bid lacked reasonable financial capability, the Minister
nonetheless awarded the licence to Esat;
vii. The Minister expedited the selection and
announcement of the successful bid and, in so doing,
failed to have any or any adequate regard to the final
evaluation report prepared by the external consultants
("AMI") appointed to advise on the evaluation of bids,
which report did not identify a definitive winner. The
Minister made a public announcement on October 25th
1995 to the effect that the competition was won by Esat
prior to the presentation of the final evaluation report to
the Department, and prior to the consideration of that
report by the project group;
viii. The Minister unlawfully procured or facilitated the
entry of IIU into the Esat consortium after the submission
by Esat of its bid on August 4th 1995. In so permitting a
post-submission amendment to the bid, he breached the
rules of the tender process;
ix. The Minister was aware of the involvement of IIU in the
bid prior to the award of the licence to Esat. Nonetheless,
he failed to take any steps to assess the financial capacity
of the Esat consortium to the detriment of the other
bidders. No assessment of the financial standing of IIU was
conducted by the Minister, his servants or agents, until
May 1996, prior to the signing of the licence agreement by
the Minister;
x. The Minister abused his position prior to the award of
licence to Esat by intervening with the Electricity Supply
Board ("ESB") to ensure that Esat would be permitted to
erect masts on ESB pylons;
(d) The Minister accepted improper payments made by

Denis O'Brien and/or Esat which payments were made to

influence the outcome of the tender process and/or to
reward the Minister for having intervened to ensure the
awarding of the licence to Esat.
i. Subsequent to the announcement of the decision to
award the licence to Esat, the sum of US$50,000 was paid,
in December 1995, by Esat to an offshore account
operated by David Austin, a senior Fine Gael fundraiser.
The sum of 50,000 was paid by David Austin to Fine Gael
on May 6th 1997. The said sum was repaid on March 2nd
1998. Fine Gael indicated that it could not accept the
payment of the sum which Mr O'Brien claimed to have
been a donation from Esat. [Comcast] contend that the
payment of US$50,000 was intended by Denis O'Brien to
influence the outcome of the tender process and/or to
ensure that Esat was awarded the licence and/or to reward
the Minister for having intervened to ensure the awarding
of the licence to Esat;
ii. The Minister accepted the sum of 100,000 paid by
Denis O'Brien in early/mid-1996. The aim and effect of this
payment was to influence the outcome of the tender
process and/or to reward the Minister for having
intervened to ensure the awarding of the licence to Esat;
iii. In July 1996, Denis O'Brien arranged for the payment of
150,000 to David Austin, who transferred the sum of
147,000 to the Minister. The aim and effect of the
transfer of funds from Denis O'Brien to David Austin and
subsequently to the Minister was to influence the outcome
of the tender process and/or to reward the Minister for
having intervened to ensure the awarding of the licence to
Esat;
iv. Denis O'Brien financed the purchase of a property in
Mansfield, England acquired by the Minister. The aim and
effect of the provision of finance for the acquisition of the
Mansfield property was to influence the outcome of the
tender process and/or to reward the Minister for having
intervened to ensure the awarding of the licence to Esat.
And [Comcast] reserve[d] the right to deliver further
particulars hereof at any time before the trial of this

action.
25. In the statement of claim delivered by Persona, on
the 21st April, 2006, it was claimed, inter alia, that about
the 2nd March, 1995, a conspiracy was hatched whereby
the Minister for Public Enterprise, its servants or agents,
and/or the Minister, conspired with another, namely Esat,
its servants or agents, to promote an inevitable
competition result. In the furtherance of the conspiracy
the parties infiltrated or penetrated the competition and/or
in the alternative ignored or disregarded the competition
process and/or in the alternative utilised the process for
the purpose of concealment and thereby ensuring the
granting of the licence to Esat. Also, it is claimed that on
dates unknown the Minister, its servants or agents, acting
in purported exercise of their powers and functions and
purportedly acting in the best interests of the public, but
the Minister acted unlawfully and maliciously and
committed an act or acts, or knowingly acted ultra vires or
acted with reckless indifference and as such, they
deliberately or dishonestly abused the power conferred,
abused authority, abused trust with the known
consequences that it would cause injury and damage to
Persona. There is a claim for special damages. There is
also a claim for aggravated, punitive and exemplary
damages on the basis, inter alia, of the seriousness of the
corrupt practices engaged in; the fact that the corrupt
practices were at the highest level, i.e. they involved the
Minister; the fact that the Minister abused his office and
his authority and breached trust; the fact that the Minister
used his office for a personal self serving purpose; the fact
that the corrupt practices were not merely opportunistic
but were carefully planned and designed; the fact that the
Minister wantonly and unlawfully utilised his position of
trust in disregard of the public interest.
Affidavits
26. The reasons for the delay by Comcast and Persona
were stated on affidavit by Damien Young and William
Jolley, respectively.
27. Damien Young deposed that at the time of issuing the
proceedings, Comcast believed that the award of the
licence was wrongful. He stated that the subject matter of

these proceedings was also the subject matter of the

Tribunal and that it had been anticipated that the Tribunal
would have completed its work in relation to the licence
module within a one year following the issuing of the
plenary summons, i.e. by June 2002. He deposed:
Unfortunately, this was not the case. When Damien
Young deposed his affidavit on the 23rd June, 2006, the
licence module of the Tribunal had not yet been
completed. The module had been going on for years, and
was suspended for a time pending an appeal to this Court.
28. Damien Young explained:At the time of the issuing of the proceedings, [Comcast]
believed that the award of the second GSM licence to
[Esat], was wrongful. However, [Comcast] were not in a
position to know the detail of the manner, nature and
extent of the breaches of the tender process. They hoped
that this detail would be clarified by the Moriarty Tribunal,
permitting the delivery by [Comcast] of a particularised
Statement of Claim.
29. Damien Young deposed that while he accepted that
there had been delay, he deposed that it was excusable as
the subject matter of the proceedings was also the subject
matter of continued investigation by the Tribunal. He
stated that the complexity of the subject matter of these
proceedings is evident from the time taken by the Tribunal
in investigating the matter. He stated that Comcast cannot
be expected to be aware of all the details of the improper
payments and conduct which Comcast believe resulted in
the award of the licence to Esat. He deposed that it was
reasonable for Comcast to await the information provided
in the public hearings of the Tribunal prior to the delivery
of the Statement of Claim. He also deposed that there was
no particular prejudice suffered by the State.
30. In his affidavit William Jolley deposed, inter alia, that
the interference by the Minister was a complete abuse by
the Minister of his office. In 1996 Persona had made a
complaint to the European Union in relation to the manner
in which the competition for the grant of the licence was
conducted, but was told that the matter was essentially
one for the Irish courts. He deposed that in May, 2001, the

Tribunal indicated that it was commencing investigations

into the circumstances in which the Minister, Michael
Lowry, granted the licence to Esat. He stated that this
announcement by the Tribunal confirmed the concerns of
Persona into the grant of the licence and a decision was
made to issue the within proceedings.
31. He deposed:9. The Moriarty Tribunal went into public session in
relation to the circumstances surrounding the grant of the
said licence in December, 2002. The [Minister] has been
represented at the public hearings by Mr. Shaw (on behalf
of the Chief State Solicitor's Office). [Personas] former
solicitors, and in particular Mr. Gerald Moloney and John
O'Donovan, have attended more or less every public
sitting of the Tribunal since 2001. Mr. Moloney has
informed me that on a number of occasions casual
conversations have taken place between him and Mr.
Shaw.
In particular, I am informed by Mr. Moloney that
not long after the service of the proceedings Mr. Moloney
met Mr. Shaw at the Tribunal and was asked by Mr. Shaw if
he was going to deliver a Statement of Claim. Mr. Moloney
told Mr. Shaw that he would not be delivering it for the
foreseeable future for the very reason that the [Persona]
(and their representatives) would firstly be following the
evidence which was likely to unfold at the Tribunal. Mr.
Moloney informs me that at no stage did Mr. Shaw object
to this proposed course of action and indeed if anything
appeared to be relieved as his Clients had more than
enough to do in dealing with the Tribunal.
10. Having regard to the constant attendance by the
[Personas] legal representatives at the Tribunal and the
aforementioned conversations, the [State] are well aware
of [Personas} intention to prosecute these proceedings.
During the course of the Tribunal hearings Tony Boyle, a
director of [Persona], has given evidence and has been
subjected to cross examination by Counsel on behalf of
the [Minister]. During the course of that cross examination
Counsel for the [Minister] has referred to the existence of
the proceedings and while suggesting that the Tribunal is

being used as "a kind of stalking horse" for the

proceedings (which Mr. Boyle did not accept) never made
any complaint about any alleged delay or prejudice being
suffered by the Minister or any of the other State
Defendants.
11. The within proceedings are serious and complex and
involve the assimilation of a large volume of information
and evidence. Certain information and avenues of inquiry
have been identified during the course of the public
sittings which have assisted [Persona] in the preparation
of their case and the assimilation of evidence outside of
the Tribunal. The prosecution of the case is not, however,
dependent upon any particular finding by the Moriarty
Tribunal and it is [Personas] intention to proceed with
these proceedings irrespective of what conclusion the
Moriarty Tribunal may come to.
12. Representatives of the [State] have given evidence to
the Moriarty Tribunal as to their involvement in the licence
competition. That module of the Moriarty Tribunal has not
been completed yet as far as I am aware no complaint has
ever been made by or on behalf of the [State] or the
officials of the Department of any prejudice due to the
remove in time between the Tribunal hearings and the
events under investigation dating back to 1995.
Furthermore, it is apparent from the public hearings of the
Tribunal that considerable documentation is available to
assist the various Department officials in their recollection
of events where such is necessary.
13. The timing of the issue of the current motion is of
significance. As appears from exhibit "MS1" to Mr. Shaw's
Affidavit no complaint was made between 2002 and 2006
in respect of [Personas] failure to deliver a Statement of
Claim. On the 23rd March, 2006 I served on the Chief
State Solicitor's Office a Notice of Change of Solicitor.
Within a week of receipt of that letter Mr. Shaw wrote to
me seeking the delivery of a Statement of Claim and
consenting to its delivery within 21 days. Nowhere in that
letter does Mr. Shaw complain of any prejudice; on the
contrary, he invites [Persona] to proceed with their claim

and it is difficult to understand what has occurred between

that date (31st March, 2006) and 26th May, 2006 to bring
about such a fundamental change in approach. [Persona]
believe[s], and I concur, that the request for the delivery
of a Statement of Claim made immediately after the
service of a Notice of Change of Solicitor was done so to
"catch the plaintiffs on the hop. I had in fact sought a
short extension of the 21 day period on 5th , 11th and
21st April, 2006 but never received any response to that
request. I beg to refer to copies of the three letters upon
which marked with the letter "WJ" I have endorsed my
name prior to the swearing hereof. Furthermore, I also
rang the Office of the Chief State Solicitor on a number of
occasions and left messages but my calls were largely
ignored and disregarded. In fact, the Statement of Claim
was delivered within the 21 day period allowed in the
letter of 31st March, 2006.
Application to strike out proceedings
32. As may be seen from the affidavit of William Jolley,
quoted previously, the position of Persona was also that
they were following the evidence likely to unfold at the
Tribunal. Further, that the State were aware of this
approach.
33. On Monday the 9th May, 2005, the High Court (Kelly
J.) ordered in both of the proceedings by Comcast that
unless Comcast do within 28 days from the 9th May, 2005,
deliver a statement of claim to the fourth named
defendant, Mr. Denis OBrien, that Comcasts claims would
stand dismissed for want of prosecution as against the
fourth named defendant for failure to deliver a statement
of claim within the time prescribed by the Rules of the
Superior Court.
34. The statements of claim in both Comcast proceedings
were delivered on the 3rd June, 2005, i.e. within the time
required by the order of the High Court.
35. Thus, Comcast had met the requirements of the High
Court order.
36. On the 28th July, 2005, the solicitors for the fourth

named defendant sought further particulars in the

Comcast proceedings. The replies to notice for particulars
are dated the 12th January, 2006. On the 7th March, 2006,
a notice of change of solicitor on behalf of the fourth
named defendant was filed. On the 15th May, 2006, a
defence and counterclaim on behalf of the fourth named
defendant was served. On the 14th November, 2006, a
defence to the counterclaim was delivered on behalf of
Comcast, and notice of particulars sought on behalf of
Comcast on the counterclaim.
37. It was in the midst of these circumstances that, on
the 26th May, 2006, the State issued the motion, the
subject of this appeal, to dismiss the proceedings against
the State.
Decision on excusability
38. It is clear from the evidence before the High Court
and this Court that the primary reason for the delay in the
proceedings was the decision taken by Comcast and
Persona to await the completion of the investigative
section of the Tribunal into the granting of the licence.
39. Usually a deliberate decision by a party to delay
proceedings is not excusable, but this case is unique for a
number of reasons. These reasons include the following:
(i) The facts which form the foundation for the claim were
being investigated by a Tribunal of Inquiry at the same
time as the proceedings were contemplated and then
commenced.
(ii) The nature of the facts alleged are very serious and
rare, i.e. a claim of corruption of a Minister of the
Government.
(iii) In addition, the facts in such proceedings are of their
nature very difficult to expose and particularize.
(iv) Also, the case is complex.
(v) Counsel for Comcast put the matter starkly, stating
that the excuse for the delay was that the appellants were

not in a position to prosecute the claim in any wholly

informed way until they were educated by the
investigative hearings of the Tribunal.
(vi) It is relevant also that during the time in issue the
State took no active step to advance the court
proceedings. On the facts, the State took no steps to
advance the proceedings from the serving of the three
plenary summonses in 2002 to April, 2006, when the State
gave consent to the late filing, within a specific time, of
Personas statement of claim in April, 2006, which was
delivered within that time on the 21st April, 2006.
However, the State, in May, 2006, issued motions to
dismiss for want of prosecution each of Personas and
Comcasts proceedings, which became the subject of this
appeal.
In contrast to the States inaction, a natural person, Mr
Denis OBrien, who is the fourth named defendant in the
Comcast proceedings, in late 2004, sought to dismiss for
want of prosecution Comcasts claims against him by
application to the Master of the High Court, which was
refused, and then by application to the High Court, which
was also refused if Comcast delivered its statement of
claim to Mr OBrien within 28 days of the order of the High
Court, which was made on the 9th May, 2005. Comcast
delivered the statement of claim to Mr OBrien within the
time limit set by the order and delivered the statement of
claim to the State on the 3rd June, 2005. Mr OBrien then
sought particulars from Comcast, which were provided by
Comcast in January, 2006, and Mr OBrien delivered a
defence and counterclaim in May, 2006, to which Comcast
responded to in November, 2006.
Thus, the High Court addressed the issue of delay in 2005
and required the statement of claim to be delivered rather
than dismiss the proceedings; the sequence of events that
followed demonstrated the engagement by Comcast with
a party who sought to advance the progression of the
proceedings in 2005 and 2006 and provides context to
view the States response to the appellants proceedings.
In all the unique circumstances of this case, there was, at

the very least, a de facto acquiescence in the delay in the

proceedings on the States behalf.
(vii) The inaction of the State between 2002 to 2006 in
these proceedings even continued after the statements of
claim of Comcast were delivered, when they failed to react
to the delivery of the first two statements of claim in 2005.
The State did not proceed to seek particulars such as
would be expected in a complex case.
(viii) During those years, 2002 to 2006, all the parties, to
one degree or another, were engaged in and monitoring
the investigations of the Tribunal into the granting of the
licence.
(ix) An unusual feature of the case is that, as a
consequence of the Tribunal inquiries, witnesses have
made statements and given oral evidence relevant to the
granting of the licence. Consequently, evidence has been
gathered because of the investigative hearings of the
Tribunal. Thus, while the appellants would need to present
their evidence in proceedings before the courts, this is not
a case where, years after an event, with no intervening
warning, defendants are required to defend a claim.
(x) The State was on notice of the appellants approach,
i.e. of the appellants decision to wait until the
investigative section of the Tribunal into the granting of
the licence had progressed, before serving the statements
of claim. This notice may have been express, in
accordance with the evidence deposed by William Jolley,
as set out above, of conversations between Mr. Moloney
and Mr. Shaw. It was not contradicted. Or the position may
have been implied. Whichever way the situation is
considered the facts are that the State was participating in
the Tribunal, had been served with the plenary
summonses in these proceedings, and yet took no step to
seek to advance these proceedings during these years.
Indeed, the State did not object until the 29th May, 2006,
when it filed its motions to dismiss for delay and/or want
of prosecution. I take this, at the very least, as a de facto
acquiescence in the delay in the proceedings pending the

conclusion of the investigative sessions of the Tribunal, in

all the unique circumstances of the case.
(xi) Persona relied on the letter of the 31st March, 2006,
as indicating the States position. The letter stated:Please note that if you do not file a statement of claim on
behalf of your clients within 21 days from the date hereof,
I am instructed to proceed with a notice of motion, seeking
to strike out these proceedings for want of prosecution,
without further notice to you.
You might further note that on behalf of the [State], I
hereby consent to the late filing of the statement of claim
by you up to and including 21 days from date hereof.
Persona responded by delivering their statement of claim
within 21 days. Personas reliance on the terms of the
letter including the consent to the late filing of the
statement of claim, was a reasonable position.
(xii) In the special circumstances, because of the nature of
the claim of corruption, where it is alleged that the wrongs
in this case were concealed, and covert, this approach by
the appellants, and indeed by the State, is
understandable. The Tribunal was investigating the wrongs
claimed by the appellants, it had the resources, and could
compel witnesses to advance its investigation into the
circumstances of the licence.
(xiii) Of course, the findings of the Tribunal are, under
current law, not admissible in the civil proceedings, and
the appellants do not seek to admit such findings.
However, the investigations of the Tribunal have exposed
information, facts, documents, and witnesses of assistance
to the appellants. The appellants awaited the completion
of the investigative stages of the Tribunal they did not
await the Report.
(xiv) No actual prejudice was found to attach to the State.
The learned High Court judge held that:While no actual prejudice has been referred to, I am
satisfied that there is presumed prejudice on a moderate

level.
However, there was no claim of specific prejudice to the
State, such as the death of a witness. References as to
prejudice were general, such as in the grounding affidavit
of Mr. Shaw where he states at paragraph 13 [w]hile the
statement of claim was delivered, I say the plaintiffs delay
has been inordinate and inexcusable and therefore
prejudicial []. The submissions to this Court have a
section on prejudice, where issues such as reputational
damage and the difficulty of meeting the award of
damages, inter alia, are considered. In fact, in the absence
of an evidential foundation for a finding of specific
prejudice, e.g. no absence of witnesses alleged, no
concrete difficulty alleged, any analysis of the issue of
prejudice would be a matter of speculation.
40. In general, it is not open to a party to decide
unilaterally not to proceed with proceedings in a case for a
particular time and reasons. However, in the interest of
fair and just proceedings, there are exceptions. This is one
such exception, where in the interests of justice, I find that
the delay is excusable.
41. An analogy may be drawn between this case, where
there was a unique situation arising from the hearing of a
Tribunal and civil proceedings, and the decisions in
Cosgrave v. Director of Public Prosecutions [2012] IESC 24
and Kennedy v. Director of Public Prosecutions [2012] IESC
34. While a Tribunal is not the administration of justice the
use of that model to investigate matters of public interest
may have an effect on legal decisions as to when to
advance court proceedings. While there are limitations on
a tribunal of inquiry, e.g. the findings are legally sterile,
the existence and working of a tribunal are facts which the
Court recognises and which may, as in this case, be
relevant to the process of litigation.
42. In the unique circumstances of this case, for the
reasons given, I am satisfied that the delay is excusable.
As I find the delay to be excusable, there are no grounds
to dismiss the proceedings.
43. As I am satisfied that the delay is excusable, it is not

necessary to proceed to the third aspect of the Primor

test, i.e. the test to determine, as a matter of discretion,
whether the balance of justice is in favour of or against
the proceedings continuing.
44. However, if it had been necessary to consider this
aspect of the test, I would have determined, as a matter of
discretion, on the facts, that the balance of justice is in
favour of the case proceeding. In such a determination I
would take into account (i) the fairness to both parties, in
all the circumstances, (ii) the absence of specific prejudice
to the State; (iii) the fact that the parties and witnesses
have over the years given statements and evidence
before the Tribunal, so that the situation is not one where
proceedings are commenced or continued long after
events where there has been no reference to the facts in
the meantime; (iv) the delay by the State during the
proceedings; (v) the conduct of the State, which was a de
facto acquiescence during 2002 to 2006; (vi) the fact that
the State stated in a letter of the 31st March, 2006, that a
motion to dismiss would be brought if the statement of
claim was not delivered within the time period specified
and consented to an extension of time for Persona to
deliver its statement of claim, and Persona complied with
the terms of the letter; (vii) in all the circumstances, there
is no risk to a fair trial or serious prejudice to the State;
(viii) these proceedings make serious allegations of
corruption by a Minister of the Government, not a matter
which should be struck out on a technicality but which
should be addressed in a full hearing in open court. In
submissions it was argued by the State that the
appellants actions were not in the public interest, but
were private commercial interests. However, this is not a
case between private companies, rather it involves
allegations of corruption by a Minister of State. There is a
public interest in determining such a claim of corruption in
high office. It is a matter of public interest as to whether a
Minister of Government corrupted a State process. This is
an important aspect of the case.
45. The parties, in essence, argued the appeal in the
Primor principles. It is not an appeal relating to delay in a

criminal trial and thus that jurisprudence is not of

assistance.
Interests of Justice
46. There was a free standing issue raised as to whether
the interests of justice enable the claim to be dismissed.
However, Primor pointed out that the courts have an
inherent jurisdiction to control their own procedure and to
dismiss a claim when the interests of justice require them
to do so. Thus, the foundation for this common law is the
interests of justice. Primor sets out a methodology. In
applying that methodology, in analysing the facts of a
case, the Court is required to consider all the
circumstances of the case. Consequently, applying the
principles described in Primor addresses the interests of
justice of the case.
Conclusion
47. On the unique facts of this case, for the reasons
given, I would allow the appeals.
http://www.supremecourt.ie/Judgments.nsf/1b0757edc371032e8025
72ea0061450e/4609ec7f85f89a8980257a9a0050ebf4?
OpenDocument

Former Taoiseach Bertie Ahern is a psychopath.

The Mahon Tribunal has published its final report on

corruption in the planning process yesterday.
Below is a list compiled by WWN of the reports key
findings. As we see them.
1 Tribunals are big business.

And if you can get a cut of that 20, 000,000 a year

budget then why not drag that mother fucker out as long
as you possibly can? Hence why it took 15 years to do
something which would normally take a few months for an
average paid judge and a handful of solicitors to complete.
Here, Ive an idea: why not put the Mahon tribunal
through a tribunal for spending so much on the tribunal?
Fifteen years after the longest running inquiry into political
corruption in Ireland was established, its final findings
have been published.
Q. So, what was it all about?
A. Corruption. Politicians being bought off in Dublin land
deals by developers and speculators. Labour minister Joan
Burton raised concerns over a cash for votes scandal as
far back as the 1990s and has since warned how
councillors were used as voting fodder. The final module
focused on Quarryvale land on which the Liffey Valley
Shopping Centre sits near Lucan, west Dublin and
subsequently the sometimes bizarre private finances of
senior politicians.
Q. Whos already been named and shamed over
bribery, corruption or payments?
A. Former minister Ray Burke was stoutly defended by
then taoiseach Bertie Ahern before being found to have
accepted corrupt payments.
advertisement

The chief villain of the inquiry, if you like, he went on to be

jailed for tax fraud. His notoriety was summed up
beautifully in a remark attributed to him when asked by a
builder if hed be keeping a receipt for a 30,000 bribe:
Will we fuck.
George Redmond, former assistant Dublin city and county
manager, took payments, the inquiry found. He was jailed
but his conviction for corruption was later quashed. The

late Liam Lawlor, who died in a car crash in Moscow in

2005, was jailed for six weeks in total for refusing to cooperate with the tribunal.
Former government press secretary Frank Dunlop snapped
at the tribunal in 2000 and began naming names. A
lobbyist, he had acted as bagman for developers buying
councillors votes as huge swathes of land in Dublin
switched from farming to industrial, commercial or
residential use. He was also jailed for corruption.
Q. But how did former taoiseach Bertie Ahern end
up in the thick of it?
A. Allegations were made by developer Tom Gilmartin that
Mr Ahern had been paid off by Cork developer Owen
OCallaghan. His evidence including allegations that
Fianna Fil make the mafia look like fucking monks
has gone down in tribunal folklore and sparked the expose
of a bizarre money trail linked to Mr Ahern. The trawl
found digouts, whiparounds, various bank accounts or lack
thereof, currency swaps, bags of cash, and secret
handovers.
Mr Aherns excuses dominated and scandalised the
political landscape from 2006 to 2008 and ultimately, after
14 days of evidence over four years and no findings
against him, he had no option but to resign.
The then taoiseach had sued Denis Starry OBrien, a
businessman from Cork, for making utterly completely
and absolutely false and untrue bribery allegations in
1999.
Q. You say Mr Aherns personal finances were
bizarre, but how unusual are we talking?
A. Let the colourful evidence speak for itself. His bus driver
friend Mick Wall ferried generous donors to a meal in
Manchester, but didnt eat the dinner, and the
businessman walked away with an stg8,000 whiparound,
out of the blue. Four other friends, including Paddy The
Plasterer Reilly, gave him 16,500, also unsolicited,
which may have been to buy a house.
In another digout in 1993-94, the then finance minister
received 22,500 collected unbeknownst to him by friends
including Paddy Reilly, Des Richardson and publican
Charlie Chawke around Christmas 1993. His funds also
came in various denominations dollars, sterling and

punts.
Further untangling produced explanations that 8,000
the profit of racing bets was lodged into accounts held
by his daughters, best-selling author Cecelia and
Georgina, wife of Westlifes Nicky Byrne.
Grinne Carruth, a compelling witness and Mr Aherns
former faithful secretary, broke down in tears after two
days questioning and asked to go home. She finally went
on to change her story to say she lodged sterling cash for
her boss, once best known as the Teflon Taoiseach for his
ability to dodge mud-slinging and sleaze allegations.
Q. Any criticism of the inquiry?
A. Without doubt after 15 years and spiralling costs. But
some credit and leeway is deserved for the planning
corruption and labyrinthine money trails exposed. The
only other critics are those having their finances
inspected. A series of lawsuits to thwart the inquiry ended
last autumn when the High Court cleared the way for the
final report to be published with no advance warning for
concerned parties.
Q. And why did the inquiry cost so much?
A. Thanks to rules under which it was set up ironically
by Mr Ahern to show his government wanted a new era of
politics legal fees rocketed. Barristers for the tribunal
were being paid about 1,000 a day and a handful
became millionaires on the back of it.
Third-party legal fees are a huge part of the estimated
300m costs and are normally only denied for refusal to
co-operate.
Q. Is the Mahon and Flood Tribunal the same thing?
A. The Tribunal of Inquiry Into Certain Planning Matters
and Payments, commonly known as the Mahon Tribunal,
was set up by Dil ireann in 1997 to investigate
allegations of corrupt payments to politicians regarding
political decisions. It has mostly investigated planning
permissions and land rezoning issues in the 1990s in the
Dublin County Council area. Judge Alan P Mahon chaired
the tribunal. The original chairman, who was the sole
member until soon before his retirement, was Judge
Feargus Flood, giving rise to the original common name of
the Flood Tribunal.
The Developers

Or Project Facilitators as the National Asset Management

Agency (NAMA) calls them. Here you will find details of
developers whose loans are reported to be NAMA-bound,
the companies and individuals with whom theyre
associated (or have been associated) and assets linked to
them (again presently or in the past). You will also find
details of developers and bankers who have not been
publicly associated with NAMA, and indeed may never be
they are owners of property that goes beyond a private
residence. There are also overseas property owners with
publicised links to Irish banks.
Note that NAMA has said that it will not normally reveal
the identities of any NAMA borrower and will accord NAMA
borrowers the same confidentiality they would receive at
the original financial institution. The identities of the NAMA
borrowers in the attached spreadsheet and below are
based on press reporting the reporting sources are
shown on the spreadsheet . An updated spreadsheet list
is maintained here. An extract from that list will be
regularly posted below. The list includes the borrower,
associated companies or individuals and associated assets
(note any association might be past or present the press
sources for any information are shown in the comments
fields). Not all the information may display below
depending on your browser settings to access all the
information, you need to access the google docs
spreadsheet above. The regularly updated HOUSE PRICE
DATABASE tab has been moved to the bottom of the
ABOUT tab. Lastly there is a separate spreadsheet
maintained here which shows those developers in which
NAMA has a liquidation, receivership or judgment interest.
First Tranche Associated Cos, individuals
Associated
Assets
Liam Carroll
Roisin Carroll(wife),Zoe, North Quay
Investments, Orthanc, Dunloe, Danninger,
McInerney,,Rambridge Limited, Vantive Holdings, Morston
Investments Limited, Net USA Limited,.Alexion
Management Limited, Bronzone Limited, Astranna Limited,
Villeer Developments, Peytor Developments, Caragh
Enterprises Limited, Parlez International Limied, Danoval

Limited, Jarmar Properties Limited,Tallaght Town Centre

and Construction Limited, Crossman Properties Limited,
Riversmith Limited, Chinook Investments, Oze
Construction, Royceton, Zed Developments, Irish
Continental Group, Bulwark Limited, Crossman Northwall
Limited, Gainsco Limited, Fabrizia Developments, JP Ryan
& Sons (Properties) Limited, Everill Developments Limited,
Feederlink Shipping, Irish Ferries UK, Irish Ferries, Alexion
(Propco) Limited, Alexion PropHoldco Limited, Ronnie
Rentals Limited, Greencore Group PLC, Barrow Echo,
Barrow Gamma, Eppo Developments, David Torpey, John
Pope, Tafica Limited, Elocin Limited, Bohemians, David
Torpey, Bloomburg Limited, Zelderbridge Limited, David
Carson (receiver, Deloitte), Billy ORiordan (receiver,
Pricewaterhouse Coopers), Ken Fennell (receiver,
Kavanagh Fennell), Cherrywood Science and Technology
Park, Cherrywood Properties, Cradder, Frescatti, Giotti,
Vienesse, Nervana, Precidence
AIB HQ, Anglo HQ, 39
UPPER MAYOR STREET, DUBLIN 1, TRANSIT HOUSE, 5 EAST
ROAD (OR SOMETIMES CALLED 5 AND 5A EAST ROAD),
DUBLIN 3, HANBURY LANE, DUBLIN 8, 34 UPPER MAYOR
STREET, DUBLIN 1, 36, 37 AND 38 UPPER MAYOR STREET,
DUBLIN 1, 8 ST. PATRICKS TERRACE, NORTH BRUNSWICK
STREET,
8 ST. PATRICKS TERRACE, NORTH BRUNSWICK STREET,
NO. 2 ST. PATRICKS TERRACE, NORTH BRUNSWICK
STREET, 35 AND 36 UPPER ABBEY STREET
NOS. 1,2,3,4, 5, 6,7 AND 8 ABBEY COTTAGES ON THE
SOUTH SIDE OF UPPER ABBEY STREET, DUBLIN 1, DAVITT
ROAD, CRUMLIN, DUBLIN 12, PREMISES SITUATE AT ST.
AUGUSTINE STREET, GREENCASTLE ROAD, COOLOCK,
DUBLIN 5, UPPER SHERIFF STREET, CASTLEFORBES ROAD,
DUBLIN 1, 5 & 7 ST. PATRICKS TERRACE, NORTH
BRUNSWICK STREET, DUBLIN, PORTION OF 8 ST. PATRICKS
TERRACE, NORTH BRUNSWICK STREET, DUBLIN, 55 NORTH
BRUNSWICK STREET, DUBLIN, REAR OF 55 & 56 NORTH
BRUNSWICK STREET TOGETHER WITH 56 NORTH
BRUNSWICK STREET, DUBLIN, PORTION OF 57 AND 58
NORTH BRUNSWICK STREET, DUBLIN, REAR OF 57 & 58
NORTH BRUNSWICK STREET, DUBLIN, REAR OF 87 (87 AND
87A) NORTH KING STREET, DUBLIN, PORTION OF 57, 58 &
59 NORTH BRUNSWICK STREET, DUBLIN, (BUT EXCLUDING

GROUND FLOOR OF PORTION), 90 & 90A NORTH KING

STREET, DUBLIN, 89 NORTH KING STREET, DUBLIN AND 8A
GEORGES LANE, 90, 90A, 91, 92 AND 93 NORTH KING
STREET, DUBLIN ,21-24 CAPEL STREET, 147-151 UPPER
ABBEY STREET, 7/8 JERVIS LANE, DUBLIN 1, 5C EAST WALL
ROAD DUBLIN 3, 13/14 UPPER MAYOR STREET, PARISH OF
ST. THOMAS, CITY OF DUBLIN,NUMBERS 15, 16, 17, 18, 19,
20, 21 AND 22 UPPER MAYOR STREET , 6 TO 8
CASTLEFORBES ROAD. 1 ACRE SITE SITUATE AT DAVITT
ROAD, CRUMLIN, DUBLIN 12, LANDS AT GREENCASTLE
ROAD, COOLOCK, DUBLIN, 5, NO. 125 FRANCIS STREET,
132 FRANCIS ST., SITE SITUATE AT TURVEY AVENUE
INCHICORE, 58B, 59, 60 AND 61 CORK STREET, IN THE
PARISH OF ST. CATHERINES AND CITY OF DUBLIN, 48-52
CORK STREET, NOS. 17 AND 18 GREAT LONGFORD
STREET, NO. 54 MERCHANTS ROAD, EAST WALL, 23&24
MIDDLE GARDINER STREET, 22. 25,26 & 27 MIDDLE
GARDINER STREET DUBLIN 1, SITE AT BELGARD SQUARE
WEST, TALLAGHT , 25,26, 27 AND 27A MIDDLE GARDINER
STREET, CAPEL STREET, UPPER ABBEY STREET AND JERVIS
LANE, DUBLIN; HANOVER QUAY, DUBLIN, THE 62
APARTMENTS AND 6 TOWNHOUSES SITUATE AT 150-158
NORTH KING STREET, DUBLIN 7, 123-128 CHURCH
STREET, SIX STOREY OVER BASEMENT OFFICE BUILDING
SITUATE AT BOW STREET, Sugar Land company lands
(Carlow), Parkway Valley (Limerick)
, Dalymount Park, Fabrizia site(Ringsend), Sycamore
(Mount Merrion, family home), Chapter House(Dublin),
Tallaght West (Dublin), Horizon Logistics Park (near Dublin
Airport)
Bernard McNamara Moira McNamara (wife), Becbay,
Versonwood, Donatex, Radora Developments, Jerry
OReilly, David Courtney, Varleigh Limited, James
Morrissey, Michael Flannery, Davy Stockbrokers, Grattan
Property Company Limited, Michael McNamara, Ringsend
Property Limited (Ringsend Properties Limited, Davy
investors) , Lochlann Quinn, Martin Naughton, Kieran
McLoughlin, Barry OCallaghan, Paul Maloney, David
Higgins, McNamara EMS, Messina, GPC Nominees, Tourism
Ireland, Arabian McNamara, Killeshin Properties Limited,
Fenbrook, Corcoran Jennison, Pecan Properties, Terry
Sweeney, John Sweeney, Blackshore Holdings, Novorostan,

Gary Smith, Ivor Dougan, Laytar Limited, Michael Hynes,

BMcNCo, Champion Sports, Belltrap Limited, Breydon
Developments, JC Flowers Private Equity II Fund, Anglo
Irish JCF 1 LLP , Mercer Accommodation Group, Michael
McNamara & Sons Building Contractors, Gary Smith, Ivor
Dougan, Kantaka, Shelbourne Hotel Holdings, Marumba
Properties, Paschal Taggart, Terry Cooney, Shane Taggart,
Farrell Grant Sparks (Receiver, Michael McNamara
Construction), Raycastle, Cabland Limited, Glasbay
Limited, Kilbane Estates Limited, Kilmore Developments
Limited, Laytar Limited, Lesdgebrook Limited, Tandrelle
Limited, Versonwood Limited and Michael McNamara & Co,
Catherine Foy, Michael Flannery, Torriam Hotel Operating
Company Ltd, Radoo Lands Limited, Sen Lyne, Noel
Connellan, Cicol Limited, Soltura, Ashdew Limited,
Adenway, Grattenlane Limited (Jerry OReilly), Subamat
Limited, Shorelark Limited, Ashcastle Developments
Limited, Mercer Apartments Management Company,
Mercer Accommodation Group, Lindrake Developments
Irish Glass Bottle site, Shelbourne Hotel, Longboat
Quay, Burlington Hotel, Conrad hotel, Tara Towers,
Montrose Hotel (Lower Kilmacud Road, Dublin, near UCD),
Scribblestown, Elm Park apartments, Killeshin Hotel, SAS
Radisson (Radisson Blu, Galway), Parknasilla Hotel
(Parknasilla Great Southern Western Hotel), Cork
International Airport Hotel, Doha International Airport,
Ailesbury Road (FAMILY home), retail/cinema development
beside The Square (Tallaght), Uniphar Pharma (Tallaght),
Carrisbrook House(Ballsbridge), Bishops Square (Bishops
Square, Aungier Street/Upper Kevin Street), Personal
Injuries Assessment Boards headquarters PIAB (Tallaght),
Superquinn, Finglas Shopping Centre, apartment in the
exclusive Warren Street Condominium (New York), villa in
the Urbanizacion Ancion Playa (Marbella), two properties
in Marbella, Clare People newspaper, 22 Ailesbury Road
(Dublin), Tara Towers Hotel, Mercer Court and the Corrib
Village in Galway, McConnell House (?? Charlemont Place,
Dublin), Texaco House (Audi Centre, Pembroke Road,
Ballsbridge), shares in One51, Mercer Court student
accommodation (Lower Mercer Street, Dublin)
Sean Mulryan Bernadine Mulryan (wife), Ballymore, Sean
Dunne, Peter Bacon, Michael Smurfit, David Brophy,

Markland Holdings (Paddy Kelly), Paul Coulson, Ballymore

Ontario, Irish Nationwide Building Society (INBS), Kelland
Homes, The Geranger Limited, August Partners, Paddy
McKillen, Florentine Property Limited, Ballymore
International Developments, Ballymore Property Holdings
Limited, Vitely Limited (Paddy Kelly), Brambleglen Limited
and Ballymore Developments, Brian Fagan and Barry
Hickey, Arkiva, Ballymore Ireland Group Limited (Isle of
Man), Peltier Investments Limited, RQB, Paddy Kelly, Niall
McFadden, Helsingor Limited, Clearstorm (venture
between Ballymore and Irish Nationwide Building Society)
Irish Glass Bottle site (underbidder), Whitewater
Shopping Centre (Newbridge, Kildare), Pan Penninsula
(London), 1 Snowhill (London), Embassy Quarter, Kudamm
Karree Kudamm Karree ( Kurfrstendamm Ku-Damm
Boulevard Berlin), Eurovea (Slovakia), Kempinski
Hybernska hotel (Prague), Arrowhead Quay, New
Providence Wharf, Wood Wharf, Ontario Tower, Radisson
Edwardian hotel (Canary Wharf), Leamouth Peninsula,
Baltimore Wharf , 47 Citibank branches (New York), Eircom
Park Stadium, Gandon House(Amiens Street), Huguenot
House (St Stephens Green), U2 Tower, Florentine anchor
unit, 21 other shops,110 apartments and nearly 550 car
parking spaces (Bray), The Hermitage Medical Centre
(west Dublin), Snow Hill building 1 (London), Ardenode
Stud Farm (Kildare), Agusta Bell helicopter, 16-acre Unex
site (Royal Docks, London), Minoco Wharf, Manhattan
Wharf, land at Knights Road and Vanesta Wharf, Royal
Canal Park in Dublin 15, The Coast Estate (Baldoyle, north
Dublin)
Derek Quinlan Siobhan Quinlan (wife), Caroline Quinlan
(Caroline Brooks, daughter), Matthew Brooks (son-in-law),
Becbay, Quinlan Private (Avestus), Maybourne Hotel
Group, Mempal, Glen Maud, Gardenprime Limited, Golub
and Company, Paul Coulson, South Wharf PLC, Ardagh
Glass, 25 Canada Square, Propinvest, Coroin, Peter Green,
Kyran McLaughlin, U2 Dave The Edge Evans, U2 Bono
Paul Hewson, Francis Brennan, Dermot Gleeson, Gay
Byrne, Richard Nesbitt, Peter Boylan, Paul Anderson, Igal
Ahouvi, Dorea Investments, First International Bank of
Israel, Electra Real Estate, Delek, Oman Investment Fund,
Paddy Shovlin, Tazbell, Thomas Dowd, Sean Fitzpatrick, Lar

Bradshaw, Pat Doherty, BSQ, Jonathan OConnor, David

Swanton, Niall Browne, Peter Donnelly, Mainstride, SCD
Quinlan Private Balaton Development sarl (Luxembourg
registered), Donal Geaney
Irish Glass Bottle site,
Citigroup building(London Docklands), Jurys Inns,
Santander HQ (Madrid), East 64th Street townhouse (New
York), Derrymore 1&3 Shrewsbury Road(former family
home), Clarence Hotel (Dublin), Four Seasons hotel
(Milan), 47 Marriot hotels, The Estate (Knightsbridge), 27
Old Bond Street, Villa la Carriere (St Jean Cap Ferrat, Saint
Jean Cap Ferrat), land in Malibu (California), La
Commanderie, Epalinges (Switzerland), Georgia Club(US
Golf Club), Allegro site(Sandyford), Bank of Ireland
headquarters (BOI HQ), Arnotts Car Park, The Beacon
South Quarter (Sandyford), Christchurch Car Park, City
Quay Car Park, Convention Centre Dublin Car Park, Croke
Park Events Parking(Clonliffe College), DALKEY CHURCH
CAR PARK, Drury Street Car Park, Fleet Street Car
Park(Temple Bar), HAROLDS CROSS CHURCH CAR PARK,
IFSC Car Park, Irish Life Car Park(Abbey Street), Mount
Carmel Car Park, Parnell Street Car Park, Pavilion Car
Park(Dun Laoghaire), RAHENY CHURCH CAR PARK,
Smithfield Car Park, St. Jamess Hospital Car Park, Tallaght
Hospital Car Park, The Square Town centre (Tallaght), AN
SIBN PUB CAR PARK(DUNSHAUGHLIN), ARDEE TOWN,
ARKLOW TOWN, Audley Square Car Park (Mayfair, London),
Bridge Centre Shopping Centre(Tullamore), GALWAY PCCC
CAR PARK, Hynes Yard Car Park(Galway), M3 MOTORWAY
(DUNBOYNE), M3 MOTORWAY (KELLS), M4/M6 MOTORWAY
(CAPPAGH), MUCKY DUCK PUB CAR PARK (CELBRIDGE),
Parklands Car Park (Tralee), Texas Car Park (Athlone),
University College Hospital Galway Car Park, Whitewater
Shopping Centre, (Newbridge), WICKLOW TOWN car
parking, Neumarkt Galerie (Cologne, Koln, Germany), 6
Shrewsbury Road (Dublin), 43 Ailesbury Road (Dublin),
Beacon South Quarter (Sandyford), The Grange
(Blackrock), 70 Park Avenue (family home, daighter
Caroline Brooks, Sandymount, Dublin), Jamahiriya School
site (Glebe Place, London), development of hotels, villas,
lesiure facilities at Lake Balaton (Hungary), Mall of Sofia
(Sofia, Bulgaria), The Observatory (7-11 Sir John
Rogersons Quay, Dublin), Golf resort near Athens

(Georgia, USA), Palac Flora (Prague, Czech Republic)

Paddy McKillen (Patrick McKillen, Patrick Gerard McKillen)
Padraig Drayne, Maura McKillen (nee Maura
McMenamin, wife), Dean McKillen (son), Maybourne Hotel
Group, Paul McGlade, Avestus(Quinlan Private), Derek
Quinlan, Ronnie Delaney, Liam Cunningham, DC Exhausts,
Abey Developments, Dellway Investments, Fountain
Properties Limited, Canton Caseys Limited, Powerscreen
Indo-China Limited, Powerscreen Equipment (Vietnam)
Limited, Ivor Fitzpatrick, Sean McCormack, Peter Laking,
Pacific Land, Belfast Office Properties Limited, Finbrook
Investments Limited, Metrospa Limited, Berkeley
Properties, Maginotgrange, May Property Holdings, SCI 20
Place Vendome, Directdivide Trading, Submitquest, the
Forge Limited Partnership, Connis Property Services,
Formcrest Construction, Chesterfield (The Pavements)
Subsidiary, Patrick McKillen (son), Johnny Ronan, Pascal
Taggart, Clarendon Properties (Holdings), Clarendon
Property (Holdings), Tony Leonard, Leder Properties,
Deputy Tom Kitt, Geranger Limited, August Partners,
Cashel Developments Limited, Claridges Hotel Limited,
Sean Fitzpatrick, Lar Bradshaw, Pat Doherty, Anglo Golden
Circle, Maple 10 (Fitzpatrick Tapes), Powerscourt Shopping
Centre Limited, John Anthony Leonard (John Leonard),
Talmak Limited Jervis Street Shopping Centre, South Anne
Street development (Dublin),Connaught, Berkeley,
Claridges Hotel, Fosse Park (Leicester), Powerscourt
Centre/Powerscourt Townhouse Centre, Chateau La Coste
(Aix-en-Provence), Quarry(Vinh, Vietnam), Champion
Sports Group, 12 Old Bond Street (Omega), 165-169 New
Bond Street (Asprey), Captain America(Dublin), HaBiotech
(Vietnam), Custom House Square(Belfast), Covent Garden
(London), Frenchgate Interchange(Doncaster), Torquay
Road (Foxrock, family home), K Club (home), The Temple
Bar hotel (Dublin), Treasury Buildings (co-owner with
Treasury Holdings), Pepper Cannister office block(Dublin),
Savoy Centre(Cork), site (Colorado, USA), U2 Tower, 265
Franklin Street (Boston, MA), Victoria Drive (Laguna Beach,
Orange County, California), Seacliff Drive Sea Cliff Drive
(Laguna Beach, Orange County, California), Wilshire
Boulevard 401 (Los Angeles, California), Coast Highway
(Capistrano Beach, California), Habitat building

(Abercrombie Fitch, College Green/Suffolk Street, Dublin),

Powerscourt House shopping centre (South William St,
Dublin)
Treasury Holdings Johnny Ronan(John Ronan), Mary
Ronan (estranged wife), , John Ronan (son), James Ronan
(son), Jodie Ronan (daughter), Richard Barrett, Dick
Barrett, Treasury China Trust (CREO), REO Securities
Limited, Real Estate Opportunities PLC, John Bruder,
Ickendale, Decocter Limited, Havenview Investments
Limited, Castlemarket Holdings Limited (Castle Market
Holdings),Hutchison Port Holdings, CMH CMBS Borrower
Limited, CMH, Fastrock Holdings, Willie McAteer, Spencer
Dock Convention Centre Dublin Limited (SDCCD) Limited,
Construction Management Partnership (CMP), John Sisk
and Son Limited, Spencer Dock Convention Centre Limited
(2) (CCD), Swinwood Limited, Trio Group, Tamorbrick
Limited, Saundby Limited, Ballymun Shopping Centre
Limited, Drocarne, Maurice Harte, Carlton Lane Limited,
Ardquade, Ilderleaf, Ickendel Limited, Conlon family
Battersea Power Station, NAMA HQ, Spencer Dock,
Bewleys Coffee House, Malting Tower, Westin Hotel,
Central Park (Sandyford, Leopardstown ), Montevetro
(Barrow Street, Dublin), 88 Kirtling Street (Battersea),
Heather Cottage, Merchant Quay Shopping Centre,
Stillorgan Shopping Centre, Alto Vetro, 40-42 Mespil Road,
Lafayette Building (Westmoreland Street), Southbank
House (Barrow Street), Baggot Building (Upper Baggot
Street), M1 Business Park (Balbriggan), Port Bremore
(Dublin), Blakes Restaurant (Stillorgan), Ballymun
Shopping Centre, 43-49 Mespil Road, Roundwood Park
Estate, Milverton (Skerries Bay), Lands at Enniskerry, Land
at Glendruid (Cabinteely), 35 Barrow Street, 35 Henry
Street, Crampton Buildings (Temple Bar), Russel Court (St
Stephens Green), Lands at Lehaunstown Lane
(Cabinteely), Clonburris Town Centre, Lands at Kinsealy,
North Wall Quay, Nazareth Lands (Sligo), Collinstown
(Kildare), Lad Lane (Dublin), Leisureplex (Stillorgan),
Charlemont House (Glennon House, Dublin), 3 College
Green, Crescent Hall (Mount Street Crescent), 41 St
Stephens Green, Lands at East Mountain (Howth), 16
Westmoreland Street, Houses at Stillorgan Shopping
Centre, 97 St Stephens Green, 98 St Stephens Green, 99

St Stephens Green, Rear of 22 St Stephens Green, 95 St

Stephens Green, 49 St Lawrences Park (Stillorgan), 72 St
Lawrences Park (Stillorgan), Gordon Street (Ringsend),
Durrow Mews (Dublin), Network House (Barrow Street),
Stewarts Road (Battersea), Cheswick Grange and Hardwick
Grange (Warrington), Spencer Dock, National Convention
Centre, Ritz-Carlton/Ritz Carlton (Powerscourt,Wicklow),
Town Bar and Grill (Dublin), 301-bed hotel and a 54-hole
golf complex on the 377-acre Roundwood Park
Estate(Sean T OCeallaigh Sean T OKelly estate,
Wicklow),development in Tangdao Bay(Qingdao, China),
427-acre site at Milverton Demesne (Skerries, Dublin),
Ballymun Shopping Centre (Dublin), 125-acre tract of Co
Louth land, Wine St Carpark Shopping Centre (Sligo),
Connaught House (Burlington Road, Dublin 4), Dargle
Cottage (Enniskerry, Wicklow)
Michael OFlynn
OFlynn Construction, Tiger
Developments, Blackrock International Land, Victoria Hall
Student Accommodation, Shelbourne Senior Living,
Deputy Michael Martin, Westbrook Partners Elysian
Tower, Swords Business Park, Porschestrasse(Wolfsburg),
Hindenburgstrasse(Monchengladbach, Munchengladbach),
Bremen, Heiligengeiststrasse(Oldenburg),
Visteonstrasse(Kerpen), Aylesham Centre(Peckham),
Ashton Retail Park (Ashton), Eldon Road(Nottingham), St
Michaels House(London City), Harbour Island(London
Docklands), 130 Jermyn Street(London West End),
Granville Place(London NW2), Langas Logistics Park (Adazi
Latvia), Citygate (Sheffield), Drayton Dairy (Portsmouth),
Drummon Street (London NW1), Haymarket(60,000sq m of
offices, a 240-bed Travelodge hotel, and 5,400 sq ft of
retail, with 381 car parking spaces, Morrisson Street,
Edinburgh), Drumkettle (Glanmire, Cork), 435-bed student
building near Wembley Stadium in London
Joe OReilly (Joseph OReilly) Castlethorn, Chartered
Land, Paddy McKillen, Ramford, Liam Maye, John
McLoughlin, Aeval Limited, Dominic Deeney, John
Lewis(anchor, Carlton site Dublin), Teba Limited,
Crossridge Investments Limited, Castlethorn Construction,
Anglo Golden Circle, Gamine Trading Limited, Jeremiah
OReilly & Associates, Grattenlane Limited, Belltrap
Limited, Crossridge, Firth Developments, Lenridge

Properties, James Colgan, Eamon Cox

Dundrum
Shopping Centre, Killeen Castle development (golf
complex, Co Meath), Avoca (Blackrock),
Carysfort(Blackrock), Rathborne (Ashtown),
Belarmine(Stepaside), Woodbrook(Castleknock), Ilac
Centre and Swords Pavilions Shopping Centre (Pavilion
Shopping Centre), Eircom site (South King Street, Dublin),
Royal Dublin Hotel (OConnell Street), Quinta Do Lago
(villa, Portugal), Carlton Cinema site (OConnell Street,
Dublin), Grand Canal Theatre, house at Kerryland Avenue,
Kerrymount Avenue(Foxrock, Dublin), apartments at
Riverhall(Castleknock, Dublin), Adamstown Square 3
(Adamstown, South Co Dublin), 16 Moore Street (Dublin),
342 new homes in Dunshaughlin (Co Meath), land at
Skerries (Co Dublin), lands at St Josephs in Clonsilla,
properties on the southside of Dublin, including a block on
Charlemont Street and on Bishops Square, which it leases
to the Office of Public Works, Aghadoe Heights Hotel and
Spa (Killarney, Kerry), Shelbourne Hotel (Dublin), Radisson
Blu Hotel (Galway), land it owns on the Diswellstown Road
in Porterstown, near Blanchardstown, Merrion House
(Merrion Road, Ballsbridge, Dublin 4)
Gerry Gannon Margaret Gannon(wife), Gannon Homes,
Gannon Group, Michael Smurfit, Gatland Properties,
Gatland Property, Dublin Airport Authority, Ollimar
Properties, Ulick McEvaddy, Des McEvaddy, Gannon
Homes (UK) Limited, Senator Ivor Callely, Bishopscourt
Investments/Bishopcourt Investments (51% Smurfit, 49%
Gannon), Charlie McCreevy, Noreen McCreevy, Anglo
Golden Circle K-Club, 74-acre Lodge Park, Belcamp
College, Robswall development (Malahide), Plaza offices
and shopping centre (Malahide Road), Rockfield
development, Parnells GAA playing fields, National
Museum(tenant), Oldtown/Mooretown (3400 homes,
shopping centre), Malahide Marina, Hatley Manor(banks
of the Shannon), Summercove(Kinsale), apartments at
Malahide Marina Village, land banks at Dublin Airport, land
at Clontarf Golf Club and the midlands, Eglin Road
(Ballsbridge),house in the K Club, apartments in Malahide
and at Lough Glynn, St Fintans Road (family home,
Howth), 52 acres at Carrackbrack Road (Howth), property
at Elgin Road (Ballsbridge), a property in Templeogue

(Dublin), five properties on Strand Road(Portmarnock,

Dublin), two properties on Seaview Avenue(Clontarf,
Dublin), Casino House (Malahide)
Gerry Barrett (Gerard Barrett) Catherine Barrett (wife),
Edward Holdings group, Topaz, Radical, JC Flowers Private
Equity II Fund, Anglo Irish JCF 1 LLP , KH Kitty Hall
Holdings, Ashford Castle Estate Limited (ACEL) , ML
Meyrick Limited, Niche Hotels, MD Merlin Developments
Limited, Talebury Properties, Radical Properties,
Ashford
Castle, G Hotel, Enwest oil terminal, Scotch Hall
development, Edward Square development (Donnybrook,
Dublin), Hatch Hall (Hatch Street, Dublin 2), Jurys Hotel
(Limerick), Grand Canal Dock hotel, Bow Street
Magistrates court (London), Meyrick Hotel (Eyre Square,
Galway), D Hotel (Drogheda), Corrib Great Southern hotel
(Galway)
Joe Cosgrave, Peter Cosgrave, Michael Cosgrave Nadine
Cosgrave (wife of Michael Cosgrave), Denise Cosgrave
(nee Denise McDonnell, wife of Joe Cosgrave), Oonagh
Cosgrave (wife of Peter Cosgrave),Cosgrave Property
Group, Helen Cosgrave(sister), Willie Cosgrave, Paul
McGrath(spokesman), Jack Cosgrave(father, decedent),
Cosgrave Property Developments, G&T Crampton,Deputy
Joe Jacob, Deputy Joe Behan, Oonagh Cosgrave (wife of
Peter Cosgrave), Knightsbridge Properties, Knightsbridge
Property, Borg Developments Dun Laoghaire Golf Course,
West End Retail Park, Radisson SAS St Helens Hotel
(Stillorgan, Dublin), 215-219 Oxford Street (London 1.1
acres), 301-307 Oxford Street(London), Jubilee House
(Oxford Street, London), Libert Shopping Centre(Romford),
Caxton Gate retail centre (Birmingham), six properties and
nine car parking spaces on Fitzwilliam Quay(Dublin),
Sandycove Avenue East (family home Peter Cosgrave,
south Dublin), Sweepstakes complex (Ballsbridge),
apartments at Grace Park Manor (Drumcondra, Dublin), an
apartment in the Lisalea complex (Frascati Park,
Blackrock), two apartments in the Northumberlands
complex (Lower Mount Street, Dublin), apartment at
Derrynane Square (Dorset Street, Dublin), Sir Patrick Duns
Hospital (Lower Grand Canal Street), 7 Hillside Drive
(Rathfarnham, Dublin)
Second Tranche

Sean Dunne
Gayle Killilea(wife), Jennifer Dunne (nee
Coyle, ex-wife), Stephen Dunne (son, 1st marriage), Nivek
Begley (daughter-in-law to be), Ross Connolly, Mountbrook
(Mavior Limited), Mountbrook Homes, Hiberbian Life and
Pensions, DCD Builders, David Sharkey, Matsack
Nominees, D4 Stores, John Dunne(son), Warren Private
Clients, Berland Homes, David Shubotham, Paul Coulson,
Sean Mulryans Ballymore Properties, Mountbrook USA,
Mountbrook Merrion Road Development, Thomas Heagney,
Zrko Limited, Qulpic Limited, Molly Blossom LLC, Pat Kenny
(RTE), Sean Mulryan, Denis Desmond, MJBCH, Waterside
Kilcock Property Company (Isle of Man), Mavior, Barclay
Beattie and Brown LLC, Hollybrook (Brighton Road)
Management Co Limited, Waterside Kilcock Property
Company (Isle of Man), Gina Farrell Jurys Doyle site Jurys
Hotel, The Towers Hotel (Ballsbridge), Berkeley Court
hotel, Bloodstone building, Riverside, AIB
Bankcentre(Ballsbridge), Hume House (Ballsbridge),
Walford(Shrewsbury Road, family home),D4 Stores (Gayle
Killilea), Newbridge Whitewater shopping centre, d4hotel
group (Ballsbridge Inn, Ballsbridge Towers and D4
Berkeley, formerly known as the Berkeley Court Hotel), 20
acres at UCD, Goatstown(Dublin), 421 Field Point Road
(Greenwich, Connecticut CT 06830), 38 Bush Avenue
(Greenwich, Connecticut CT 06830), Charles development
in Greystones (Co Wicklow), 20A Shrewsbury Road (Dublin,
rented to South African embassy), Zed Candy factory site
(Kilcock, Dublin), Auragh ( Shrewsbury Road, Dublin),
Coneyboro (Athy, Kildare)
Paddy Kelly
Redquartz Group, Haytonvale
Developments, McCormack family, Alanis Capital, Origin 8,
Niall McFadden, RQB Limited, Redquartz Boundary Limited,
Paul Pardy. Durkan New Homes, Newlyn Group (Christy
Dowling, George McGarry, Robert Kehoe), Choice Hotels,
Frankie Whelehan, Maureen Kelly(wife), Hugh OReagan,
Dolores Barry, Patrick Dunning, Simon Kelly (son), Joanna
Kelly (wife), Pressaro Limited, Emma Kelly (daughter),
Christopher Kelly (son), John Walsh. John Kelly, Connor
Mallaghan, Swindon Investments, Jed Pierse, Fusano
Properties, John Flynn, Joe Linders, Richard Delaney, Pat
Ryan, Niall Mellon, Arnotts, Deputy Charlie OConnor, Irish
Italian Property Holdings, IIPH, Declan Cassidy, Boundary

Capital, Philip Lynch (One51), RQB Resort LP, RQB

Development LP, PerellaWeinberg Partners, Neil Durkan,
Liam Kelly (brother), Clarion Hotel Steamboat Quay Coownership Investment (John Fraher, James Kelly, Michael
Moriarty, Roddy Lyons, Michael OBrien, Tom Jones, Denis
Healy, Noel Mahony, Liam McLoughlin, Peter Cagney,
Kevin Hamell, Brian McKeogh, William Greaney, Jerry
McSweeney, Louis Bourke, Simon Kelly, Sean Lally,
Anthony Cooney, Peter Redden). Norbert OReilly, Cuffe
(Malta) Limited, Ray Byrne, Jean Pierre Ellul Castaldi,
Heuston Hospitality, Redquartz Hospitality, Gracelyn
Limited, Real Gourmet Burger, Independent Leisure
Solutions, Thomas Read, Prem, Choice, Fresh supermarket
group
Pizarro,Pragelato ski resort, Sarasota, National
College of Ireland, Clarion Hotel, Ivory Building, Maldon
Hotel, Gallery Quay, Sir John Robertsons Quay (Sir John
Rogersons Quay), Lisloughrey Lodge hotel(Cong, Mayo),
Clonmore( former family home, Shrewsbury
Road,Chinese Embassy), apartment on Morehampton Road
(family home), 47 Citibank branches (New York), Morrison
Hotel (Dublin), Fusano Development (Smithfield Market,
Dublin), Burlington Plaza (4,6,8 Burlington Road), Jurys
Ballsbridge (underbidder), Carton House golf resort
(Kildare), Sawgrass Marriott Resort (Florida), Bray Golf
Club, Tulfarris House hotel and golf resort (Blessington.
Wicklow), Gandon House(Amiens Street), former Industrial
Yarns site on the Dublin Road, Hotel Phoenicia (Malta),
Tramco nightclub (Rathmines, Dublin)
Ray Grehan
Glenkerrin Homes Limited, Danny Grehan
(brother), P Elliot Group, Ashford Partnership, The St
Lohmans Partnership, Lauderdale Limited
The Grange
apartment complex (Stillorgan/Blackrock, Dublin), UCD
Veterinary College, Ballsbridge One, Ballintyre Hall
(Ballinteer), St Edmunds (Palmerstown), Palma de
Mallorca(apartment and yacht), The Forge (Canary Wharf),
City Pride (Canary Wharf), The Arcadia (Ealing), Island
Point (Isle of Dogs, London), Crowne Plaza/Hotel St
Gregory (Shoreditch, London), Maynooth Business
Campus, The Glenroyal Centre, The Glenroyal Hotel, Coach
House Square, Techrete development in Howth (Co Dublin
next to Dart station), Windsor House (Bedford Street,
Belfast)

Niall Mellon
Knockrabo Developments, Niall J Mellon
group, Mellon Financial Service, Niall Mellon Township
Trust, Nicola Mellon (wife), Sean Dunne, Niall J Mellon
Limited (dissolved), OMalley Developments, Earthquake
Property Partners, Irish Life, Paddy Kelly, Citi Gate Glasgow
Limited Bank of Ireland playing fields at Knockrabo
House a 7.5-acre site off Mount Anville Road (Goatstown,
Dublin 14), The Voice (local newspaper group, folded),
Ferrara Quay, Seagate (Cardiff), Temple Quay North
(Bristol), St Thomas Street (Redcliffe, Bristol), The
Bridge(Glasgow), Osbourne House(Coventry), Queens
Court(Hull), Eminence (Bristol), Ropewalk(Nottingham),
Charleville Hotel, Tramco nightclub (Rathmines, Dublin),
Taylors Three Rock Hotel (Rathfarnham), Henry Grattan
pub (Baggott Street), Castleknock Marina Hotel, Spire
Court (Birmingham), Postbox(Birmingham),
Viva(Birmingham), Merchants Gate (Bristol), Essex House
(Birmingham), Temple House (Birmingham), Meridian Quay
(Swansea), The Core(Bristol), City Park (Glasgow), Marlay
Grange House (Rathfarnham), Coolmore country house
estate on 242 acres (near Thomastown, Co Kilkenny),
Cedarmount (family home, Mount Merrion Dublin)
Paddy Shovlin Landmark Developments, Beacon Medical
Group, Derek Quinlan, Patrick Fitzpatrick, Tony Fitzpatrick,
Toudic, Jud Developments, Ria Properties, Paul
McCann(Grant Thornton), Taleside Developments, Neysos
Limited, Gerry Purcell (son of Seamus Purcell), Simon
Coyle (receivers, Mazars), GVA Grimley (receivers), SkyHeli
Limited, Conrick Developments Limited Bank of Ireland
headquarters (BOI HQ Baggott St), Beacon South Quarter,
Beacon Court, Gateway(Sandyford), Morgan Hotel(Temple
Bar), Blakes restaurant (Stillorgan), One King William
Street 1 King William Street (London), 1.5 acre mixed use
development at Old Bray Road (Foxrock, Dublin)
Bovale Developments
Tom Bailey, Michael Bailey (Mick
Bailey), Bovale Limited (UK), Castle Farm Telford Ltd
Liability Partnership (LLP), Charles Collie Charlestown
Shopping Centre, Balgriffin
Noel Smyth
Anne-Marie Smyth (wife), Nigel Kinnaird,
Alburn Investments, Stewart Harrington, Ben Dunne
(client), Dunloe Ewart, Redfern Limited, Turn the Tide of
Suicide, Alburn Real Estate, Alburn Real Estate Capital,

Highcross, Gatak Real Estate, John Caldwell, Tom McFeely,

Larry OMahony, Cal Investments, Quinlan Private clients,
the McCormack family, Mercury Engineering, Michael
Semple, Bernard Doyle, David Courtney, David Simpson,
Anthaun Xavier, Alburn Tradeston, Real Estate
Opportunities, Monway Limited, Fitzwilliam Finance
Corporation Limited, Therese Properties, Arkbay, Richelle
Square shopping centre (Tallaght), Odyssey Pavillion
(Belfast), Unit three Arkle Road (Sandyford Industrial
Estate, Dublin), portfolio of 45 UK properties in Alburn Real
Estate Capital CMBS, development at Tradeston
(Clydeside, Scotland), house in Eaton Square (Belgravia,
London), Regency Apartments (Westminster, London),
Lambert Court in Eastleigh, Project House in Tottenham
Court Road, Waterdale Centre in Doncaster, Lisieux Hall
(family home, Murphystown Road, Sandyford, Dublin)
Pat Doherty
Harcourt Developments, Airscape Limited,
Henry Doherty (son), John Doherty (son), Niall Doherty
(son), Nicholas Doherty (son), Patrick Joseph Doherty
(son), Doreen Doherty (daughter), Cara Doherty
(daughter), Waterfront Enterprise Board (WEB. Jersey),
Glen, Smith and Glen Development (GSG Development),
Mike Murphy (former broadcaster) and Andrew Parker
Bowles, the ex-husband of Camilla Parker Bowles, Lindat
Developments, Titanic Island Limited, Titanic Quarter, Ivy
Wood Properties, Ivy Wood Colleges, Titanic Properties,
Titanic Investments (registered in Jersey, Channel Islands),
Dermot Desmond, Duke of Abercorn, Ken Campbell, Mike
Smith, Conal HarveyBelfast Titanic Quarter, Park West
Business Park, Royal Oasis (Bahamas), Carlisle Bay Hotel
(Antigua), Days Hotel (Dublin), The Wyndham Grand Hotel
(London), Princess on Portland Hotel (Manchester), Lough
Eske Hotel, Grand Central, Redcastle hotel (Donegal), Riga
Business Park (Riga), Sullivan Square (Las Vegas),
Kensington High Street, Esplanade Square(Jersey), a
substantial holding at nearby Citywest, which is planned
for residential development, development at North Point
near Dublin Airport, a 50% interest in the site of the
former Royal Hasler Hospital in Portsmouth, Laois
Shopping Centre (Portlaoise)
David Courtney,Jerry OReilly (Jeremiah OReilly, Gerry
OReilly) Spain Courtney Doyle (SCD), Bernard

McNamara, Radora, Messina Investments, Fenbrook

Holdings, Robert Ball, Albert Farrell, Bernard Doyle, Pecan
Properties, Terry Sweeney, Superquinn, SRH consortium,
Select Retail Holdings, Marumba, Eileen Courtney (wife of
David Courtney), Kantaka, Shelbourne Hotel Holdings,
Jeremiah OReilly Associates Limited, Eamon Shields,
Thomas Walsh, Gamine, Ashdew Limited, Gamine Trading
Limited, Dalegrove Taverns Limited, Kings Island
Developments Limited, Grattenlane Limited (Bernard
McNamara), Active Facilities Property Management,
Tabmaz Partnership (Terry Sweeney), Zorooni Limited,
Absolute Hotel Limerick Limited
Shelbourne Hotel, Elm
Park,Bishops Square (Bishops Square, Aungier
Street/Upper Kevin Street), Texaco House (Audi Centre,
Pembroke Road, Ballsbridge), Friends First (Adelaide Road),
Kilkenny Ormonde Hotel (Kilkenny), Kilcoran Lodge Hotel,
Aghadoe Heights Hotel (Killarney, Kerry), Derrynane Hotel,
SAS Radisson (Galway), Kings Island (Limerick),
Brooklodge Hotel, Harcourt Square, Finglas Village,
Tallaght Retail Centre, Faculty Building(Ballsbridge), twostorey Victorian property on Belgrave Square (family
home, Rathmines, Dublin), Superquinn, 24-acre site at
Ballymadun, Co Meath, Absolute Hotel (Limerick),
McConnell House (Charlemont Place, Dublin with Bernard
McNamara), Carrisbrook House (Ballsbridge), garda car
pound in Tallaght (Dublin)
Tom Considine, Paddy Sweeney, Gerry Prendergast Spain
Courtney Doyle (SCD), Bernard McNamara, Radora,
Messina Investments, Fenbrook Holdings, Robert Ball,
Albert Farrell, Bernard Doyle, Pecan Properties, Terry
Sweeney, Superquinn, SRH consortium, Select Retail
Holdings, Marumba, Eileen Courtney (wife of David
Courtney), Kantaka, Shelbourne Hotel Holdings,
Oberstown Developments Limited, Bandenberry Limited,
Maplefern Holdings Limited
Millennium Park
(Osberstown), garda offices in Harcourt Square, Dublin 2
Castlelands Construction John Barry, Elaine Barry,
Castlelands Construction Company UK Limited, Conor
Pyne (liquidator, OConnor Pyne)
Mallow Business Park,
The Mews (Mallow), Rose Hill (Kilkenny), Abbey Wood
(Midleton), Castle Court (Whitechurch), Castle Rock
(Midleton), Castle Park Village (Mallow), Castle Heights

(Carrigaline), Castle Park (Mallow), Caisleann na hAbhann

(Limerick), Castle White (Whitechurch), Castle Redmond
(Midleton), Tidal Basin Tower (London), helicopter, private
jet
David Arnold D2 Private, Nollaig Partnership, Liffey
Partnership, Leigh Arnold (daughter), Marcus Sweeney,
Deirdre Foley, D2 Property Management Limited, Michael
McAteer (receiver, Grant Thornton), Victoria SA, Scott
Portfolio Unit Trust, Grasmere Partnership
One
Warrington Place, Four Seasons Hotel (Ballsbridge, Dublin),
Fernhill Estate (Stepaside, Dublin), Backlands (Stepaside,
Dublin), Gortanore (Brighton Road, Foxrock, Dublin),
Woolgate Exchange (Basinghall Street, London), 1-19
Victoria Street (Westminster, London), 15 properties
leased as bank branches to Halifax, Hazelmere
(Westminster Road, Foxrock)
Second or Later Tranches
Menolly HomesSeamus Ross, Moira Ross (wife), Seamus
Ross Junior (son), Deputy Liam Lawlor, Arthur French, John
Bosco French (son), French Estates, Brisa Developments
Limited, Anglo Golden Circle, Killoe Developments, Michael
Fingleton, Menolly BV Netherlands Dunboyne Castle
Hotel, Dylan Hotel (Dublin), Drynam Hall, Beaufort, Myrtle,
K Club, Barberstown House(Clonsilla, family home),
Farmleigh Woods (Phoenix Park), properties at Harrington
Street (Dublin), Village Centre (Lucan), Lower Rathmines
Road (Dublin), Las Parcelas de Golf in Nueva Andalucia
(Puerto Banus, Spain), Drynam Hall, Beaupark and Myrtle
estates (Dublin), resort development in Kotor
(Montenegro)
Albany Homes David Daly, Mary Daly (wife), Joanne Daly
( ), Paul Daly (), Belmont Homes, Trident Homes, Rory
ODonnell, BBT (auditors), David Daly Property
Management, Kelobridge Limited, Galliard Homes Airside
Retail Park, Kelobridge, 300 new homes on the landlocked
26-acre field at Castleview (Slough, UK). Franklin
House(Pembroke Road, Ballsbridge), River Island and
adjacent store (Grafton Street, Dublin), Sans Souci clothing
boutique (Malahide), Louis Vuitton Flagship store (New
Bond Street), Greenwood (Coolock, Dublin), Prospect
Manor (Rathfarnham, Dublin), Swords Demesne (Swords,
Dublin), Swords Downs (Co. Dublin), Blanchardstown

Heath (Dublin), Castleview (Swords, Dublin), Holywell

(between Malahide and Swords, north Dublin), Clare
Village (Clarehall village, Malahide Road), Abbeystone
(between Malahide and Swords, north Dublin), 16 St
Stephens Green (Peploes Restaurant, Dublin), Torquay
Road (family home, Foxrock), 87 St Stephens Green
(Garda Inspectorate, Dublin), 18-21 St Stephens Green
(ESB International, Dublin), Estuary House, New Street,
Malahide, Co Dublin (family home)
Profile Properties
David Agar
Beacon Quarter,
Harcourt Building, Westland Park
Galliard HomesHilden Developments, Stephen Conway,
Jack Petchey, Millharbour Developments Limited,
Jefferson Hotels LLP, Jefferson Hotels (Cardiff), Jefferson
Hotels (Watford), Washington Hotels LLP, Gary McCollum,
Triland (Chiltern Street) 600 homes at the old Barbour
mill (Hilden Mill), 32-storey tower and ten-storey building
with apartments, and a hotel south of Canary Wharf
(London), New Capital Quay (London Docklands), Chiltern
Street car park residential development (Marylebone,
London West End)
Larry OMahony/Tom McFeely(Thomas McFeely)/(Laurence
OMahony)
Derek McFeely (brother), Lowe Taverns,
Aifca Limited, Tallaght Plaza Hotel Ltd, Codex Taverns Ltd,
Oakleaf Construction Ltd, Coalport Building Company
Limited, Noel McFeely, Conal McFeely, Gerard McFeely
The Square Shopping Centre, Ard Erdrad Mulhuddart,
38 acres Dunboyne, The Plaza Hotel(Tallaght), Lowe
licence, Ailesbury Road (McFeely family home), Ashbury
(Roscrea), properties on Dublins North King Street, in
Phibsboro, the Tallaght Plaza Hotel and a holiday home
and hotel in the Algarve, Cathedral Hill (Raphoe, Donegal,
Co. Donegal) The Athena apartment block on High Street
(Stratford, London)
John Flynn
Paddy Kelly, Larry Goodman, Sean Mulryan,
Coolbrook Developments Limited, Fusano Properties,
Hermitage, Eamon Fitzgerald, George Duffy Bray
Shopping Centre, Hermitage Medical Clinic (Old Lucan
Road in Dublin 20),4,6,8 Burlington Road(Dublin),
Smithfield Market Development, Lighthouse Cinema
(Smithfield Market)
Park Developments Michael Cotter (Mick Cotter), Angela

Cotter nee McInerney (wife), Manciano, Park

Developments (Industrial), Paystros Limited, Aratus,
Ambleland (Britain), Lambourne Estates (Britain),
Earlsland Corporation, Quorn Securities, Frank McInerney,
Amby McInerney, Sara McInerney, Hamilton Osborne King
(HOK), Irish Home Builders Association, Richard Barret,
John Ronan, Noel Smyth, Joe OReilly, Liam Maye
(decedent), Rathdown Light Rail, GNet, Michael Moyna
(Indigo), Muinellim,John Sisk and Son, Sispar consortium
(Park Developments and John Sisk and Son), Viscount
Securities, Wicklow County Council Carrickmines Wood,
Hyde Building (Carrickmines), Fashion City (Dublin), M50
Business Park, Glencairn (Sandyford), Mount St Annes
(Milltown), The Park (Cabinteely), Keltstown (Foxrock),
scheme at Cherry Orchard (Ballyfermot), North West
Business Park (Ballycoolin), 12 acres at Dublin Airport ,
Greystones Harbour, 438 housing units in Diswellstown
(Castleknock, Dublin), sailing club in Villefranche on the
Cote dAzur
Maybourne Hotel Group Paddy McKillen, Derek Quinlan,
John McColgan, Moya Doherty, Kyran McLoughlin, Davy
Stockbrokers Connaught, Claridges, Berkeley Hotels,
Savoy(sold)
Kimpton Vale Limited
Laurence Keegan, Mairead
Keegan (wife), Sarah Keegan, Sean Keegan, Torose
Construction Limited, Deputy Joe Behan, Kimpton Vale
Partnership
Irish Glass Bottle site, Carpenterstown
Road (family home, Castleknock, Dublin), developments at
Castleknock and Templeogue
McInerney
Thomas McInerney(decedent, founder),
Barry OConnor, Ned Sullivan, Hillview Developments
Limited, McInerney Homes Limited, McInerney Contracting
Limited, Augusta Developments Limited, William
Hargreaves Limited, Space Developments Limited, Bowey
Homes Limited, Lancing Homes Limited, Alanda Homes
Alanda (Spain), Cushnine Limited, Cone Pine Properties
Limited, Burberry Developments Limited, Aldara
Developments Limited, Ritford Limited, Radalley Limited,
Zella (Waterford) Limited, Lanby Developments Limited,
Hillview (Watford) Limited, Deputy Martin Cullen, Oaktree
Capital, Tommy Drumm, McInerney Services (treasury),
Mark Shakespeare, David Nabarro, ohn Garratt and Kevin

Lynch
The Village at Adare Manor, Broomfield Estate
(Cork), Shannon Airport runway, UCD Science buildings,
Vantage Business Park (Enfield, UK)
Fleming Group Tivway, John J Fleming Construction, JJ
Fleming Holdings, Donban, John Fleming, Noreen Fleming
(wife), Fleming Energy, Plymouth Energy LLC, George
Maloney (Baker Tilly Ryan Glennon , examiner), Patrick
Monaghan (KPMG, receiver), Michelle Fleming, Noreen
Fleming, Tom Kavanagh (Kavanagh Fennell, liquidator),
Salvesen Insulated Frames, Fusion Building Systems, Tom
Salvesen, George Maloney(liquidator, Baker Tilly Ryan
Glennon), Fuchsia Homes, Aldi, Billy ORiordan (receiver,
Pricewaterhouse Coopers), Fleming Developments UK
Limited, Fleming Homes, Sipter, Pearse Farrell (FGS), The
Fota Island Company, Moundtech Properties, Cityking
International, Fusion Structural Buildings, JJ Fleming
Construction (Sandyford) Limited, Fota Island Services,
Sipter Limited, Picerno Limited, Beara Mining Limited,
Flemar Limited, Kilronan Windfarm Limited, Fusion
Building Systems (UK) Limited, Fleming Developments
(UK) LImited, Wharfside Regeneration (Ipswich) Limited,
Brabco Ipswich Limited, Fleming Holdings USA Inc,
Rushbrooke Links Management Company Limited,
Chandlers Rest Management Company Limited,
Heatherfield Waterfall Management Company Limited,
Buttery Wall Management Company Limited, Fota Island
Lodges Limited, The Stepaside Parkview Management
Company Limited, Deburgo Management Company
Limited, Inchydoney Island Management Company
Limited, Courtmacsharry Cois Cuain Management
Company Limited, Clover Meadows Management Company
Limited, Grande Central (now Rockbrook Grande Central),
Ringport Management Company Limited, Trinity Court
Management Limited, West Cork Technology Park
Management Company Limited, West Cork Technology
Building D Management, West Corl Technology Building H
Management, Rushbrooke Centre Management Company
Limited, Castlebrack Developments, Glenard Patents
Limited, Courtmacsharry Sailing and Leisure Limited,
Stonemeadow Limited, Antowan Limited, Tarmac Fleming
(Quarries) Limited, JJ Fleming Holdings, Fleming Holdings
Worldwide,. Fleming Global Limited, John J Fleming

Construction Company, Fleming Developments, John

Fleming Properties, Biomedy Limited, Fuchsia Homes,
Fusion Building Systems, Glencairn Developments, Tanzia
Developments, Cadmaxi Trading, Rockbrook
development (Sandyford), sites in Sandyford,Boulevard
development (Sandyford Industrial Estate), Sentinel
building, Holbrook Close Billericay (England), 57-acre
site(Iowa), lodge and spa (Inchydoney, west Cork), the
Radisson Hotel (Limerick), the Sheraton hotel and golf
resort (Fota Island, Cork), 225-bedroom three-star hotel,
158 residential units and commercial units on land on
Olympic Way (Wembley stadium, north-west London),
houses at Allerton Bywater (Leeds, UK), Earls Well,
Waterfall, (Cork), Inis Alainn, Inchydoney, (Cork), Ard
Aoibhinn, Inishannon, (Cork), Cooline, Ballyvoloon, Cobh,
(Cork), Ardfield, Grange, Douglas, (Cork), College Wood,
Mallow, (Cork), Tir Cluain, Midleton, (Cork), The Glenties,
Macroom, (Cork), The Orchard, Macroom, (Cork), Ard
Sionnach, (Cork), Cois Cuain, Courtmacsherry, (Cork),
Castlerock, Castleconnell, (Cork), Clover Meadows,
(Waterford), The Pines, Cobh, (Cork), Parkview, Stepaside,
(Dublin), Buttery Court, Mallow (Cork), Rushbrooke
Centre, Cobh, (Cork)
Harry Crosbie Rita Crosbie (wife), Live Nation,
Amphitheatre Ireland Limited, Point Village Development
Limited Grand Canal Theatre, Point Village (North Wall
Quay), Gibson Hotel, Dublin Eye, Point Depot, Hanover
Quay(home), Watchtower(scuppered), Vicar Street, O2,
transport companies, Clarence Hotel, Creighton Street
development, Odeon Cinema complex
Shelbourne Development Group
Garrett Kelleher
(Garret Kelleher), Emmet OReilly, Fergus Murphy
Chicago Spire, 41.5-acre site at Kishogue, in the
Balgaddy/Clonburris strategic development zone, land at
Cooldrinagh, near Leixlip
Mohammed Al-Fayed
Harrods, Fulham Football Club
Harrods Store (Knightsbridge), Craven Cottage
(Fulham)
Hugh OReagan (Hugh ORegan)
Thomas Read
Holdings, Dashaven, Clubko, Martin Ferris (receiver), David
Hughes (receiver, Ernst and Young) 141-bedroom Morrison
Hotel (Merchants Quay, Dublin), Thomas Read pubs (eg

Ron Blacks, Searsons, Pravda), Kiltiernan Hotel Kilternan

Hotel (project, New Sping Field), 330 acres (Kilternan),
Thomas Read Cutlers (Parliament Street), former Hibernian
United Services Club (St Stephens Green), Diamond Coast
Hotel (Enniscrone, Co Sligo)
Simon Kelly
Joanna Kelly (wife), Paddy Kelly (father),
Redquartz Limited (Red Quartz), Alan McCormack, Karl
Dunne, Coolbrook Developments, Coolbrook Limited, John
Flynn, Prem Group, Premier Office Centres, Alson Woods
International Limited, Vara Nominees Limited, Sunstreak
Properties Limited, KF Internet Software Limited
Thomas Read pubs, Gallery Quay, Clarion Quay,
Sanovitae Gym chain, Junction (Foley Street, Talbot
Street), 4,6,8 Burlington Road (Burlington Plaza), Tara
Street, Sandyford development, Days serviced apartments
(Dublin, Manchester, Liverpool, Bristol, Nottingham), Irish
Nationwide centre (Camden Street), The Biz Superstore,
Emex, The Old Rectory, Dunganstown (family home,
Wicklow)
John Flanagan (John D Flanagan), Gerard Lillis (Gerry Lillis)
Atlantis Developments Limited, Liscannor Properties,
Ted Joyce, Jaguar Fund
Ballykilty Manor Hotel and
Holiday Complex(Clare), Peacockes Hotel (Maam
Cross,Galway), Tr Gan an House Hotel and Holiday
Complex (Doolin, Clare), the Smerwick Harbour
Hotel(Dingle, Kerry), Burren Coast Hotel and Holiday
Lodges (Ballyvaughan, Clare), Cliffs of Moher Hotel
(Liscannor, Clare), Joseph McHughs pub (Liscannor),
Ballyvara House (Doolin), land at Quin, Co Clare.
Michael Kelly Glandore Partnership, Glandore Business
Centres Hume Street Hospital(Hume Street, Dublin)
Dublin Docklands Development Authority (DDDA) North
Wall Quay/Mayor Street Management Limited, Becbay
Limited, Grand Canal Harbour Management Company
Limited, The Jeanie Johnston (Sailing Ship) Limited,
Custom House Quay Event Limited, Dublin Docklands
Affordable Housing Limited, Shelbourne Plaza (Block B)
Management Company Limited, Butlers Court (Black B)
Management Limited, Professor Niamh Brennan, Michael
McDowell(husband), Donal OConnor, Paul Maloney, Neil
Mulcahy, Wilson Hartnell PR, Sean FitzPatrick, Lar
Bradshaw, Mary Moylan (Department of the Environment),

Declan McCourt (Bank of Ireland), Angela Cavendish

(Alexsam Corporate Finance), Donall Curtin, Niamh
OSullivan ( Arup), Joan OConnor, Irish Glass Bottle site,
Anglo Headquarters HQ (North Wall Quay, Dublin)land in
the Grand Canal Harbour area, Grand Canal Square, Grand
Canal Theatre, chq building, Jeanie Johnston ship, Liffey
island, Jones Oil site, Readymix site
John Ronan
Johnny Ronan (father), Ashwalk Limited
property at junction Appian Way and Upper Leeson
Street
Pierse Construction Applegreen and Top Oil, Superstop
Consortium, Pierse Building Services, Pierse Contracting,
Pierse Homes, Ged Pierse as Civil Engineering, Building
and Marine Contractors, Norbert OReilly, Shearwater
Developments, Charles Norbert OReilly, Ferghal ONolan,
Kieran Duggan, Martin Murphy, Remayne, Birmayne,
Paddy Kelly and family, Redquartz Boundary, Campshire,
City Quay, City Arts, Eamon Duignan, John McCarthy, Mall
Developments, Pierse Santry Cross, David Hughes Luke
Charleton (receiver, Ernst Young) Bray Town Centre,
(Wicklow), Carrickmines Manor (Glenamuck Road, Dublin),
Collaire Court(Callan, Kilkenny), Eden, Residential
Development(Blackrock, Cork),Gallery Quay
Apartments(Dublin), Marrsfield(Clongriffin), Santry Cross
Hotel and Apartment Development(Dublin),
Shearwater(Kinsale, Co Cork), Silverglen, (Mountmellick,
Co Laois), Swords Central(Dublin), The
Greens(Thomastown, Kilkenny), UCD Student
Accommodation (1800 student bedrooms, Dublin), East
Point Business Park, the Earlsfort Centre, AL Goodbodys
corporate offices, Carton House Hotel and O2 corporate
offices, an extension to Cork University Hospital, the
Department of the Environment headquarters in Wexford,
motorway service stations on the M1 at Castlebellingham
in Co Louth and at Lusk in Co Dublin, and on the M4 at
Enfield, Co Meath, the Dublin Civic Offices, the British
embassy, the Conrad and Carton House hotels and several
buildings in the Dublin Docklands, Clarion Hotel (Dublin),
Project Arts Centre (City Quay, Dublin), Swords central
complex (a mixed retail and commercial development,
north Dublin), former Prem Group Hotel (Santry), Cahill
Printers site (East Wall Road, Dublin)

The Beetham Organisation

Sergei Polonsky, Mirax, BDO
Stoy Hayward (Administrator), Mapfield Properties, No 9
Aldgate One Blackfriars Road (London), Trinity(London
EC3), 301 Deansgate (Manchester), West Tower (Brook
Street, Liverpool), 10 Holloway Circus (Birmingham),
Radisson SAS Hotel(Liverpool), 111 Old Hall
Street(Liverpool), 101 Old Hall Street(Liverpool), Campbell
Square, (Duke Street, Liverpool), Cable House (Cheapside,
Liverpool), Beetham Plaza (25 The Strand, Liverpool)
Jerry Conlon, Gerry Conlon, Gerry ConlanMount Carmel
Medical Group, Dermot ORourke, Harlequin Healthcare,
Niall Donnelly (Chief Executive), Mount Carmel Medical
Group Properties (South Dublin), Anglo Golden Circle,
Quinby Holdings Limited, Mount Carmel Medical (Kilkenny)
Limited, Philip Lynch, Conor Gunne, Richard Godsil, Quinby
Properties, Johnny Ronan, Ickendel Limited
Millennium
Business Park (Kildare), maternity hospital (Rathfarnham),
Aut Even Hospital (Kilkenny), St Josephs Hospital (Sligo), ,
Mount Carmel hospital (Churchtown, Dublin), European
Golf Club (Brittas), 18 apartments at Haddington Road,
Dublin, Bewleys coffee house building (Grafton Street,
Dublin)
Bryan Cullen Precinct Investments Limited, Patrick
Coyle, Gresham Hotel Group PLC, John Delaney and
Stanley Watson
Gresham Hotel (Dublin), Metropole
Hotel (Cork), Park Inn (London), Jurys and Tower hotels
(Ballsbridge)
McCabe Builders
Western Gulf Advisory (WGA), Ashan
Ali Syed, Mary McCabe, John McCabe, Paddy Kelly, John
Walsh, J&M McCabe Properties, Anglo Golden Circle, Maple
10 (Fitzpatrick Tapes), McCabe Builders (Dublin)
Marriott Hotel (Ashbourne), Heritage Centre(Phoenix
Park), Ardmore Hotel (Dublin), Sarasota (Florida), Abington
Estate(Abingdon Estate, Malahide), Chartbusters, site at
Arlington Street (St Jamess, London)
PBN Property Paddy Kearney (Patrick Kearney), Neil
Adair, Brian McConville, Anglo Golden Circle Carryduff
Shopping Centre (Belfast), Clarion Hotel (Carrickfergus),
The Shore (Carrikfergus), shopping centres (Glasgow,
Middlesborough, Eccles), Woodland Manor flats (South
Belfast)
Frankie Whelehan Choice Hotels group, Harry Crosbie,

Paddy Kelly, Peter Cashman, Kasterlee, Carvanna

PropertiesGibson Hotel (Dublin), Clarion hotels (IFSC,
Dublin Airport, Carton House, Liffey Valley), Comfort Inn
(Wiesbaden, Frankfurt, Germany), Comfort Inn (Augsburg,
Germany), Clarion Suites Limerick
Whelan Group Whelan Group (Ennis) Limited, Whelans
Limestone Quarries (Contracts) Limited, Whelans
Limestone Quarries Limited, Whelans Quarries
(Carrigtwohill) Limited and Shannon Explosives Limited,
Carl Dillon (liquidator, Moore Stephens Nathans), Whelans
Asphalt Products Limited, CW Shipping Limited, Staleen
Property Company Ireland Limited, ICC Venture Capital
Partners, Patrick Whelan (founder), Enda Whelan, Brian
Whelan, Uniform Construction Limited, Christina Whelan,
Horwath Bastow Charleton (auditors), John Dixon, Irish
Bitumen Products Limited, WPH (Property) Limited, WPH
(Quarries) Limited, Irish Road Surfacing Equipment
Limited, Keshtem Limited, Whelman Constructors Limited,
Neil Kelly Quarry at Copstown (Mallow, Co Cork), Quarry at
Carrigtwohill (Cork), Quarries in Ennis, lands at Kildysart
(Co Clare), Quarry at Ballyorgan(Limerick), Quarry at
Kilrush (Clare), Quarry at Glanworth (Michelstown, Co
Cork), Quarry at Lecarrow (Roscommon), 14 acres and
house at Caherboy, 11.7 acres and house at Newmarket
on Fergus, 25 acres of forestry at Kildysart, Kildysert
(Clare), 210 acres and house at Cahercon, Land at
Cahercon Pier, Lands at Kilimer, House at Mountpelier
(Limerick), House at Dalys Cross, Dalys Cross
(Roscommon),
Hanly Group Alan Hanly, Albert Hanly (Bert Hanly, Bertie
Hanly), Laragan Developments, Paul McCann(Grant
Thornton, examiner), Laragan Holdings, Sagamu
Developments, McStay Luby (receivers), Hanly Brothers
Limited, Lough Rynn Castle Limited, Clement Gaffney,
Lough Rynn Castle hotel (Leitrim), Kilronan Castle
hotel(Roscommon), Milners Square Milners Square
(Shanowen Road, Santry, north Dublin) 9.6 acres at
Glenamuck Road (Carrickmines, south Dublin),
Carrickmines Green development, Rocky Valley Crescent
estate (Kilmacanogue, Co Wicklow)
Paddy Doyle
Arcadia Developments, Mellview Estates,
Mellview Properties, Mellview Contractors, Lyndonbarry

Properties, Lyndonbarry Estates, Pat McCann( receiver,

Grant Thornton)
land in Athlone, Louth, and Santry in
Dublin.
Paddy Burke Builders Limited, Paddy Burke (Builders)
Limited Michael Nagle (auditor, Ennistymon), Horwath
Bastow Charlton (receiver)
22-unit housing
development in Shannon, pub and to lands at Shannon
airport and at Ballybrit in Galway, the Clare County
Museum, the Burren Art College, the Doolin Hotel, Kilkee
Bay Hotel, commercial projects in counties Clare, Galway,
Tipperary and Limerick, and a number of housing
development projects
Ger ORourke Chieftain Construction, Chieftain City
Campus, Chieftain Developments, Chieftain Construction
Holdings, Chieftain Global (Tripoli, Libya), Sean OSullivan,
Gearoid Costelloe (receiver, Grant Thornton) projects in
Ireland, Britain, the US and South Africa, Coonagh Cross
retail park (Limerick), 17-storey, 50 million hotel
development next to Lime Street train station in central
Liverpool (UK),
projects in Libya, 75 million, 35storey apartment
development in Chicago, Ballyclough (family home, Co
Limerick)
Portlaoise GAA Club Firestone Developments Limited
OMoore Park (Fr Browne Avenue, Portlaoise), Park
Ratheniska
Peter Curistan Anne Curistan (wife), Marian Curistan,
Sheridan Group, Kieran Wallace (receiver, KPMG), Sheridan
Millennium Limited, Marcus Ward Limited, Peter Robinson
(First Minister, Northern Ireland), Dessie Mackin, Peter
Holmes, Quito Developments, Cambourne Investments
(British Virgin Islands), Century City Limited IMAX cinema
(Bournemouth), Parnell Centre (Dublin), Odyssey Pavillion
(East Belfast), Multiplex cinema (Dublin Road, belfast), a
multi-storey car park and three shop units at the Tannery
Building in Belfast city centre.
Patricia Joyce, Thomas Joyce, Tom Joyce Thomas S Joyce
and Sons Limited, Summervill Partnership
Summerville
House, Rosbeg (family home, Westport), 26 houses at a
former church site (lands between Springfield Drive &
Woodpark Avenue, Cloonmonad, Wesport, Co Mayo), 81-99
Kings Road (Chelsea, London)

Terry Devey
Heritage Properties, Andre Wejchert, Gerry
Fagan, Martin Carroll,James McDonnell, Birchford
Investments, Devey Group,Lar Byrne, Guardian
Healthcare, Kieran Wallace (receiver, KPMG) Jameson
Distillery building (Smithfield, Dublin), Smithfield Village
(Smithfield, Dublin), Old Distillery Museum, Chief ONeills
Hotel, Ceol, Grand Canal Dock hotel, 330 apartments on
the site of a former engineering premises on Shanowen
Road, Santry, Dublin 9, Grand Canal Theatre, a chain of
nursing homes in Leinster (four residential care homes in
Louth, Kildare, Meath and Dublin)
John McCann McEnaney Construction, Tom Kavanagh
(receiver, Kavanagh Fennell), Castleway Developments,
Broadway Capital, Jim Osborne
M1 Euro Park, ( 90acre site outside Dundalk), completed projects in
Balbriggan in north Dublin and an unfinished housing
development in Carrickmacross, Co Monaghan,
Crossmaglen, Co Armagh, but is understood to be based in
Switzerland, Xerox Technology Campus in Dundalk, the
Orion Business Park in Blanchardstown in Dublin and a
business park in Co Antrim, Killin Park Golf Club in Dundalk
and a business park in Philadelphia in America, Ropewalk
Shopping Centre ( Warwickshire)
Stephen Harris McEnaney Construction, Tom Kavanagh
(receiver, Kavanagh Fennell), Castleway Developments,
Broadway Capital, Jim Osborne
Twelve Hotel in Barna
(Galway), a share of an undeveloped site in Ennis, Co
Clare, 450 million plan for Mervue, on the outskirts of
Galway, a one-bed apartment close to Rockefeller Plaza in
New York, helicopter from Eddie Irvine, Galway Bay FM
buyout, Fionnuisce estate in Doughiska, Co Galway,
development of apartments at Fionnuisce, Co Galway
Greenband Investments Paul OBrien, Mary Moran,
Kilminchy Holdings, Mount Kennett Investment, M.K.I.
Property Investments, Oyster Developments Limited
Showgrounds Shopping Centre in Clonmel
(Tipperary), Westbury (Corbally, Co Clare), properties on
Sarsfield Street and Patrick Street in Limerick city, the
Grand Central Cinema, a shopping centre in Annacotty,
and five retail units at Castletroy Court
McCormack family Angaton Properties, Alanis Capital,
John McCormack, Breeda McCormack (wife), Alan

McCormack (son), Brian McCormack (son), Niall

McCormack (son), Paddy Kelly, David Arnold, Lar Bradshaw
and Derek Quinlan, Nollaig Partnership, Dermot Gleeson
SC, Marcus Ryan, Patricia Ryan (wife), Parsinna Limited,
Panoramic Investments, Bernard Duffy, TBD property
group, Alanis Limited, International Airport Hotel Limited,
Adelphi Way Developments & Investments Limited,
Frankie Whelehan, Paul Pardy offices of the Revenue
Commissioners(Tallaght), Carton House in Co Kildare, the
Square in Tallaght, Clarion Quay in the IFSC, Dublin and
the Royal Exchange Building in London, Metquarter
shopping centre in Liverpool, Four Seasons Hotel in
Ballsbridge, Dublin, Donnybrook, Dublin (family home),
Monkstown, Co Dublin (family home), Clarion Hotel (Dublin
Airport)
Pat Whelan (Patrick Whelan) Steamboat Developments
Limited, Pat Chesser (Patrick Chesser), Cunningham Walsh
& Associates (auditors), Paul Hanby, Jon Gershinson/Simon
Davidson (receivers, Allsop (Allsops)) , URS Corporation
Limited 16-storey Clarion Hotel in Limerick city
overlooking the river Shannon, property development in
Earls Court (Earls Court, London), Odeon Cinema
(Leicester Square, London)
Richard NesbittMadeleine Nesbitt (wife), Nesbitt
Acquisitions, Arnotts Holdings Limited, Boundary Capital
(Niall McFadden), Anglo Irish Bank, Paladin Capital
Group(Mark Schwartz), Ulster Bank, Paddy Kelly, Keith
Edelman, Michael Nesbitt, Tobias Nanda, Stephen
Haughey, Art Holdings, Arnotts
North Quarter
750m redevelopment of a 5.5-acre block bordered by
Henry Street, Middle Abbey Street, Liffey Street and
OConnell Street
Carey Group PJ Carey Contractors Limited, Joe OHagan,
Carey Group PLC, Seneca Environmental Solutions Limited,
PJ Carey Plant Hire (Oval) Limited Ballymun
regeneration, The Waterfront Lakeview (Wixams, Bedford),
The Oaks (Buckingham Park, Aylesbury), Phoenix
Apartments (Watford), New Aspects (Broughton Gate,
Milton Keynes), Limes Park (Basingstoke), Redhouse Rise
(Priory Vale, Swindon), Ikea Store (Dublin), London 2012
Olympics
North Quay Developments Limited Michael Allen, Declan

Stone, North Quay Property Company Limited Bridgewater

Shopping Centre (Arklow)
Michael Crean Paddy Kelly, Sean Dunleavy, Hugh
McGivern property in Lusk, property in Cashel,property in
Trim
Tom McEvaddy Lorraine McEvaddy (wife), Nexus homes,
Tom McEvaddy Property Company Limited, Nexus
Property, Tom McEvaddy Property Company Ltd (Nexus
Homes), Bront Construction developments at Thornbury
in Barna, Croit na Mara in Salthill and Bramley in
Oranmore, site in Sandyford, Dublin for 51 apartments,
Galway United Football Club
Richard Caring International Clothing Designs 20
Grosvenor Square (London, US Naval Base)
John Lally Lalco, Sova Properties
FAAC
Electronics(Sandyford), Humewood Castle (Wicklow)
Capel Developments
Edward Keegan, Liam Kelly, John
OConnor, Verdon Hall, Natworth, Potquality Investments,
St James Developments Sandford Lodge(Ranelagh),
Rathborne(Ashtown, Dublin), Lyndon (Blackrock),
Dunstaffnage (Stillorgan), Orwell Park(Rathgar),
Hazelbrook Square(Churchtown), Sunday World site
(Terenure),Portmarnock Hotel and Golf links (Portmarnock,
Dublin unrelated to the older Portmarnock Golf Club
members course)
David Kelly
Chris Kelly, RQB (Diswellstown) Limited
property in Castleknock
Chris Kelly
David Kelly, RQB (Malahide) Limited
property in Malahide
Phil Reilly Rockmill, Shannon Homes (Drogheda), Shannon
Homes (Construction)
Southgate shopping centre
(Drogheda)
McAleer and Rushe (McAleer & Rushe) Dunloe Ewart,
Seamus McAleer, Eamonn Laverty (Eamon Laverty,
Eammon Laverty, Eammonn Laverty), Mary Laverty,
Martin Magee, Stephen Surphlis, James Higgins, Keystone
Lintels, Keystone Roof Windows, Jermon Developments,
McAleer & Rushe Construction Limited, McAleer & Rushe
Residential Limited, McAleer & Rushe (Civil Engineering)
Limited, London Road Estates Limited, Lavangna Limited,
Conmurry Developments Limited, Flatmile Limited, College
Court Properties Limited, London Road Apartments

Limited, Louisville Properties Limited, Westland Estates

Limited, Aire Commercials (Leeds) Limited, Aire
Commercials Limited, Albion Inns Limited, Aldergrove
Airport Hotel Limited, Baker Street Investments Limited,
Baker Street Unit Trust, Bedford Street Developments
Limited, BH Commercials (NI) Limited, Bramall
Development Limited, Carnegie Inns Limited, Castlefarm
Properties Limited, Clandeboye Developments Limited,
Collegian Property Limited, Cookstown Developments
Limited, Coolatinney Developments Limited, Dancelane
Limited, Destrina Limited, Drumcairne Properties Limited,
Drum Road Estates Limited, Drum Road Properties Limited,
Flamewall Limited, Fleming Inns Limited, Forest
Commercial Management Limited, Forest Commercial
Limited, Forest Inns Limited, Glandor Limited, Glenastar
Limited, GNT Properties Limited, Kildress Estates Limited,
Timec 1205 LLP, Timec 1208 LLP, Timec 1206 LLP,
Leicester Square Investments Limited, Lowscroft Limited,
M&R Estates Limited, McAleer and Rushe Holdings Limited,
McAleer and Rushe Properties Limited, MRDE Limited, MRP
(Baltic) Limited, MRP (Blackfriars) Limited, MRP
(Bournemouth) Limited, MRP (Finance) Limited, MRP
(Lancefield) Limited, MRP (Portsmouth) Limited,
Mullaghmoyle Developments Limited, Norham House 1138
Limited, Pentonville Properties Limited, Timec 1209 LLP,
Plymouth Inns Limited, Pride Park Inns Limited, St James
Gate Development Limited, Swiss Centre Limited, Taelos
Limited, Termon Developments Limited, Waterfront Inns
Limited, Westland Developments (NI) Limited, Westland
Estates Limited, Westland (Sheffield) Limited, Wilmar
Leisure
2-14 Baker Street, Swiss Centre (London),
Charlotte Place (Southampton), Swiss Centre(Leicester
Square, London), Premier Inn (Gatwick), Millennium Quay
(Gateshead, UK), 10 Portman Square (London W1), 99
Baker Street (London), 46-49 Blackfriars Road (London),
Stanhope Road (Portsmouth), St Pauls (Bournemouth), City
View (Brighton), City Wharf (New Bailey Street,
Manchester), Corporation Street (Ringway, Preston, UK),
Furnival Square (Sheffield), City Square House (Leeds),
Central Park (Leeds), Newgate Centre (Newcastle-uponTyne), Lancefield Quay (Glasgow), Bedford Square (Phase
2, including HQ for Invest Northern Ireland, Belfast),

College Court (Belfast), Corporation Street/Tomb Street

(Belfast), Great Victoria Street (Belfast), Hillsborough Golf
and Country Club (Belfast), Favor Royal Hotel and Golf
Resort, Favour Royal (Co Tyrone), Retail Park (Trim Road,
Navan, Co Meath), Hotel at Newtown Road (Waterford), W
Hotel (Swiss Centre, Leicester Square, London)
Kenny Group (Galway)
Kenny Developments & Co
Limited, Model Investment Partnership, Kenny Business
Parks
John ODolan (decedent) Eileen ODolan (wife)
Galway
City Hostel, Island of Ireland (World development, Dubai),
Island of England (world development, Dubai), apartment
at Centria Condominium (midtown Manhattan)
Brendan Flood Burnley FC Football Club (director), Modus
Corovest, Modus Ventures Limited, Trinity Walk Wakefield
Limited, Modus Properties (Wigan) Limited, Mike
Riddell,Passion for Perfume, Richard Fleming, Brian Green
and Paul Dumbell (joint administrators, KPMG)
Trinity
Walk shopping centre (Wakefield), Houndshill Shopping
Centre (Blackpool), Grand Arcade Shopping Centre
(Wigan)
Belmayne Ireland LimitedDonal Caulfield and Leo
Meenagh, LM Developments, David Hughes (receiver,
Ernst and Young), Vue Three Sixty, Stanley Holdings, Kitara
Limited Belmayne development on the Malahide Road in
Dublin, Silverdale House in Castleknock (family home)
Deerbay Properties Limied
Simon Coyle (receivers,
Mazars), Woodford Developments, Clive Kilmurray, Cove
Capital Partners, Bill Kilmurray, Sonas Centre Limited
(Sonas Consortium), Roy Dixon, Robert White (jeweller),
Norman Turner,
Northwood Business Campus
(Northwood Court, Northwood, Santry, Dublin)
Jim Mansfield Sean Whelan, John Glynn, Anne Mansfield
(wife), PJ Mansfield, Jim Mansfield Jr (son, James
Mansfield/Jimmy Mansfield), Tony Mansfield, HSS planthire,
Citywest Productions Limited, Mansfield Group, BHK
Nominees Limited, Ben Dunne, Ronan Hannigan and
Colman Bermingham, Martin Ferris (receiver), Paddy Reilly,
Dalata Limited, Pat McCann, Park Associated Parke
Associates (Isle of Man), George Maloney (liquidator, Baker
Tilly Ryan Glennon), Dunbeg (Isle of Man), Fanmore (Isle of
Man), Bridford Developments, Landsdowne Francs,

Longborough Aviation Inc Trustee (Wilmington, Delaware,

USA), Fallowvale Limited, Jeffel, Park Associates Ltd
Citywest, Citywest Institute of Education, Citywest
Hotel, Palmerstown House (Kildare), Weston aerodrome,
Finnstown Countryhouse hotel(Lucan), Tassagart House
(Saggart, Dublin, family home), 1993 Cessna Citation
Executive Jet
P Elliot Group Elliott Holdings Limited, Sammon,
Homemakers, Woodskills, Steelskills, AMG Alurage, FCC
Construction SA of Spain, Flag Properties Limited, P Elliot
and Company Limited, Stream Residential Partnership, Ray
Grehan, Glenkerrin Homes, P Elliott and Company
(Northern Ireland) Limited, Allied Irish Bank, Interserve plc
and FCC Elliott, Dewside Limited, Kieran Wallace and
Cormac OConnor (receivers, KPMG)
The Irish Times
old headquarters on DOlier Street in Dublin, Homemakers
store (Dublin Road in Cavan town), St Patricks teacher
training college in Drumcondra, Department of Defence
building in Newbridge, Co Kildare, cute Hospital for the
South West of Northern Ireland, PriorsGate (Tallaght),
Residential Site at Stepaside, Co Dublin, Kilcock
Residential Site, Carrington, Northwood, Santry, Dublin 9,
York Street, Belfast, Mixed Development Site at Pullamore
Far, Cavan, Cavan Retail Park, Lakeland Retail Park, Cavan,
Pullamore Business Park, Cavan, Newcourt Shopping
Centre, Cavan, Townspark Centre, Cavan, Verschoyle
House, Mount Street, Dublin 2, Cookstown Court, Tallaght,
Dublin 24, Units at Ballymount Industrial Estate (Dublin
12), Units at Bray Business Park, Units at Donore Industrial
Estate, Drogheda, Digital Hub Project, Thomas Street,
Dublin 8, Jamestown Road, Affordable Housing Initiative,
Inchicore, Dublin 8, Local Management Services Board,
Ushers Quay, Dublin 8, Herberton Regeneration of
Fatima Mansions Project, Rialto, Dublin 8, Windsor House
office block on Belfasts Bedford Street
Naus Group
Ronan Mellett, Connaught Square Limited,
Neil Mather (administrator, Begbies Traynor), Myles
Crofton hotel, office and retail development at former
Harrison Drape building in Digbeth (Birmingham),
Ashbourne Town Centre (Co Meath), six-acre Barrow Track
(Carlow town, Carlow), 4.5-acre Connaught Square Limited
site in east Birmingham

Dublin Airport Authority (DAA) Declan Collier (CEO), Ray

Gray (Financial Director), Paul Kane (communications
director), Gary McGann (former chairman),Brooklyn
Properties Limited (Bernard McNamara), Gatland Property
Limited (Gerry Gannon), Turckton Developments Limited
(Liam Carroll), Monaer Cork Limited (Liam Carroll) 20-acre
former Parnells GAA club ground close to Dublin Airport,
80 acres south of Dublin Airport including a business park
development, a business park close to Cork Airport
Howard ODonovan/Joe ODonovan Rydell Properties
Limited, Padlake Limited Wilton Shopping Centre (Cork),
ABC Cinema Site (Royal Tunbridge Wells, UK), Capitol
Cinema in the Grand Parade in Cork city centre as well as
a major mixed use development in the suburban village of
Glanmire, Stapleton House, (Oliver Plunkett Street, Cork)
Arnosford Limited Paul Browne, Browne Corporate
Finance Limited, Leoville Limited(lessee), Aiden Murphy
(receiver, Horwath Bastow Charleton), Killerig Hotel
,Killerig Country Club Rentals, Paul McCarthy, Niall Coffey
golf lodges at Kilkea Lodges, Kilkea Castle, Kilkea
(Kildare), Killerig Resort (near Tullow in Co Carlow)
Jim Monahan (James Monahan, James Monaghan)
Mondale Developments Limited, Panimine Limited
Broomfield Court in Shankill (Dublin), Glandore Court
in Monkstown (Dublin)
Rathdrum Properties Limited Ailish Monaghan, James
Monaghan
the development of a 40 bedroom hotel at
Brewery Lane (Rathdrum) , a library, shopping units,
offices and incorporating an existing pub at 22 Market
Square/Main St (Rathdrum), development of 64 homes
including town houses, duplexes and apartments at a site
adjoining Main St (Rathdrum)
Tony Delahunt AS Delahunt Limited
Frederick J Sutton Limited
20 Main Street, Rathdrum
(Wicklow)
Regeneration Developments Limited
Anglo Irish Bank
(50%), Suneil Sharma, Varsity Estates Limited, Sam
Morrison, Gary McDowell, Pat Kearney, Jerry OReilly, David
Courtney Opera Centre (Limerick)
Denis McCoy and John Tierney Faxhill Homes, Michael
Lowry, Ben Dunne, Drumaville consortium
Sunderland
Football Club

P & S Kavanagh (Thomastown) Limited GBC Supermarket

Limited, TD ONeill accountants (Lapps Quay, Cork)
Super Valu Supermarket/garden centre at
Cloghabrody (Dublin Road, Thomastown, Kilkenny)
Alastair Jackson
Eassda Group, Eassda Limited, Botha
Limited, Tarajan Limited, Naviasky Limited, Eassda Ireland
Limited, Keygo Properties Limited Moyvalley Hotel and
golf resort (Kildare), New Forest Golf Club (Westmeath),
Balyna House, Gleann Riada estate (Longford)
Walsh group
Ricky Walsh (founder)
55 units at
Copper Point estate (Air Hill, Schull, Cork)
Neil Durkan
Durkan New Homes Limited, DNH, Harcourt
Terrace Limited, Durkan Ireland, Devondale Limited
Harcourt Terrace Garda Station (Dublin), affordable
housing applicants at Kiltipper, Marlfield, Deerpark,
Rathcoole, Rosse Court, The Belfry and Rath Gael
Sean Kelly
Veronne Kelly (wife), Bolands Mill
Development Company, Versus Limited, Farrell Grant
Sparks (auditors), Benton Property Holdings Marys
Abbey offices (Four Courts, Dublin), 62 Ailesbury Road
(Dublin), offices and hotel (Barrow Street, Dublin), Bolands
Mill (1.73 acre site at Grand Canal Dock, Dublin 4),
Adelaide Square apartment development in Dublin city
centre and The Capel Building office block. It also has
interests in England., Fallapit Estate (Devon, residential
complex boasting luxury homes and grounds in an historic
estate setting)
Bowen
John Bowen, John McStay (liquidator, McStay
Luby), Bowen Construction Limited (UK), Zolfo Cooper
(administrators), Barry Crowley, Don Brockie Cork Airport
Business Park, the Luas extension to Cherrywood, Co
Dublin, and the final section of the M7 motorway.
Jermon Developments
Peter Dolan, Jermon Group,
Jermon Estates, Jermon Limited, Chris Morgan Dumbarton
Town Centre, Fanum House (Belfast), Mezokovesd Airport
(Hungary), site in Czestochowa (Poland), Lahara Retail
Park (Larne), Killymeal House, Ormeau Gasworks (Belfast),
Springhill Shopping Centre in Bangor, the Clarendon
House office block in Belfast, a shop unit at Castle Place in
Belfast and two properties in the centre of Dungannon,
Agusta A109A Mk2 helicopter, Augusta A109A Mk2
helicopter, Northern Irelands first purpose-built Tesco in

Dungannon, Strabane Retail Park

Robert Butler Robert Butler Holdings Limited, Robert
Butler Group Limited, Dooradoyle BT Properties,
Hollowfield Developments, Bluefort Properties, Millgrove
PropertiesAnglo Irish Bank House (Henry Street, Limerick),
properties in the Shannon Free Zone and the National
Technology Park (Limerick), Winterwood at Adare Manor
(family home, Limerick), 15m Hanging Gardens
development at the site of the former GPO on Henry Street
Thompson DevelopmentsThompson Lennox, TB Homes,
Ballybreeze Estates, Redcliff Properties, Sam Thompson
sites in Beragh (Sixmilecross, Tyrone), Ballagh Road
(Fivemiletown, Tyrone), Cooley Road (Sixmilecross,
Omagh, Tyrone), Drumnabreeze House, Magheralin (family
home, Craigavon), Brooke Hall (Loughbrickland, Dromore),
Cambric Court (Hillsborough Road, Dromore)
Moormac Developments Limited
Michael McKenna
(Mike McKenna), Moormac Developments Stake at Tralee
(greyhound racing) The Abbey Tavern public house in
Abbeydorney, St Michaels Green estate and an
undeveloped site in Lixnaw, Killahan (family home,
Abbeydorney, Co. Kerry)
Fergal McAlinden
Lavelle and McAlinden
a partially
built apartment block on the Crumlin Road (Belfast), 57
houses at Dawsons Demesne, Ardee (Louth), development
at Malahide Road (Swords, Co Dublin)
Mervyn McAlister
McAlister Construction Limited,
Sarcon (no.319) Limited 37-storey skyscraper called the
Aurora on Great Victoria Street. (Belfast), sites at at
Greenhall Highway in Coleraine and Dunlady Road in
Dundonald, the Marine hotel (Ballycastle)
Ger Clohessy (Gerard Clohessy)
Frank Fahey, Clohessy
Developments Limited, Clohessy Developments
(Castletroy) Limited, Clohessy Developments (Henry
Street) Limited Mountshannon Road, Annacotty, Lisnagry
(family home), Evanwood Golf Links Road (Castletroy)
Kennedy GroupJ Kennedy and Co Contractors, Kennedy
Crane Hire, Kennedy Concrete Products and J Kennedy and
Company (Manufacturing), Ernst and Young
(administrators), Kennedy Group Holdings, Turnus Ltd,
Dado Developments (Pottingers Quay), Kenry
Developments and Waterside Crescent, BDL Management,

Ramcore Hotels, CUSP, Chris Kennedy, BDL Hotel Group,

Louis Woodcock, Kennedy Investments Ramada Hotel
(Portrush), Bayview Hotel (Portballintrae), 90-bedroom
Express by Holiday Inn to Antrims Junction One retail
park, 169-bedroom Ramada Encore hotel (St Annes
Square development, Belfast), five hotel sites in
Birmingham, Warrington, Ipswich, Glasgow and Hemel
Hempstead
Thomas Hayden, Wayne Hayden, Paul Hayden
Christopher Bennett, Bennett Construction Limited La
Touche Hotel (Greystones, Wicklow)
Ciaran Murdock
Rathdrum Properties Limited (UKregistered), Murdock Nursing Homes and Clyduff, Murdock
Builders Merchants Limited, Frank Nowland (property
receiver, WK Nowlan and Associates)
Highgate Retail
Park (Birmingham),shops in Liverpool and Kent as well as
land in Warrenpoint and Dungannon, land in the
Rathfriland Road area of Banbridge, four nursing homes in
Bradford, Sheffield, Castleford and Osset, chain of building
merchants, the Crescent Link Retail Park (Derry), shopping
centres in England and Scotland
Murnane and OShea Limited Bob Murnane, Denis
OShea, Ballybane Windfarms The Manor (Crawford
Woods, Glanmire, Cork), Maritime Hotel (Bantry, Cork),
Ascot Racecourse Limited
grandstand at Ascot
Racecourse (England)
Lincoln Holdings PLC
Gainsborough film studios
(Islington, north London), , market hall (Uckfield, East
Sussex), German investment property portfolio, Downs
Court ( Meads Street,Eastbourne)
McDaid Developments (Ireland) Limited Peter McDaid
Clooney Terrace (head office, Derry, Londonderry),
developments in Derry, Cavan and Longford,
developments in Donegal
Murphy Construction (Carrigtwohill) Limited John
Coleman, Michael Coleman
42 units at Castleredmond
Court (Midleton, Cork), 16 townhouses at Charleston Close
(Ballinacurra, Midleton, Cork), 18 apartments at
Commissioners Quay (Midleton, Cork), offices for Cork
County Council (Glanmire, Cork), 33 apartments at The
Maltings (Ballinacurra, Midleton, Cork), Glyntown Heights
(Glanmire, Cork), Glyntown Close (Glanmire, Cork),

Sunview Housing Development (Douglas, Cork), Temple

Hill (Cork), Ardcarraig (Ballinglanna, Cork), Orchard
Housing Estate (Glanmire, Cork), Copper Valley (Glanmire,
Cork), Chestnut Meadows (Glanmire, Cork)
Mulgrew Properties Limited
Eddie Mulgrew 33
Ballymacormick Road,Dromore
Donal Mulryan Sean Mulryan (brother), West Properties,
West Logistical Branston Distribution Depot (Burton upon
Trent), Lumiere, a 138-flats development
(Manchester),Skyline, a 20-storey tower with 250 flats
(Manchester), Origin scheme on Princess Street
(Manchester), Renaissance hotel site on Deansgate
(Manchester), Mantos bar (Manchester city centre),
International Cruise Liner Terminal, 251 bedroom hotel,
770 luxury townhouses and apartments, (Greenwich,
London)
Cyril Dennis
Capital and Provident Management, Capital
and Provident Regeneration Le Provenal hotel (Juan-lesPin, French Riviera)
Sean Lyne, Noel Connellan
Packie Vaughan, Domhnall
Slattery, Dominic Considine, Botanic Inns, Lanyon Trading
Limited, Lisk Limited, Frontline Asset Management Limited,
Bernard McNamara,Piran Properties Limited, Tinerana
Limited, John Shee, Joe Hanrahan 84 houses and
apartments at Rosslevan(Tulla Road, Ennis), Loyalty Build,
Fitzpatrick Bunratty Hotel (Clare), Shanaway Road, Ennis
(Connellan family home), Cahercalla More, Golf Links
Road, Ennis (Lyne family home), two sites at Loreto Road,
Lisdarn, Cavan, for the purpose of commercial
development, 33 acres at Gaurus, Ennis, Co Clare and to
acquire an additional 61 acres at Gaurus, Madisons bar
and hotel (Belfast), The Northern Whig bar (Belfast), The
Kings Head bar (Belfast), The Bot bar (Belfast), The Globe
bar (Belfast), Liffey Valley Shopping Centre (Dublin), 270acre Tinerana estate on shores of Lough Derg
Parker Green International
Deputy Bertie Ahern,
Gerard OHare, Ceruzzi former Waterford Crystal 22
acres at Cork Road(Waterford City), The Quays Shopping
and Leisure Complex (Newry), Fairgreen Shopping Centre
(Carlow town), Exchange Street (Waterford), Milford
Crossing Retail park (Connecticut, USA), Trnava Shopping
Park (Slovakia), Sobieski Apartments (Krakow, Poland),

Wielopole Residence Apartments (Krakow, Poland), Tri

Domy Apartments(Prague, Czech Republic), Cerveny
Kopec Apartments(Brno, Czech Republic), Palazzo Dorottya
Apartments(Budapest, Hungary), Royal Residence
Apartments(Budapest, Hungary), Podkolibska
Apartments(Bratislava, Slovakia), Koloseo
Apartments(Bratislava, Slovakia), Sea Dream
Apartments(Varna, Bulgaria), Albert Basin (Newry)
MAR Properties Robin Horner, Scandown LLP, Jewel Group,
Adam Armstrong, Bill Rush (William Rush), Noel Murphy,
Karl Properties, Greenfarm Developments, Donegall Quay,
R&A Developments, NFM Properties, Cedric Blackbourne,
Aaron Blackbourne, Bill Wolsey (William Wolsey), Barney
Eastwood, Castlebawn, Lagmar, Lagan Group, Lagmar
(Barking) 36-48 Argyle Street in Glasgow (TK Maxx),
Vicarage Field Shopping Centre (Barking, east London),
WEN Inns, Portaferry Hotel(Hunters), East Ender(Belfast),
Auld House (Moneyrea), The Esplanade Bar (Bangor), Tipsy
Toad (Lisburn), Hedgehog and Bucket (Belfast), Blackpool
International Airport, Obel tower Obelisk Tower (Belfast),
residential portfolio on Cronwell Road (Belfast), mixed-use
development at Queens Parade (Bangor, County Down),
90 acre (36 ha) mixed-use scheme in Newtownards
(County Down), Savoy Centre (Glasgow), shopping centres
in Glasgow, Barnstaple and Warrington, Carnegie
Ventures, Gibraltar (home to Armstrong)
Towntalk Limited
48-acre St Regis Paper Mill site
(Taplow, Buckinghamshire)
Castlebawn Limited Eastwood Property and R&A
Developments, BJ Eastwood (Barney Eastwood), Adam
Armstrong, William Rush 75-acre site at Newtownards (Co
Down)
Fachtna Crowley Construction Limited
Fachtna Crowley
Berryhill (Castlelyons, Cork), The Riverbank (Bandon,
Cork), Gleann Alainn (Crossbarry), Lissagroom Meadows
(Crossbarry, Cork), Radharc na Spuaice (Ballineen, Cork),
Cois na hAbhainn (Dunmanway, Cork), The Spires
(Inishannon, Cork), Cluain na Croise (Crossbarry, Cork),
Church Hill (Inishannon, Cork), Woodside (Dunderrow,
Cork)
John CuttsParkridge Gate Investments, Matthew Hammond
and Rob Hunt (administrators, of Pricewaterhouse

Coopers), Parkridge Holdings Limited

properties in the
UK,Poland, Portugal and France, Parkridge Retail Park
(Kidderminster Road, Droitwich, Worcestershire)
Ray Madden
The Old Ballroom (Firies, Kerry)
Newlyn Developments
Robert Kehoe, Christy Dowling,
George McGarry, Colm Lundy, John Archbold, Chris
Vaughan Tyrrells Brook (Edenderry, Co Offaly), Cairnbrook
Avenue (Carrickmines, Dublin), Wyvern (Bray, Co
Wicklow), Grand Canal Court (Herberton Bridge, Dublin 8),
St Olaves (Kinsealy, Co Dublin), Newberry (Edenderry, Co
Offaly), Block 10/11 (Montague Lane, Dublin 2), Bray Civic
Centre (Bray, Co Wicklow), Southern Cross Business Park
(Bray, Co Wicklow), Bray Town Centre (Bray, Co Wicklow),
Woodstown (Rathfarnham, Dublin 16), 622 homes at
Kilternan (Co Dublin), Victoria Boulevard (Vilamoura,
Portugal), O Pomar (Portugal), Four Seasons Country Club
(Quinta do Lago, Portugal), Rutland House (Rutland Street,
Leicester, UK)
Dwyer Properties Limited David Dwyer Mariners Cove,
Baltimore, Cork
Marshalsea Property Company Liam OFarrell, Sarah
OFarrell, McDermott family
Naas Shopping Centre
Cordil Construction Limited
Gerry Dillon, Pat Corrigan,
GMP Enterprises, Knocknacarra Investments Limited
Cuirt an Dolain (Fairhill Court, Galway City), Dun
Eibhir (Furbo, Co Galway), Galway West Bus Park (Galway),
Barna Village Centre Apartments (Barna, Galway)
Clerihan Developments Limited
Peleton Developments
Limited WEST City Retail Park (Cork), Poppyfield Retail
Park (Clonmel), Abbey Farm, Innislounacht, Cahir Road,
Clonmel
Magnet Property Investment
9-12 Dingwall Road
(Croydon, UK), 13-16 Dingwall Road (Croydon, UK), t
Georges Central Tower (Blue Building, Leicester, UK),
Carn Properties Limited Seamus McCloy
181 houses
and 32 apartments at Drumnahoagh (Letterkenny, Co
Donegal), 83 Dwelling Units and Crche Abbeytown Road
(Boyle, Roscommon), 12-acre site at Carrickmacross in
County Monaghan, a 33-acre site in Letterkenny, County
Donegal and a nine-acre site in Portglenone (Ballymena,
county Antrim)
Naas Developments John OConnell, Mary OConnell, Grant

Thornton (Paul McCann), Hotel Asset Management

Services, Twangbrook
Osprey Hotel (Naas)
Frank Gormley Paul McCann(Grant Thornton, receiver),
Howard Eurocape, John Kennedy, Peter Kennedy,
Wellington General Partners (WGP), Eurocape, Greg
Coughlan, Howard Holdings, Caulfield McCarthy Group,
Howard Eurocape Ireland, Kingspan co-founder Brendan
Murtagh and Cork businessman Brian Madden, Kieran
Wallace (receiver, KPMG) Spawell Golf and
Leisure(Templeogue),extensive property holdings(South
Africa), apartment complex in the centre of Cape Town, a
regeneration project close to the South African parliament,
and office blocks and shops in Leeds, Polish Project
Wilson Care Group (Wilson Group) Holywood Homes,
Adela Properties, Wilson Developments NI, Greyharbour,
Ballybay Estates
Antrim Road (Belfast, HQ), Lahara
apartment complex (Larne), commercial properties in
Scotland and England,
GP Williams Limited (G.P. Williams Limited)
Tom Keenan
(administrator, Keenan Corporate Finance)
properties
owned by the firm at Church Street in Irvinestown and
Ardvarney Road in Ederney
Parkway Properties
Millfield Shopping Centre
(Balbriggan), Abington residential development (Malahide,
north Dublin)
Gerry Fagan
Oceanico, Simon Burgess Little River Golf
and Resort (North Carolina, USA), dozens of golf resorts in
Portugal, North America and the Azores, Vilamoura in
Portugals Algarve
Devondale Limited Tony Durkan and Brian Durkan (not
related to Durkan New Homes)
Fortunestown Lane,
Saggart, Co Dublin, Bird Avenue, Clonskeagh, Co Dublin,
and Donacumpter, Celbridge, Co Kildare, York Road, Dun
Laoghaire (company address)
Cloonbeg Developers Limited John Cahillane
development at Carragh Lake, Killorglin, Kerry
Banna Holiday Villas Limited
holiday village at
Banna (Clonfert, Kerry)
Philip Danaher MZM Holdings cinema development at
Caherdavin, Ennis Road (Limerick)
Jack Ronan
Vita Cortex, Johnny Ronan (cousin), Sean
McHenry, Vita Cortex Industries Limited, Vita Cortex

Holdings Limited, Vita Fife Five Limited, Brad Holdings

Limited, Castleblake Transport Limited , Danron
Limited , Enfer Scientific Limited , Enfer Technology
Limited , Equine World Tty Limited , Giro Properties
Limited , Glenfurrow Company (Isle of Man) , Glenfurow
company (New Zealand) , Louis Ronan & Co Limited ,
Meat Proteins (Ireland) , Mega Save Investments Limited ,
Mocklerstown Holdings Limited , National By Products ,
Nicklewise Investments Limited , Nutrigrow Limited , PIC
Ireland Limited , PIC Ireland GTC Limited , Print Works
Limited , Rennard Pig Farms Limited , Robinwave
Limited , Ron Pro Limited , Ronan Technologies Limited ,
Tarb By Products Limited , Tipperary Raceway Limited ,
Vita Five Five Limited , Web Circle Limited , Wee Care
Limited Sherkin Penthouse (Lancaster Gate, Cork)
McGinnis group
Monnaboy Limited, Edenreagh
Developments, John McGinnis (JC McGinnis, John Charles
McGinnis), P McGinnis, P Brady, A McGinnis, Henley
Enterprises Limited, Northwin Holdings (Wellington)
Limited, Gortree Developments Limited, Templemoyle
Homes Limited, Templemoyle 2004 Limited, Twolochs LLP,
Dermont Developments Limited, McGinnis Stockton
(Estate Management) Limited, Eglington Investments
Limited, Meadowbank Limited, Uladh Properties Limited,
Caw Properties Limited, Eglington Properties Limited, Red
Sails Developments Limited, Abercom Developments and
Leisure (1990) Limited, McGinnis Manor Row Limited,
Rumex Trading Limited, Mournview Properties Limited,
Dermont No 1 LLP, Dermont No 2 LLP, Dermont No 3 LLP,
Dermont No 4 LLP, Binevenagh Properties Limited,
Wellington Square (Annadale Embankment, south
Belfast), Coopers Mill (Dundonald, Co Down), Bracken Hill
(Castlereagh, Belfast), 10.5 acres at Blaris Road (Lisburn,
Co Antrim) and 35 acres in Inverness (Scotland), Campsie
Business Park (company address, McLean Road, Eglington,
Londonderry)
Brendan Murtagh
Howard Holdings, Kingspan, Alan
Murtagh, Greg Coughlan, Brian Madden, Stephen Webster,
Loparco, Howard Property Ireland, Jason Clerkin, PFK
OConnor, Leddy and Holmes (auditors), Clowater Asset
Management, Maulbawn Holdings Limited
KARMELICKA
STREET, KRAKOW, POLAND, SAN BASILIO, ROME, ITALY,

REZYDENCJA WILCZAK, POZNAN, POLAND, BROWAR

KOBYLEPOLE, POZNAN, POLAND, SZCZECIN WATERSIDE,
SCZCECIN, POLAND, TORUN RETAIL PARK, TORUN,
POLAND, VALLDEMOSSA RESORT, MALLORCA, SPAIN,
ESTUARY COURT & MEWS, ROCHESTOWN ROAD, CORK,
HAVISHAM HOUSE, ROCHESTOWN ROAD, CORK, ANGLO
BUILDING, ANGLESEA STREET, CORK, MAIDSTONE
BUILDINGS, LONDON, EYRECOURT, ROCHESTOWN, CORK,
MARINA PLACE, HAMPTON WICK, CITY QUARTER, LAPPS
QUAY, CORK, TRINITY GATE, GUILDFORD, CORK
WEBWORKS, CORK, NEW GOLBE WALK, LONDON, THE
CLARION HOTEL, CORK CITY, 1bn Cork docklands
development, land at Passage West (Cork)
Whitgift Foundation
Whitgift shopping centre
(Croydon, UK)
Cleary Doyle Trinity Hire Wexford, Trinity Hire Gorey,
Trinity Hire Arklow, Wexford Block Limited, John Doyle,
Eugene Cleary Glaunsharoon Apartments (Elington Road,
Wexford), Clonard Village (Wexford), Clonattin Village
(Gorey, Co. Wexford), Avoca Wood (Avoca, Wexford),
Village Gate (Ballycanew, Co. Wexford), Glencove
(Courtown, Co. Wexford), The Ramblings (Piercestown, Co.
Wexford), The Gallops (Naas, Co. Kildare), ESB
headquarters (Garrycastle, Athlone, Co. Westmeath),
Wexford Retail Park, Bakers Yard, Portland St. Dublin 1,
Larkins Cross (company address, Wexford)
Eaglemount Properties Snoddons group, Snoddons Blaris
(NI), Westfield,Michael Gutman, Samuel Harris, Peter
Miller, Brian Snoddon, leon Shelley, The Sprucefield Centre
Limited Sprucefield Park shopping centre (Lisburn)
Frank Boyd
Rose Boyd (wife), William Ewart, Killultagh
Estates,Castle Glen Development Company Connswater
shopping centre (east Belfast), McKinstry Road shopping
centre (Lisburn, Antrim)
Michael Whelan
Moritz Group, Maplewood Homes,
Maplewood Developments, MW Homes, Seskin, Moritz
Elliot, Moritz Commercial, Moritz Mivan, Victoria SRL, Lunar
Sea Holdings (UK) Limited, Kristmannson Properties BFT,
Digiweb, PH Ross, TJ OMahony, Commons Hardware, Paul
McCann (Grant Thornton, receiver), Digiweb, Wickes DIY,
St Endas GAA Club, Glintstone Limited, Rumbold Builders
Limited Galway Gateway (Knocknacarra, Galway),

Newcastle (Dublin), sites purchased are all in major urban

centres around Burcharest and regional cities (Romania),
Ballycullen(Dublin), Hazelhatch Park(Celbridge, Co.
Kildare), Hazelwood(Celbridge, Co Kildare), Herberton
(Dublin), Newcastle Lyons(Newcastle, Co Dublin), The
Paddocks(Adamstown, Co Dublin), 70 Gracechurch Street
(London), Temple Road (family home, Dartry, Dublin 9)
PJ Walls Finance and Property Ltd, Shaun Green (Finance
Director), PAV Consulting Services Ltd, Patrick Veale
(former group director), Liam Walls (chairman), Neilcott
Construction, PJ Walls Group Holdings Limited, Walls
Developments, Willie White, Shaun Greene (finance
director) O2 Arena (Dublin), Pier C at Dublin Airport,
Trinity Colleges Biosciences building, the Cliff House Hotel
(Ardmore, Co Waterford), Iontas building at NUI Maynooth,
Northern Cross development (Malahide, north Dublin),
Hilton hotel (Northern Cross, Malahide)
Fider Homes
developments in Omagh (Co Tyrone)
and Dunmurry (Co Antrim)
Ciaran Haughey
Laura Haughey (nee Laura Daly, wife),
Medeva Properties Limited, John Barnicle, Celtic
Helicopters, Larchfield Securities, Des Traynor, Guinness &
Mahon Limited and Ansbacher Limited, Mike Murphy
Insurance Brokers the island of Inishvickillaune off the
Kerry coast as well as seaside properties in Co. Wexford,
land and aircraft hangers at the Celtic Helicopters
headquarters in Knocksedan near Dublin Airport, Kinsealy
(family home, Co. Dublin), , apartment in Grand Madison
building, Fifth Avenue apartment in New York.
Deerland Construction
John Paul Construction, Holtglen
Limited Ferrybank Shopping Centre (south Kilkenny,
county Kilkenny)
Sean Reilly
Alcove Developments, McGarrell Reilly
Homes,McGarrell Reilly Developments, Alcove Spitaler,
Anglo Golden Circle, Maple 10 (Fitzpatrick Tapes)
Watermarque Building (Dublin), Cisco Building (East
Point Business Park), land at Maynooth (Kildare),
Spitalerhof retail and office building (Hamburg, Germany).
Site om Dundalk, site in Ratoath (Meath), Marlmount (Old
Dublin Road, Dundalk, County Louth)
Glydee Developments
Paybody Properties Limited,
Keelagh Homes Limited, Mullagharlin Limited, Gerard

Burns, Claire WidgerCarlin Hall

(Mullagharlin/Mullagharlinn, Dundalk, county Louth),
Christendom Avenue (Ferrybank, county Kilkenny)
Stanley Holdings
Kitara
Belmayne development on
the Malahide Road in Dublin
Albion Enterprises Limited
Belmont Hall in
Gardiner Street and Temple Hall in Parnell Street, as well
as Heath Square in Dublin 11, SHREWBURY Lodge
(Cabinteely Village, Dublin), Heath Square (Finglas, Dublin
11), Dalymount Park (Bohemians FC, Dublin)
Michael Walsh
site at Mount Sion Road, Ballyrobin
near the Waterford Golf Club falls within the Ferrybank
Belview Local Area Plan
Michael Ryan Killegland Developments Limited, MR Film
Productions Limited, Dauphin 2 Aviation Limited
Barrack Construction Limited Paul Byrne
Liffey Hall
(Newbridge, Kildare)
Park Avalon Developments Limited John Halpin, Patrick
Halpin
Ashburton Construction Limited
P A Bello Limited,
Conal Byrne, Kevin McNulty
de Vesci Hill development
(Abbeyleix, Laois), Boyne Bridge Business Park (Drogheda,
Co Louth), a 42-house development in Collon, County
Louth
John Shee, Joe Hanrahan Mowlam Healthcare, Wadlow
Limited, Cracken Properties Limited, Megcourt
Developments, Paland Developments, Dr Paschal Carmody
and his wife, Dr Frieda Keane Carmody 70-acre Tinerana
Estate, 22 holiday homes in Ballyvaughan (county Clare)
Argyle Street Properties (No 2) Limited Progress Property
Developments Limited
2014 Commonwealth Games
Hotel (Glasgow), Jumeirah Hotel (Glasgow), development
at Argyle Street/Robertson Street (Glasgow)
Kemberton Properties
John ODolan (decedent), Eugene
Hyland, Sean Hynes, Joe Hynes (Joseph Hynes), John
OConnor, Eoin Ryan (receiver, Horwath Bastow Charleton)
221 houses and two apartments on the site at Glen
Road (Tramore, Waterford), sites Avonmore and Cooney at
the Island (Clonmel, county Tipperary)
Chris Crehan, Margaret Crehan
Kapstone Limited,
Coolagh Construction Limited and Inchagoill Contractors
(Salthill) Limited, Strinler Limited, Knocknacarra

Investments LimitedGort na Ri, Drom Oir, Letteragh Road,

Sli Gheal, Linn Bhui, Ashleigh Grove, Knocknacarra Park,
Hassets Field, Limerick, Sliabh Ard, Gort Siar, Carrigeen
Portacarron, Caiseal Ur, Gort Siar Apartments, Cluain Dara,
The Rise, Cloch Ard Clybaun Road Hotel, Cluain Mhor,
Windfield Gardens, Gleann na Tra, An Logan
Thomas OReilly, James Staunton, Peter Staunton, Patrick
Staunton, Ita Staunton, John Staunton and Joan Rowland
Michael Cannon, Cathal Cannon
KE Kavel, Owen Kirk,
two sites on either side of the Friedrichstrasse (Berlin,
Germany)
Risk Capital
Greyhound Racing Association (GRA), Luke
Johnson, Wimbledon Stadium (Greyhoound racing
stadium, 12.5-acre site next to the former Wimbledon FC
base)
Turnstile Developments John Hansen and Stuart Irwin
(receivers, KPMG), Paul Neill, Kilbright Development
Clandeboye Retail Park (Bangor) and Toscana Retail
Park (Bangor), Hawker 400xp and Hawker 850xp aircraft,
sites in Belfast city centre and Hillsborough in County
Down
Bill Doyle, Fergus OBrien Bohan Property Consultants,
Doyle Developments, Bohan Estates
Fairgreen
development (Mountmellick Road, Portlaoise), Barrington
Tower (Brennanstown Road,Blackrock, Dublin), 1.5 billion
development near Drogheda
Gwynne Thomas
Thomas Thompson Holdings (TTH),
Kathryn Thomas (daughter)
Carlow Shopping Centre
(county Carlow)
Newell Construction Limited Patrick Newell, Marian
Newell (wife) residential developments in Tuam (county
Galway) and Headford (county Galway)
Tony Fitzpatrick (Anthony Fitzpatrick), Patrick Fitzpatrick
Paddy Fitzpatrick (father), Paddy Shovlin, JHB Limited,
Simon Coyle (receiver, Mazars)
Jacks Hole (Brittas
Bay, county Wicklow), Beacon South Quarter (Dublin)
Ellen Construction Michael Doran, Martin Doran, Kieran
Wallace (receiver, KPMG), Martin Ferris (receiver, Ferris
and Associates)
Bewleys hotels in Dublin, apartment
developments in Dublin and Wexford, Bewleys Hotel at
Dublin Airport, Bewleys Hotel in Leopardstown (Dublin),
holiday home scheme in Wexford, apartment complex on

the East Wall Road in Dublin, Island Key apartment

development on Dublins northside
Shipton Group Kieran Wallace and David Swinburne
(receivers, KPMG), Douglas Developments Limited, Neil
Love, Clayton Love, Eamon Leonard, Sarah Cronin
Douglas Court Shopping Centre (Cork),Douglas
Village and Blackpool Shopping Centres
NOT FLAGGED FOR NAMA
Abbey PLC
M&J Engineers Limited, Kingscroft
Developments Limited, Abbey sro (Prague), M&J Hire,
Charles Gallagher, Gallagher Holdings Limited, FMR LLC
Castlelea(Portarlington),Clonroosk Abbey (Portlaoise),
The Hastings (Balbriggan), Holywell (Kilcoole, Wicklow),
Castlegate(Portarlington), Somerville(Ratoath Village)
John Glynn
Clayton hotel (Galway)
Paul Coulson Lars Bradshaw, Sean Fitzgerald, Anglo,
Ardagh Glass PLC, South Wharf PLC, JC Flowers Private
Equity II Fund, Anglo Irish JCF 1 LLP Sandyford
development, Irish Glass Bottle site
Balcuik
Tysan Investments, Sean Fitzpatrick, Lars
Bradshaw, Sean Melly, Paul Coulson, Lachlann Quinn
(ESB), Pat Gunne, Gary McGann, Denis OBrien, Pat
Doherty, John Kerry Keane
Atrium (Sandyford)
Sean Fitzpatrick
Anglo, Triona Fitzpatrick (wife), Sarah
Fitzpatrick (daughter), Jonathan Fitzpatrick (son), David
Fitzpatrick (son), Derek Quinlan, Paddy Shovlin, Richard
Gunne, Andrew Gunne, Ronan OCaoimh (Trinity Biotech),
Gowan Securities (Michael Dwan), Michael Maughan,
Cormac McAlinden, Deirdre Foley (D2 Private), Brooklawn
Property Holding Limited, David Arnold (D2 Private),
George Crampton, John Crampton, SCI Saint Roch, Angela
Cavendish,JC Flowers Private Equity II Fund, Anglo Irish JCF
1 LLP , Claret Capital (Domhnal Slattery), NCB, Davy,
Bloxham, Goldman Sachs, Warren Private Clients, Golf
Central Europe KFT, Fintan Drury, Brian Davy, Bertie
Ahern, Ekeh Oil and Gas, Chris Lehane (Official Assignee),
Joyce OConnor (sister) Bank of Ireland Baggott Street
HQ, Brooklawn House (Shelbourne Road), Graham
OSullivan Coffee Shop (now Carluccios, Duke Street,
Dawson Street), apartment (Custom House Square),
Kelston Development (apartment, Foxrock), Killiney Court
development (apartment, Killiney), Glenhilton

development (two apartments, Bray), London apartment

rented to Anglo, Avenue Bellevue (Saint Jean Cap Ferrat,
St Jean Cap Ferrat), oilfield (Nigeria), villa (Marbella),
property(LOng Island, new York), property (Germany,
Poland), Pilismarot Village golf complex (Hungary),
apartment at Smithfield Market (Dublin)
Bracklagh Construction Limited
Michael Roper Ceol na
Mara (Sligo)
Fairlee Properties
Jerry Beades, Jerry Beades Concrete,
Kieran Wallace (KPMG, receiver), Fianna Fail 158-163
Richmond Road(Dublin), Unit 6, Tivoli Centre, Richmond
Road Industrial Estate, Dublin
Larionovo Ray Norton, Helen Norton, Andrew Brett, Barry
Hennessy Dubai Sports City Complex, properties in the
UAE, Morocco, India, Portugal, Hungary, France and Spain
Dorville HomesGerry Haughey, OMalley Construction
Wyckham Point (Dundrum), Adelphi House (Dun
Laoghaire), Wyckham Way(Dundrum),
Southmede(Dundrum), Lakehurst(Waterville,
Blanchardstown), Cranmer Place (Haddington Road,
Dublin), Marlay View (Ballinteer Avenue), De Vesci House
(Monkstown),Cannon Place(Sandymount), St Johns
Gate(Clondalkin), Liberty Court(Lower Clanbrassil Street),
New Row Place(Dublin 8), St. Peters Square (Phibsboro),
Cairn Hill(Foxrock), St. Johns Park Avenue(Sandymount)
Brian OFarrell N1 Property Developments, OFarrell Cleare
auctioneers, David Drumm, Headland Property Holdings,
Anglo Golden Circle, Maple 10 (Fitzpatrick Tapes)
Northside Shopping Centre (Coolock), Malahide Boat
Yard
Gerry McGuire Parolen Group (Holdings), Parolen, Anglo
Golden Circle, Maple 10 (Fitzpatrick Tapes)
Laurence
Town Centre (Drogheda)
Michael Herbert
Lebreh, Herbel Restaurants, Lesley
Herbert(wife), Lesley Estates, Donegall Place Investments,
Pat McCormack, Merset, Frank Boyd, Andrew Creighton,
William Ewart Properties, Donegall Place Investment
Limited, Bow Street Mall Limited, Central (Lisburn) Limited,
Merset Properties Limited, Dermont Developments
Limited, St James Centre Limited, Beechdale Properties
Limited, Edenreagh Limited (former McGinnis
Developments Limited), P McCormack, Herbel Restaurants

Limited, Craven Court Centre Limited, Herbel (Eastern)

Limited, Birchsilver Limited, CB Beatty, Lesley Estates
Limited, Herbel Estates (Ireland) Limited, Montgomery
Management Limited, Lesley Balmoral Limited, Lesley
Restaurants (Ireland) Limited, Lesley Place, L Herbert and
Son Limited, Treetops Securities Limited, Flagship Centre
Limited, Lemon Quay (One) Limited, The Herbel Pension
Scheme, KFC restaurants, Green Lanes Shopping
Centre(Devon), Flagship shopping centre (Bangor),
Duncrue Service Centre(Belfast), Loreburn Shopping
centre (Dumfries),Crossgates Shopping Centre (Leeds),
Park View Shopping Centre (Tyne and Wear), Bow Street
mall (Lisburn), Bloomfield Shopping Centre (Bangor),
William Ewart Properties Nick Reid, Frank Boyd, Andrew
Creighton Victoria Place shopping centre(London), Fulham
Broadway shopping centre (Fulham, London),
Hammersmith Broadway shopping centre (Hammersmith,
London), Gyle Shopping Centre (Edinburgh), 40shopHart(Fleet), 2 Lanyon Place (Belfast), 8 Lanyon
Place(Belfast), Victoria Square Complex (Belfast), Royal
Exchange scheme (Belfast),
Irish Nationwide Building Society
Pangrove Limited,
Vernia Limited, Cedarclose, Armoin, Landor (Dundee
Wharf), Ballmore Ontario Dundee Wharf (London)
James Clancy (Jimmy Clancy, Jim Clancy) Clanview
Construction, Tariq Mohammed, M2 (Emmedue), Insulated
Concrete Formwork, Gerrard F May, Gerrard May, Gerry
May, Clantek Future Building Systems Limited, BDO
Simpson Xavier (Receiver, Paul Keenan), Bad Arann
Teoranta, Phoenix Developments, Aran Islands Direct, Elite
Holding Group, Sarah Clancy (wife), Clan Electrics Limited,
Blue Line Chemicals, Stephen Graham, Tony Woods
Oscars Restaurant (Dominick Street Galway), Clan
Video Shop (Dominick Street, Galway), Eagle Rock
(Spiddal), Botley land (Portarlington), Riverside Estate
(Kilmalogue, Portarlington), 11 portfolios of land (Galway),
Polystyrene machine (Abu Dhabi), Clan Eagle 1(ferry), Clan
na nOileain (ferry), factory (Romania), Ceol na Mara (Bed
and Breakfast/Restaurant, Spiddal), Knocknagreine
House(Furbo, Connemara), Clan House (Dominic Street,
Galway)
John OConnor
Esso Station (Tallaght), properties and

sites in Sweden, Brussels, Nice, Portugal, Dublin, Meath,

Wicklow and Wexford
Moortrim Limited
Peter Coulston Sadlers Hall (Saddlers
Hall, Kill)
Pascal Conroy Bohemians, Dalymount Park
Phibsborough Shopping Centre
Deputy Frank Fahey Fahey Higgins LLC (Boston), Noel
Harrington, Ger Clohessy, Ethelle Fahey(wife), Sage
Construction Limited, BEF Developments Limited, Kinnicha
Grove Management Company Limited, 2 apartments
Castlerea(Roscommon), Apartment 8a, 16 Eglinton Court
(Galway), house at Kilbeacanty (Gort), apartment at Dun
Aengus, New Docks (Galway), house at Dun na Coirbe
(Galway), house at Rinawade Close (Leixlip), shareholding
I n apartment at Dun na Coirbe(Galway), family owned
properties Moydrum (Athlone), shareholding in 4
apartments and shop, Lower Gerald Street (Limerick),
shareholding in retail unit, 2 offices and warehouse Crowe
Street (Gort), house at Jumeirah Estates(Dubai), house at
the Grove, Crowe Street (Gort), shareholding in apartment
at Tappen Street, Boston (USA), 5 apartments owned in
partnership at Rue Paul-Emile Janson 1000 Brussells, 10
apartments owned in partnership at Rue du Sceptre, 1015
Brussells, apartment at Cathedral Place (Limerick), house
at Villafranche(France), property at Port de Mos, property
at Alcantarillha (Portugal), apartment at Irishtown (Dublin),
hair salon business (Moscow), 4 Carraig Ban, Menlo,
Galway (family home)
Nigel McKenna Lighter Quay Hotel Management
Westin
Hotel (Auckland, NZ)
Jackie Gallagher
Gallan Group, JJ Gallagher
UK
developments (Birmingham, Peterborough)
Mayeco Properties Limited
Liam Maye(deceased), Anne
Maye(widow), Dawn Maye(daughter), Christy
Maye(brother), Bernard Somers, Bernard Costello (Bernard
Costelloe), Castlethorn Construction, Depton Limited, Joe
OReilly, John Fitzsimons, Sweepstake development
(Ballsbridge), St Jamess (England), apartment at Dock Mill
(Barrow Street, Dublin), apartment at The
Phillimore( London), Villa Dom Perignon(France),
Whitethorn estate (Palmerstown), Holmwood (Cabinteely),
Avoca Park (off Avoca Avenue, Blackrock), Beaumont

Woods (Dublin), Carysfort College Carysfort Park

(Blackrock), 7,000 acres of zoned housing land in the
Dublin area, Riverwood, Fernleigh and Woodbrook
(Castleknock), Stationcourt (Coolmine), Ivy Court and
Beaumont Woods (Beaumont)
, Dundrum Town Centre, Woodbrook (Shankill), Weavers
Hall(family home, Plunkett Avenue, Westminster Road,
Dublin 18)
Prem Group
Arago Investments, Peter Reddan, Gerard
McNulty, Premier Hotels Limited
hotels Ireland, Britain,
Belgium and France, hotels (Kilkenny, Leeson Street, Park
West and Sandyford, Harcourt Street), Days Hotel(Dublin
Airport)
Conway Partnership Michael Conway (Senior), Michael
Conway (Junior), Kieran Conway, Paudie Dennehy, Rumex
Ltd, Daphne Investments Ltd(trading as Dee Partnership),
Kieran Wallace (receiver, KPMG)
Dennehys Cross
(Cork), Castletreasure (Douglas, Cork), City
Square(Watercourse Road,Cork), Grand Parade
Plaza(Grand Parade, Cork), additional properties adjacent
to the Grand Parade site
John Magnier and JP McManus Sue Magnier(wife), Noreen
McManus (wife), Vincent OBrien(father-in-law), Mitchells
and Butlers, Sloane Capital, Lydian Capital, Denis Brosnan
(Kerry Group) Unilevers HQ(Victoria Embankment,
London), Manchester United, Martinstown Stud farm
(Limerick), Sandy Lane Hotel(Barbados), Coolmore
Stud(Fethard, Tipperary), Ralph Lauren Store (Manhattan),
Jurys Hotel (Dublin)
Dermot Desmond Robert Sangster, Neovia, IIU
Nominees, Betdaq, Daon, Baltimore Technologies, Esat
Telecom, Barchester nursing homes, Bottins Investments,
International Investment & Underwriting (IIU), Chronicle
Bookmakers, Carty family
London City Airport, Sandy
Lane Hotel(Barbados), Barchester nursing homes,
Rietumu Banka
Astondale Properties Limited Michael Murphy,
Chartbusters, South Dublin Construction, Kieran
Wallace(receiver, KPMG) Chartbusters Store(Christ
Church, Dublin), sizeable land bank, Parkgate Business
Centre (Phoenix Park, Dublin)
John Sweeney Tom Kavanagh (Kavanagh Fennell

Partnership, receiver), Blackshore Holding Group, Black

Shore Holdings, Meath tax investors, Kantaka, Shelbourne
Holdings group, Bernard McNamara, Bernard Doyle, David
Courtney, James Luby (receiver, McStay Luby)Johnstown
House Hotel & Spa(Enfield), Shelbourne Hotel, Courtyard
Marriott, services stations and convenience stores
(Galway)
Flash Developments Ciaran Maguire, Ciaran Maguire
Group, Kieran Wallace (liquidator, KPMG) Palm View
resort(Boa Vista, Cape Verde)
Cornelius Ryan (Con Ryan),Kathleen Seret-Ryan
Declan
Taite (Farrell Grant Sparks, FGS, receiver)
Kinnitty
Castle hotel(Offaly)
Fordmount Property Group Limited Billy ORiordan (PwC,
Pricewaterhouse Coopers, receiver), Michael Daly,
Fordmount Developments Limited and Fordmount
Developments (Savoy) Limited,Fordmount Investments
Limited, Fordmount Retirement Villages Limited, Adrian
Frawley (Dermot G ODonovan Partners), Willie ODea
Savoy hotel(Limerick), Riverpoint(Limerick), Bedford
Row(Limerick)
Michael Costello
Kieran Wallace (KPMG, receiver),
Racket Hall Trading Racket Hall hotel(Roscrea), Bank bar
and Rogue Traders restaurant(Limerick)
Balmaford
Kieran Walshe (KPMG, receiver), Martin
Naughten (Glen Dimplex), David Shubotham Whites
Hotel Whites Hotel (Wexford town)
Freestand Kieran Wallace (KPMG, receiver), Noel ODywer,
Michael Gilmore
GPO Nightclub(Galway)
Tweedy Group Bob Tweedy, Eylewood, Woodman,
Cherryfox Taverns, Ulysses Taverns, Frank
Wallace(liquidator) Muldoons Bar (Waterford), Peigs Bar,
Oxygen nightclub, Park Inn and Bad Bobs(Lismore Park),
Oscars bar and restaurant, (Dunmore Road) Woodman
bar(John Street), Rubys lounge and club(John Street),
Masons(Manor Street), Ulysses and Ten nightclub(John
Street)
Capital Bars Group Liam ODwyer (brother), Des
ODwyer(brother), Pearse Farrell (Farrell Grant Sparts,FGS,
receiver), Kieran Wallace(KPMG, receiver), Toji Holdings
Limited, Cathal Jackson(owner of the Copper Face Jacks
nightclub, Harcourt Street), Mataking,
Cafe en Seine

(Dublin), Howl at the Moon(Dublin), Zanzibar (Dublin), the

George(Dublin), Break for the Border (Dublin), Dragon
(Dublin) the Grafton Capital hotel (Dublin) and Trinity
Capital hotel (Dublin)
Tom Keane (Thomas Keane)
Kieran Wallace (KPMG,
receiver), John McStay(McStay Luby, receiver), Killenard
Golf Company,Seinfield Holdings, TK Contract Systems
Limited, Corrigeen Construction Company Limited, KeaLwe Ltd, Killenard Golf Company Limited Killenard and
Heritage Golf Hotel and Spa (Laois), Corrigeen(family
home,Stradbally, Co Laois)
Kelcar Developments
Billy ORiordan (PwC,
Pricewaterhouse Coopers, receiver) Blarney Golf Resort
Bennett Developments Chris Bennett, Jewelbury, Deputy
Sean Power
Merchants Yard(East Wall Road, Dublin)
Lynch Hotels Michael Lynch, Michael B Lynch, Declan
McDonald (receiver, Pricewaterhouse Coopers)
Green
Isle Hotel (Clondalkin), Clare Inn Hotel (Dromoland, Clare),
and Breaffy House Resort (Castlebar, Mayo), West County
Hotel (Ennis, Clare)
Michael Kearney
Airport Road hotel
Aiddon Limited
Golf and hotel complex at Fruitfarm
(Kilsallaghan)
Spectrum Developments Limited
PJ Walls City Junction
business park(Balgriffin), Trinity Central (Pearse Street,
Dublin 2)
Yair Levy YL Real Estate, Anglo, Kent Swig, Related Cos
230 apartments at Battery Park City(225 Rector
Place, Manhattan, USA)
Larry Goodman
Reverie, Ven Air, Warren Private
Clients, Blackrock Hospital Group, the Hermitage Clinic
and Galway Clinic, Laurence Jr Goodman (son), C&D
Foods, Irish Food Processors (IFP), Anglo Irish Beef
Processors (AIBP), Salus beef facility (Pniewy) Setanta
Centre(Nassau Street), building at Harcourt Road(Dublin),
hangar next to Dublin Airport, 1 x Falcon EX2000 aircraft,
Goldman Sachs headquarters building in London, Earl of
Kildare hotel (Dublin), hotel-and-golf-course development
on a 950-acre site they own near Dundalk, Co Louth, 25
acres of land at the former meat-processing plant at
Ravensdale, 58-acre site near Waterford city, mixed-use
scheme on a five-acre site (Clonmel)

John Byrne
Alstead Securities, Carlisle Trust, Dublin
City Estates, Tristan Settlement and the Prospect
Settlement
Kings Building (Smithfield, Dublin 7),
DOlier Street House, offices on Parnell Square
Tom Jones, Deirdre Jones
OMalley Construction
Frank OMalley, Jason OMalley,
Myles OMalley, Shelbourne House Partnership, OMalley
Homes and Development Limited Shelbourne
House(Ballsbridge), Proby Square(Blackrock), former
Chester Beatty Library site(20 Shrewsbury Road, Dublin),
7,000 residential units in Galway, Carlton Mews(family
homes)
James Ring, Gerry OConnor
Athlumney(Navan)
Lochlann Quinn (Loughlann Quinn) Glen Dimplex, Martin
Naughton 85-93 Mount Street(Dublin), Atrium
Building(Sandyford), Citigroup HQ(IFSC), Merrion
Hotel(Dublin)
Austin Kelly
Hollybrook Construction 2-3 Parnell
Street(Dublin), 29 houses on Enaville Avenue and St
Patricks Avenue (North Strand, Dublin)
John ONeill, Patricia Ward
Pecan Properties, Bernard
McNamara, David Courtney, Bernard Doyle
Garda
Building(Harcourt Street)
Damien Tansey
Apollo House(Tara Street)
Sean Carew
Harbour House(Clonmel)
Denis OFlynn, Daniel OFlynn
Irish Life House(South
Mall, Cork)
Matt Gallagher Earlsfort Centre Developments, Ravenshall
developments, Construction Industry Federation (CIF)
67-72 Lower Mount Street(Dublin), East Point
Business Park(Dublin)
Patrick Rocca Accorp
Holbrook House(Holles Street),
Argos distribution centre(Bedford, UK)
David Flynn
D Flynn Properties properties in Waterford
MPS Global
Jas Kalsi, Myles Kirby (Ferris and
Associates, liquidator), Ennis Chamber of Commerce,
Muldowney Property Services, Muldowney Group, Avanti
Holding(Dubai), Firm assist, IDP Invest condominium
developments in New York and Chicago, Banksko/ Bansko
(Bulgaria), UAE, 166 Lower Rathmines Road (Dublin), 75
Wall Street (New York)
Denis Desmond
MCD (McCann Desmond), Caroline

Desmond(wife), Mean Fiddler Music Group, Clear Channel,

Eamonn McCann, Olympia Productions, Gaeity
Investments, MCD Management Services, Abrakebabra
Limited (50%), DF Concerts(50%), MKG(20%), Joe `Def
Leppard Elliott, Joe Elliot, Harry Crosbie, Gerry Ryan
(decedent), Robbie Wootton, Graeme Beere (Graham
Beere)
Citywest Hotel, Citywest Convention Centre,
Gaiety theatre (Dublin), Olympia theatre (Dublin),
Ambassador theatre, SFX, Leeds festival, Reading festival,
Glastonbury festival(32%), Santas Kingdom, Santas
Kingdom, Abrekebabra, Today FM (Radio Ireland), Witnness
(Fairhouse Racecourse), T in the Park(Scotland), King Tuts
Wah Wah Hut, Academy Brixton (London), Saw Records
Hastings Hotels
William Hastings (Billy Hastings),
Howard Hastings (son), Landmark Investment Limited
(Merrion Hotel) Europa Hotel(Belfast), Merrion Hotel (50%),
six hotels in the North, including the Europa hotel in
Belfast
Sisk Capwell Investment, Sicon, Dragados, John Sisk and
Sons, El Seif (Saudi Arabia), Tom Costello
Aviva
Stadium(Dublin), Grand Canal Theatre(Dublin), tunnels
associated with Londons new commuter line, contracts in
the middle east, sailing club in Villefranche on the Cote
dAzur, Riyadh Techno Valley (Saudi Arabia)
Barry Gilligan Big Picture developments, Multi
Development, Northern Ireland Policing Board Nelson
Street(Belfast), The Bakery (Ormeau Road, Belfast),
Victoria Place, Fortwilliam Grange, The Courthouse Hotel,
The Lighthouse (236 apartments, Belfast), City hotel
(Londonderry, Derry)
CFRI-NCA Palladium Venture Commonfund Realty
Investors, Newport Capital Advisors, Anglo Irish Bank
Hollywood Palladium
Ger Killally, Gerard Killally
Naomi Killally (wife), Frank
Mulligan (Father-in-law), Brian Cowen, Gerard Killally
Auctioneers, Richie Connor, Daingean Road Partnership ,
Downshire Partnership, Stateridge Partnership, Dublin
Road Partnership, Plaza Developments Limited and KCDLG
Forbairt Holdings Limited, Cos Acts, Declan Ging (Declan
Guing), Frank Lawlor, Offaly County Council (chairman),
Adrian Daly, Miriam Kavanagh, Miriam Kavanagh &
Company solicitors, national Irish Bank, Peter Wheeler,

Jeremy Doyle (Doyle Hanlon Solicitors), John Burke and

Company (solicitors)
35-acre briquette factory (Mount
Lucas), Shean (family home Edenderry, Co Offaly), lands
at Cappincur (Tullamore), 16 acres at The
Downshire(Edenderry), lands at Dublin Road (Edenderry),
Plaza Hotel (Edenderry), 10 acres at Daingean
Road(Tullamore)
Noel Dempsey Noel Dempsey Construction Limited
Syngefield House (Birr, Offaly)
Joseph Brophy Ltd, Eden Development Homes Ltd, Helm
Housing Association Cluain Abhainn (Erry, Maryborough),
Watermill Place (Monastrevin, Monastrevan)
Marc Cochrane Sir Henry Marc Sursock Cochrane, Hala esSaid(wife), Hambros Bank Limited, GT Management PLC,
Faiza Maria Rosebud Cochrane (daughter), Alexander
Desmond Sursock Cochrane (son), Patrick Talal Cochrane
(son)site at Woodbrook(Shankill)
Reg Tuthill, Derek OLeary
Sandyford Forum
Developments, Jerry Ryan (HKR)
The Chase (Carmahall
Road), Red Oak North (South County Business Park
Leopardstown), Chapel Hill (Chapelizod), Red Oak South
(South County Business Park Leopardstown), The Forum
(Arkle Road,Ballymoss Road), The Courtyard(Carmanhall
Road), The Marlay (Kellytown Road), Shaw Street (Dublin),
Ballincollig Technology Park (Cork), Roebuck Hall
(Clonskeagh), Southside HQ, Mountainview, Blackthorn
Avenue(Sandyford)
Colm Butler (Colum Butler), Ciaran Butler
Chamber
Properties, Blanch Properties, Martinet Limited (Isle of
Man), South County Development, Entertainment
Enterprises
Red Oak office complex (South County
Business Park, Sandyford), Leisureplex, TGI Fridays, Hard
Rock Caf, Dudleys Field (Airfield estate, Dundrum), UCI
cinema chain
Cyril McGuire Trintech South County Business Park
Owen OCallaghan Rockboro Properties, Primerica, the
Mahon Tribunal, Barkhill Limited, Grosvenor Estates
18-20 Grafton Street(Fitzroy House, London),
Charlotte House (Mayfair), Liffey Valley Shopping Centre
Sheelin McSharry
Sheelin McSharry Bushy Park Limited
Bushy Park House (Terenure), Herbert Park Lane
(Ballsbridge), Ashbrook (Howth Road), Embassy House

(Ballsbridge)
Mchael Burke Burkeway Construction, Burkeway
Sandyford, John StauntonRivergrove (Oranmore, Galway),
Pointe Boise (Salthill, Galway), Time Place (Beacon
Quarter, Sandyford), Brighton Square (Foxrock), Forster
Court Hotel (Galway), Bolton Hall (Ballyboden)
Flynn OFlaherty
Jimmy Flynn (James Flynn), Noel
Flahery, Flynn OFlaherty (Dublin) Limited, Mick Cotter
The Pavilions shopping centre (Swords), Phoenix Park
Racecourse Development
Manor Park Homes Patrick Joseph Moran(PJ Moran, Joe
Moran), David Daly(Albany Homes), Manor Park
Homebuilders Limited, mary Bourke, Mark Bogard, Declan
Kenny, Gary Owens, IFG Group PLC, IFG Holdings Limited,
IFG Securities Limited, IFG Investments and Mortgage
Services Limited, IFG Pensco Limited, James Hay Holdings
Limited, Simply Mortgages Holdings Limited, New Manor
Developments, IWP International, PJ Mara, Richard Hayes,,
Irish Wire Products, Joseph ODriscoll, Development Capital
Corporation Limited (DCC), John F Supple Limited, John
Moran, Gerard Whyte, James Francis Flavin, Santander
Group, Tom Kavanagh (receiver, Kavanagh Fennell)Charles
Haughey home (Abbeville, Kinsealy), Ongar Stud (Clonee),
29-acre site at Cappagh Road(Finglas), 416 houses at
Pembroke Wood, Passage West in Co Cork, lands at
Hansfield(Blanchardstown), Lilys Court,(Dublin 15), Ongar
Square(Dublin 15), Ongar Village(Dublin 15), Ongar
Green(Dublin 15), Aston Village(Drogheda), Chapel
Farm(Lusk), Ongar Park(Dublin 15), Ongar Wood(Dublin
15), Ongar Chase(Dublin 15), Termon Abbey(Termonfeckin
Road , Drogheda), Grattan Hall(Dublin 13), Grattan
Lodge(Dublin 13), Feirnleigh(Sandford), Clare Hall
(Malahide Road) , Woodlawn(Santry), Sandyford Hall,
Swords Manor, Royal Oak, Aulden Grange(Santry),
Hazelwood(Clondalkin), Leopardstown Heights(Sandyford),
Templemanor(Walkinstown), Dorney Court(Shankhill),
Liscorrie (Crosslanes, Drogheda), Heathfield(Cappagh
Road, Finglas), Barnwell Hansfield(Hansfield, Dublin),
DeLacey Park (Liscorrie, Cross Lane, Drogheda), 33
Grafton Street (Dublin)
New Manor Developments
Mike Coffey
Queensgate
development(Birmingham, UK),

Event Horizon Limited

Mervyn Walsh, Largreen Ltd,
Sherside Ltd, Declain Taite (Receiver, ), Dorcas Walsh
(sister)
Rinuccini estate (Portlaois, Laois), Moyne
housing development (Enniscorthy), Lansdowne
Village(Ballsbridge, family home), property in Monaco
Graham Builders Limited family owned Maryborough
Village (Mountrath Road, Laois, Portlaois), The Downs
(Stradbally Road, Portlaoise), The Hermitage (Borris Road,
Portlaoise)
Middle East DevelopmentKensington Royale Investors
(KRI), Dubaicondoproperty.com
Kensington Royale
(Dubai Sports City)
Gleeson Modern Homes Limited
Michael Gleeson
MacRegol development (Birr, Co Offaly), Corr na
Meala (Birr, Co Offaly)
Brian Cunningham MOORVIEW DEVELOPMENTS LIMITED,
SALTHILL PROPERTIES LIMITED, VALEBROOK
DEVELOPMENTS LIMITED, SPRINGSIDE PROPERTIES
LIMITED, DRAKE S.C. LIMITED, MALLDRO S.C. LIMITED, THE
POPPINTREE MALL LIMITED, BLONDON PROPERTIES
LIMITED, the Cunningham Group, Ray Jackson (Receiver,
KPMG), Albert Reynolds, Pdraic White (Padraic White),
Tony Rooney, Patrick Gillen, Kanwell, Steepleview
PropertiesBanba hotel site (Salthill, Galway), 190apartment development in Malahide, Poppintree Mall
(Finglas), property in Maynooth
Aranbel Limited
Brayton Park Management Limited.,
Aranbel Construction Limited., Gainsmount Homes
Limited, Thomas Farrell, Liam Mounsey, Brendan Delaney,
Aranbel Kilcock Limited Fortunes Lawn (Citywest)
Galvin Developments
Souter Enterprises, Jeremiah
Galvin, Colm Galvin, Denis Galvin, John Shee, Joseph
Hanrahan 120 acre site at Cappagh(Co Kerry)
Denis OConnell
Brendan Quirke, Susan Quirke
Corbally Road, Cummer (Tuam, family home), 15
detached two-storey houses at Gardenfield (Tuam)
Dermot ORourke
Perle ORourke (wife), Jerry Conlon
(Gerry Conlon), Oberstown Developments Limited,
European Hotel Group, Reldon Limited, Keredern
partnership
Keredern House stud (Naas, family home),
400 acres associated with the Millennium Park business
park in Naas, Co Kildare, Barclays portfolio of High Street

properties (UK)
Emmet Memery
Cellular Services, Zoocom,
Lemongrass, Papillon Wines, Pulse Telecom, Oyster
Telecom, Conor Mohan, Leo Mohan, Ciao Caf (Baggott
Street)
Northumberland Road (Dublin, family home),
extensive property assets in Ireland, Britain, South Africa
and continental Europe
Corrigeen Construction Tommy Kane Heritage Hotel
(Portlaoise), 26 suburban houses at Vicarstown (Laois)
Claybourne Properties Limited Mark McCormack, Maria
McCormack(wife)
500-unit housing scheme
Graiguecullen(Fruithill, Laois), 154 houses at Burgage
Manor ( Blessington, Co. Wicklow)
Ellier Developments Francis Rhatigan, Chris Jones 655
houses and apartments at Ballycullen(Dublin),
Woodstown(Dublin), Corr Castle ( Howth), 85 apartments
at Lad Lane (Wilton Place,Dublin), apartment scheme at
Hanover Quay in the south Dublin docklands
Tom Crosby
Tarmonbarry, Termonbarry
(Roscommon)
SL Properties
218 new homes at Farranyoogan
(Longford Town)
BCS Homes Limited Gilroy Gannon (liquidator), Peter
Smyth
Silver Birches development (Stonepark,
Dunbeggan, Longford)
Michael Fingleton
Eileen Fingleton(wife), Irish
Nationwide Building Society (INBS), Charlie McCreevy,
Gerry Gannon, John Lyne, Senator Francie OBrien, Charles
McGuinness, Noel Mulligan, Francis OBrien, Louis Maguire,
UEP, New Fjord Developments (Petrovac, Montenegro),
Paradise Bay Resort, Svetlana Zenovich, Seamus Ross,
Menolly BV Netherlands lands at Clongriffin (north
Dublin), Liskilleen(Abingdon Park, Shankill, south Dublin,
family home), 17 acres of agricultural land at
Inniskeen(Monaghan), land at Stradone (Cavan), 41 acres
of agricultural land at Latton (Monaghan), 2 apartments at
Hotel del Golf complex (Marbella, Spain), two landbanks in
Castlebar (Co Mayo), Baltinglass (Co Wicklow), 62
apartments at the Booterstown Wood (even-storey block
on the corner of Booterstown Avenue and Stillorgan Road,
Dublin), Leopardstown Oaks (Dublin), Phibsborough Road
(Dublin), development land in Montenegro (URC Slavija

hotel and leisure centre, Hotel Fjord, Jugooceanija all in

Kotor, Montenegro), four apartments on the Mespil Estate
Meadowbank Developments Limited
K&K Homes
Plary Abbey(Ballymore),Eastmeadow(Ballivor),
Lismeen Hills(Cavan), Foxbrook(Ratoath)
Altara Homes Limited
Woodlands(Ratoath),
Delgany Glen (Delgany), The
Nurseries(Mulhuddart),Westbrook Glen (Blessington Road)
Walthill Developments
Corballis Demesne
(Ratoath)
Hollioake Limited
Sherwood Builders, Michael Hickey,
David Dalton, William Durkan Lanesboro(Finglas),Tullyhall
(Lucan), Rossberry (Lucan), 286 new homes at
Ratoath(Meath)
Atlas Developments Limited
16 houses at
Rathpeacon(Killeens, Co. Cork)
OBrien & OFlynn Limited
84 houses and 6
apartments at Lotamore(Glanmire, Co.Cork)
Euro North West Construction Limited
22 houses at
Dunross(Culduff, Co. Donegal)
Ballyboden Farms Limited
71 apartments at The
Heights (Woodpark, Ballinteer)
Mycete Construction Limited
538 apartments at
Mariaville(Maynooth, Co. Kildare), Dunboyne(Meath)
M&G Homes Limited
122 houses at Rochfortbridge
Village( Rochfortbridge, Co. Westmeath)
S&K Carey Limited
133 houses at Lacken
Road(Kilbarry, Waterford)
Sonnet Limited
31 apartments at the corner of Dublin
Road and Quinns Road(Shankill, Co. Dublin)
Buffdale Limited
24 apartments at
Rocklands(Drumalee, Cootehill, Cavan)
Batty Hayes
72 dwellings at
Cappanclare(Inchigeelagh, Cork)
B&E Construction
27 houses at Beechwood(Park,
Lifford, Donegal)
Pat Blee, Cathal Blee
50 houses at Drumrooske
Middle(Donegal)
Habitat for Humanity
14 dwellings Belclare
Green/Balbutcher Lane South(Ballymun, Dublin)
Ballymun Regeneration Limited
72 apartments at
57-128 Sillogue Avenue(Ballymun)

LJM Ireland Ltd

44 dwellings
Skenagun/Cartefarm(Castledermot, Kildare)
Patrick Purcell
13 houses at Kilmurray(Slieverue,
Kilkenny)
Pat Moore Partnership
35 houses at ODonnell
Land(Cooltaderry, Portarlington, Laois)
Liam McMahon
50 houses at Ballymorris
Road(Portarlington, Laois)
The Chantier Partnership
145 dwellings at Chantier
Gate(Beladd, Portlaoise)
Seamus Argue Comer, Kieran Argue Comer
51
houses at Baltray Road(Balfeddock, Termonfeckin, Louth)
McCaughey Developments Limited 43 houses at Old Golf
Links Road(Blackrock)
Caroline Thompson
27 houses at Kiltamagh
Townland(Kiltimagh, Sligo)
Rockview Developments
445 dwellings at Duleek
Road(Lagavooren, Meath)
Michael Glynn
193 dwellings at Seffin(Birr, Offaly)
Martin Murphy
70 houses at Kilcoursey Road(Clara,
Offaly)
John OSullivan
116 houses at Daingean
Road(Cappincur, Tullamore)
Dario Morelli
52 houses at Cloonybeirne
Townland(Lanesboro Road, Roscommon)
Edenabbey Developments Limited 101 bungalows at
Clogheen Market(Cahir, Tipperary)
Six Cross Roads Real Estate Limited ten houses at
Ballyhoo(Kilbarry Road, Waterford)
Donohoe Building Ltd
204 apartments at
Clonbrusk(Athlone, Westmeath)
James Duffy & Sons
12 dwellings at Kilcleagh(Moate,
Westmeath)
Marc Scully
12 houses at
Nevillescourt(Ballycanew, Wexford)
Patrick OBrien
18 houses at Ramsgrange(Kilcowan,
Wexford)
Quayfront Limited
27 apartments and houses at
North Quay(Arklow, Wicklow)
Gerald Barton Landmark National, Landmark Land
Company Inc, Kiawah Development Partners, Godchaux
Doonbeg Golf complex, Apes Hill Club(Barbados),

Lost Canyons Golf club(California)

David Drumm Anglo, Lorraine Drumm(wife), Ken Drumm
(brother), Okohaus Superstructures Limited, Harborlight
Capital Partners, Delta Corporate Finance,Mayo Holdings,
JM Realty, JM Realty, Mayo Three, Susan Drumm, Mary
Drumm, Michael Barnett 20 Abington (Malahide, Dublin),
Stage Neck Road(Cape Cod, Massachussetts), The
Way(Skerries Rock, Dublin), 73 Old Coloney Road
(Wellesley, Mass), construction of schools in Gorey, Co
Wexford and Portlaoise, Co Laois, Judge Roy Beans pub on
Nassau Street (central Dublin), 173 Cross Street
(Chatham, Massachusetts)
Lee Hotel Group
Mespil Hotel(Dublin), Sligo Park
hotel (Sligo), the Kenmare Bay hotel
Achilleas Kallakis
Pacific Group. Stefanos Kollakis,
Martin Lewis, Green Property, Alex Williams, The Institute
of Heraldic Affairs, Project Eastern Ridge 32 St Jamess
Square(London), 234,000 sq ft headquarters of the
Telegraph newspaper group, bought for 218m, 7-8 St
Jamess Square for 120m, Apollo and Lunar House in
Croydon for 95m, Market Towers in Vauxhall for 75m
and the India Buildings (Liverpool)
Peter Stritch
Brian McEnery(Horwarth Bastow Charleton,
receiver), Bank of Scotland(Ireland), BoSI, Bellisle
Properties (liquidation) Groody Student Village(Limerick)
Ely Property Group Verum Limited, Philip Marley,
Newcourt Group PLC, Brian Winters, David Campbell,
734 bed student accommodation and commercial use
development in Birmingham City Centre, 6 student blocks
in Ireland & UK comprising 1,772 beds, Aldborough House
(Portland Row, Dublin)
Senator Ivor Callely Seanad Eireann
48 St Davids
Wood(Artane, Dublin): letting, co-ownership of 59/60
Clontarf Road (Dublin), investment
Ward family
Ward Anderson Group, Alburn(Noel Smyth),
UCI/ Leisureplex , Abbey Films cinema complex at The
Square shopping centre(Tallaght, south Dublin), 150
screens in Ireland(including Dublins Savoy),Abbey Films.
Blackrock International Land Fyffes, Robert Knox,
Balmoral International Land Public Limited Company, Carl
McCann, Michael OFlynn, Rosecastle Limited Xerox
Technology Park( Dundalk), Royal Bank of Scotland (Milton

Keynes, UK), Drum Estate(Edinburgh), on Belgian

warehouse and office properties, warehouses, offices and
industrial buildings in Belfast, Southampton and London,
land in Swords, Co Dublin, and offices in Clonshaugh, Co
Dublin.
Corbo Properties
Sam Morrison, Sam Morrison (son),
Stephen Kirkpatrick Longwood Road Retail Park
(Newtownabbey, NI), Damolly Retail Park (Newry, NI), 4854 Donegall Place (Belfast), Fairhill shopping centre
(Fairhill centre, Ballymena), Cityside shopping centre
(Cityside retail park, North Belfast), supermarket at
Ballyronan Road (Magherafelt), Replay, Remus Uomo,
Sixty and Clockwork Orange clothes stores and the Tommy
Hilfiger franchise,
Jay Bourke
Sherland Entertainments Limited, RTE(The
Mentor), Southlinch Limited, Shebeen Shic Limited
(trading as Thomas House), Mercroft Taverns Limited,
Bellinter House Ltd, Simon Kelly,John Reynolds, Eoin
Foyle,Jan Kohler, Declan Taite (receiver, FGS),OHagan
Contract Interiors LimitedCaf Bar Deli (Ranelagh), Caf
Bar Deli (South Great Georges Street, Dublin), Caf Bar
Deli (Cork), Eden Restaurant (Temple Bar, Dublin), Bellinter
House (Meath), The Skylab Building (Exchange Street,
Dublin), Leinster Road, Rathmines (family home, Dublin)
Noel Lyons
Ferndale Leisure PLC, Tom
Kavanagh(Kavanagh Fennell, receivers), Ferndale Leisure
Limited, Ovidstown Developments Limited, Golf
Partnership Ireland Limited, Sun Art Fine Art Limited,
Outside World Limited
Knockanally Golf and Country
Club (Ovidstown, Naas, Kildare)
Leslie Buckley Carmel Buckley (wife), Digicel (Carribbean
telecoms),McInerney, Irish News and Media, Aer Lingus,
Agra Trading, Monaghan Mushrooms, Jefferson Smurfit
Group, Telecom Eireann, Esat, Iarnrd Eireann, Irish Steel,
Waterford Crystal, Esat, E-Power, Digicel, Saongroup, ICAN
developments at Knockboy(Waterford), Haven housebuilding project in Haiti., Dalkey (family home),house in
west Cork, Quinta do Lago (Algarve)
Michael Lynn Brid Murphy(wife), Rory O Farrell(receiver),
Cathal Power (brother in law), Croi 61(Hungary), Kendar,
Kendar Bulgaria, Nuno Paulino Glenlion House (Howth,
family home), 20 St Albans Park(Sandymount, family

home), Dromahair (Leitrim), 156 apartment Sziv 61, Costa

de Cabanas(Portugal)
London and Metropolitan (London & Metropolitan) Ian
Livingstone, Richard Livingstone, Niall Gunne Eircom
Building (Citywest, Dublin), 55 Baker Street(London),
David Lloyd fitness centre (South Dublin)
McCLOSKEY AND OKANE BUILDING COMPANY LIMITED
Greencastle Fort Hotel (Donegal)
Niall McManus and Company Limited
Declan Taite
(Farrell Grant Sparks, FGS, receiver)
Corryard Wood,
drumshambo, Drumshanbo (Leitrim)
Bonane Limited
Jim Horgan, Ian OLeary, Thomas J
ODriscoll (Thomas ODriscoll, Tom ODriscoll), Horgan
Meats. James Horgan (son)
a property in Douglas (Cork)
Patrick HegartyWG Mitchell, Ernst and Young (Ernst &
Young, E&Y, Administrator), WG Mitchell (Derry), WG
Mitchell (Richmond) Limited properties at Charlotte
Square, George Street (Edinburgh), Richmond Shopping
centre (Derry, Londonderry), properties at Fraserburgh,
Glasgow and Perth (Scotland),10 industrial, office and
retail properties located in Derry, Portadown and Antrim,
Quay leisure park (Glasgow), Point Hotel (Edinburgh),
Caledonian Hotel(Edinburgh), Radisson SAS (Royal Mile,
Edinburgh), Park Inn (Glasgow), Park Inn (Sheffield),
Ramada Cromwell Hotel (Stevenage), Ramada
(Colchester), Ramada (Bury St Edmunds), Ramada (Kings
Lynn), Ramada (Peterborough)
Jim Corr The Corrs, Liam Marks, Philip Marks 91 (97?)
acres at Goresbridge(Kilkenny), Old Windmill Road,
Crawfordsburn, Bangor (family home, Co Down)
Mansford Real Estate
Oliver Smith, Charles Knight
Strabane Retail Park, Chelsea Harbour (Chelsea,
London), Brains brewery (Cardiff), Swinton Shopping
Centre (Manchester), Renaissance Lifecare (UK), Rolle
(Switzerland)
Taggart Properties Michael Taggart, Dermont Group, John
Taggart, Bill ORiordan (receiver, Pricewaterhouse
Coopers), Garth Callow (administrator, Pricewaterhouse
Coopers) Taggart Lands (Belfast, Coleraine), building
houses in Navan
Neil OCallaghan
Sherborough Development Company,
Brodnax, Persian Properties
OCallaghan Hotels

(4xDublin, Gibraltar, Maryland(US)) OCallaghan Alexander

hotel (Dublin) OCallagha Davenport (Dublin) OCallaghan
St Stephens Green (Dublin), Mont Clare Hotel (Dublin)
Karl Morris
Simple Overseas Properties, Denise Morris
(wife), Georgina Cooke (former director), Asilah Invest,
Fatima Mbarki property in Schull (Cork), Mijas (Costa del
Sol, Spain), golf and beach complex Tangiers Tangier
(Morocco), business interests in Spain, Asilah Marina Golf
and the Asilah Beach Resort
Patrick Kelly (decedent, Patrick J Kelly, Paddy Kelly, Gentle
Paddy Kelly)
Kelland Homes, Patrick Kelly Jnr (son),
Rockbriar, Markland Holdings, Sean Mulryan, Drumaville
Consortium, Aidan Scully, Joe Shannon Sunderland
Football Club, Sunderland AFC, Kptva department store
(Prague), Elmfield House (Ballyogan Road, Sandyford), 5
Bessborough Hall (Rathmines, Dublin)
Glenford Construction (Wicklow)
Kieran Wallace (KPMG,
receiver) 30 apartments on Eglinton Road(Donnybrook,
Dublin), a site in Co Wicklow
Superstructure Construction Declan Taite (Farrell Grant
Sparks, FGS, receiver)
investment properties in Dublin,
279 Richmond Road (Fairview, Dublin)
Michael Murphy
Margaret Murphy(wife), Michael
Murphy jnr(son), Gail Fitzgerald (nee Murphy, daughter),
Thomas Murphy(son), Liam McArdleElsinore (family home,
Castletroy, Limerick)
Charles Anthony Cromwell (Charles Cromwell)15m site in
Donabate(Dublin)
John Cotter
John A Cotter, Finbar Tierney, Darren Cotter
properties at Compass Hill(Kinsale), Well
Road(Douglas, Cork), site at Farm Lane, (Kinsale)
Noel Mulligan
433 houses and apartments at
Swellan (outside Cavan town, Cavan)
Vico Capital
Brian ODonnell, Dr Mary Patricia ODonnell
(wife), Redicent Limited, GreyStoke Societe Anonyme, a
company registered in Luxembourg; Vico Swiss Holdings
AG, and Avoca Properties Limited, William Fry law practice
(Dublin) Sanctuary Building (Victoria, London), 17
Columbus Courtyard (Canary Wharf, London), Fatburen
office block (Stockholm), 2009 Pennsylvania Avenue
(Washington, DC), Westferry Circus in Londons Canary
Wharf district, Gorse Hill, Vico Road (family home, Killiney,

Dublin), Ailesbury Road in Ballsbridge, and a lakeside

country estate on Lough Corrib at Oughterard in Co
Galway, ski chalet in the French resort of Courchevel
Kuvera Ireland Kuvera India and VG Buildtech, Kieran
Murphy, Seymour Major, Kuvera Properties (India) Pvt Ltd,
Dr Ajit Jha, Kuvera (Ireland) Limited Orchard View and
Mountain View (Rudrapur, in northern India), Kieran
Murphy, Cabinteely Way, Cabinteely, Co Dublin, Seymour
Major solicitors, Belmore Street, Enniskillen, Dernawilt
Road, Enniskillen (family home, Seymour Major)
Jackson Way Properties Limited
Jim Kennedy (James
Kennedy),John Caldwell, Frank Dunlop, Regents Park
Developments Limited, Joseph Kennedy (son), Antoinette
Kennedy (daughter), Patrick Kennedy (son), Alan Holland,
Paisley Park, Deputy Liam Lawlor (decedent) 107 acres in
Carrickmines (Dublin), Amusement City amusement
arcade at Westmoreland Street(Dublin), 422-homes
project and six shops and a creche (Stapolin, Baldoyle)
BAM Contractors Limited Ascon Contractors,Royal Bam
Beamish Crawford brewery site in Cork city,Portlaoise
Public Private Partnership bypass and the Luas extension
to Citywest.
Bernard Doyle Kantak Enterprises, Bernard McNamara,
David Courtney, John Sweeney, Jerry OReilly, Marumba
Properties, David Carson (receiver, Deloitte), Terry
Sweeney, Simon Burke, Eoin Doyle (brother) , Evan Doyle
(brother), Firefly Properties, Brooklodge Estate Limited,
Durgman Entertainment Limited
Shelbourne
House(Stephens Green), Finglas Shopping Centre,
Superquinn, Brooklodge Hotel, Macreddin golf course
( Aughrim),
Pat Shine Pricewaterhouse Coopers (PwC), Ayers
Properties, Ardawn Developments, Peter Murray, Sen
Lyne, Brendan Fitzsimons, Greg Dilger, Ardawn
Developments Two, Bill Mulrooney, Brendan Fitzsimons,
Eamonn Quinn 158 acres it owns around Blackditch House
Michael Fitzgerald Properties Limited
Michael
Fitzgerald, Peter Fitzgerald (son), Paul Fitzgerald (son),
Fitzgerald Group
Gortard (family home, Clarinbridge,
Co Galway), 21 mixed-use commercial units on a site in
Roscommon town, developments in Galway city, The Mill
apartments (Ballisodare, Sligo)

Walsh Maguire and Company Limited

Grant Thornton
(receivers), Vincent Maguire, Liam Moran, Stateford
Limited, Deputy Bertie Ahern, Tim Collins, Martin Harte,
Mark McGrane, Peter McIlroy,Tom Kennedy Snr, Tom
Kennedy, Tom Callanan, Manor Park Homebuilders,
Michael Gillen The Waterfront apartment block
(Drumcondra, Dublin), a commercial property in
Blackhorse House Industrial Estate(Dublin 7), 154 twobedroom apartments and 22 luxury penthouses in Grattan
Hall (Dublin 13), shopping centres at Clondalkin and
Navan, Fyffes PLC fruit storage and distribution centre at
Smithfield, courthouse and Garda Station (Dun Laoghaire),
Pope John Paul II National School (Malahide), mixed
development of office and residential space at Chancery
Lane, (Dublin 8), mixed development of residential and
retail space at Windsor Terrace, mixed development
covering 1.2 ha at Hamlet Lane (Balbriggan), mixed
development in Dun Laoghaire, AIB premises (Dundrum
and Rathgar), new development in Castleknock (close to
the Phoenix Park gates), 50m flagship 17 storey hotel as
well as 150,000sq ft commercial space in Clonshaugh,
developments in Shankill, development at The Courtyard
(North Great Georges Street), mixed development in
Zellam See (Austria)
Airspace Investments Limited Ken Rohan, James Rohan,
Rohan construction Grand Canal Plaza (Grand Canal
Street, Dublin), Dublin AirPort Logistics Park (Santry, North
Dublin), Airways Industrial Estate (Santry, North Dublin)
Louis Maguire
http://www.tribune.ie/article/2005/jun/05/green-lightfor-huge-apartment-and-office-scheme-o/
Ratno
Ostrvo (Beograd, Belgrade), Vega City project (north Co
Dublin), development land in Montenegro (URC Slavija
hotel and leisure centre, Hotel Fjord, Jugooceanija all in
Kotor, Montenegro)
Deerpark Tom Kavanagh (receiver, Kavanagh Fennell),
Belgard Partnership, Flynn Partnership Belgard Inn and
Cocos Nightclub (Tallaght)
Nuns Cross Partnership (Nuns Cross Partnership) Patrick
Doyle, Avondale Hall, Wicklow town; David Kelly,
Rathdown Villa, Rathdown, Greystones; Earle Kelly, Amego
Farms, Blacklion, Greystones; Kenneth Vickers, Seaview

Road, Wicklow town; Joseph Ronan, Mill House, Clora,

Nuns Cross, Ashford and Rory Fahey, Seapoint, Brittas
Road, Co Wicklow .25 acre site at Nuns Cross, Ashford,
Co Wicklow
Kieran Flanagan
development lands at Kilcolgan
and Claregalway, Co Galway, a site at Bunratty, Co Clare
Griffin Group Hotels Liam Griffin
Monart Destination
Spa, Hotel Kilkenny, Ferrycarraig Hotel
Aidan Brooks Sloane Capital, John McManus, JP Magnier
Ralph Lauren Store (Manhattan), Piaget store (Bond
Street)
Stephen Carr Patricia Carr
office accommodation at
Drinagh, Rosslare Road, Wexford
Shane Murphy Renaissance Financial Markets, Watermarx,
MLM, Rosaleen Giffney (wife), Rosaleen Murphy (wife),
Burrem Investments11, Abington, Malahide (family home,
Co Dublin), six-storey apartment complex on Dublins
Dorset Street
FCF Development John Fallon, Stephen Fallon and
Eugene Cawley, Kieran Wallace (receiver, KPMG) Hotel
Ballina (Mayo, formerly called the Ramada Manor House
Hotel)
Edward Fahy and Sinead Fahy Ravenshaw, White Lace,
Declan Taite (receiver, FGS)
Barrys Hotel (Dublin)
Green Property Company TPG Capital, Stephen Vernon,
Mark Munro, David Bonderman, Ryanair, Green Property
Investment Fund 1 PLC, Martlet Holdings, Green Property
Limited (UK registered), James McKenna, Paul Culhane
Blanchardstown Town Centre, Royal Liver portfolio
Edinburgh House
Tony Quayle
Castle Mall (Antrim
town)
Active Retail Fund Hunter Property Fund Management,
Centenary Investments Castle Mall (Antrim town), the
Priory in Worksop, the Guineas in Newmarket
Network Trading Group Limited
John Hansen
(liquidator, KPMG), Adrian Nicholl, Sonah (NI) Limited, the
Thornton Trust Highways Hotel (Larne), Church House
(Belfast)
Sean Quinn
Patricia Quinn (wife), Miriam McMahon
(sister), Tommy McMahon (brother-in-law), Peter Quinn
(brother), Sean Quinn jnr (son), Brenda Quinn (daughter),
Aoife Quinn (daughter), Colette Quinn (daughter), Ciara

Quinn (daughter), Peter Quinn (nephew), Stephen Kelly

(son-in-law), Niall McPartland (son-in-law), Quinn Insurance
Limited, Quinn Property Management, Peter Quinn,
Bouverie No 2 Limited, Leonardo Property Fund, Quinn
Life, Leonardo Property Pension Fund,Quinn Cement,
Quinn Glass and Quinn Insurance, Lud Investments Limite
(Cyprus), Moshaid Investments Limited (Cyprus), Opawa
Investments Limited (Cyprus), Pahu Limited (Cyprus),
Tarate Enterprises Limited (Cyprus), Morboneto Holdings
Limited (Cyprus), Quinn Investments Sweden, Bazzely
(Madeira), Finansstroy (Finanstroi), Indian Trust, The
Cranaghan Foundation Castorama/Avrora Centre (Ufa,
Russia), Caspiy Centre (Moscow), Q-City (Hyderabad,
India), Univermag Ukraina (Kiev, Kyiv, Ukraine), Prestige
Mall (Bahcesehir, Turkey), The Slieve Russell Hotel, Ciin
Spa & Wellness Centre, Buswells Hotel (Dublin), Holiday
Inn (Nottingham), Crowne Plaza (Cambridge, UK), Ibis
Hotel (Prague),Hilton Hotel (Prague), The Belfry
(Birmingham), Hilton Hotel (Sofia, Bulgaria), Sheraton
Hotel (Krakow, Poland), Leonardo Business Centre (Kiev,
Kyiv, Ukraine), Kutuzoff Business Centre (Moscow),
Gateway 28 Distribution (Penny Emma Way, Sutton-inAshfield, Nottinghamshire), Kazan Logistics Park (Kazan,
Russia), the Belfry hotel and golf course in Britain, 9000
sqm offices at IDA Business and Technology Park (Navan,
Co Meath)
John Kelly Richard Durkin, Thomas Byrne, Sinead Kelly
(stepdaughter), Frank McCarthy
Hunters Moon,
Kilquade (family home, Co Wicklow), properties in Dublin
and in Greenwich, England, Blarney Golf Resort, properties
in James Street, Dublin, 16-acre development site in
Oilgate, Wexford
Johnny Owens
Coill Rua (Mullingar)
George Wilkin
residential development sites in Bray,
Roselawn Green, Boghall Road (family home, Bray, Co
Wicklow)
The Irish Life/BCP Property Fund
De Beers (45-50
Old Bond Street, London)
Brenda Graham, Gareth Graham
Fernhill Propeties
Limited, Fernheath Developments College Court (King
Street, Belfast), flats at Whitewell Road (north Belfast)
James Greene and Son
Manhattan Bar (Lower Friars

Walk, Cork)
Frank Fahy
Shannon Homes Dublin, Shannon Homes
Investments
Laraghcon development in Lucan, schemes
in Balgriffin off the Malahide Road
Charlie Kenny Clancourt, Mall Holdings, Kenny family
Dunlop Centre on Hatch Street, Liffey Valley shopping
centre, Crescent shopping centre in Limerick, Harcourt
Centre office blocks in Dublin, Atlantic Coast hotel in Mayo
Brennan family Brennans bread
Hamleys toy store on
Regent Street, London, Tiffanys building on Bond Street
(London), Versace shop (Bond Street)
Tom McHugh, Thomas McHughThomas McHugh
(Kilcloghans) Limited, Tom McHugh (Kilcloghans) Limited,
Galway County Council, Sally McHugh (wife), St Jarlaths
Credit Union (Tuam) Clochran estate in Kilcloghans, family
shop at Kiltevna, Ard Ri House Hotel
Simon Elias, Izak Senbahar
Alexico group, RPAP, Atlas
Securities and Rock Point, Procaccianti The Mark hotel,
Alex hotel and Flatotel hotel (New York)
Ivor Fitzpatrick Errisford Development Limited a Eurocopter
EC120B, Christina O yacht, distribution agencies and in
quarries in south-east Asia, a quarry business at Vinh
(Vietnam), development at South Anne Street in Dublin
Hayfield Leisure Limited Mark Scally, Joseph Scally,
Margaret Scally
Hayfield Manor hotel, Killarney Royal
Hotel.
Ivan YatesFine Gael, Celtic Bookmakers, Joe Molloy
Bookmakers, May Yakes (mother), Deirdre Yates (wife),
Neil Hughes (receiver)
49 betting shops including
Swansea and Bristol, 16-acre farm at Enniscorthy( family
home, Co Wexford)
Mark Steinberg, Terence Cole Marcol, Chelsea Harbour
Limited, City and General, Compco, Advent International,
Median
Chelsea harbour (310 Private Apartments,
Serviced Offices, Design Centre)
Pollock Developments
Vow Road (Ballymoney),
development sites and properties in Ballymoney,
Bushmills and Dervock
Hawthorn Asset Management
Glen Road (Garvagh,
Derry), properties in Maghera, including a petrol station,
17 acres of development land at Stranorlar in County
Donegal along with a partially sold housing development

NMC Developments Neil McCann Brookfield Mill (North

Belfast)
Firestone Developments Limited
OMoore Park
GAA grounds (Portlaoise)
TS Taverns
Moran Hotels, Tom Moran, Sheila Moran, Alf
Smiddy, Tom Ward. 6 Bewleys hotel chain, 4 Moran hotels,
Red Cow Inn
Laing ORourke Ray ORourke, Des ORourke Welsh 21st
Century Schools programme
Ricky Byrne
R Byrne Concrete Limited, Salthill Court
Hotel Limited Salthill Hotel, Eyre Square hotel, Victoria
hotel, Metro Hotel (Leicestershire)
Windsor Securities
Shore Road Retail Park
McGimpsey and Kane (MGK) Bryan McGimpsey and Ian
Robinson Glenville Road (Newtownabbey), Alexandra Park
(Holywood), Glenburn Manor(Glenburn Road, Dunmurry),
Waterfront Apartments (Shore Road, Portaferry), Altona
Manor (Church Rd, Holywood), Andersonstown
(Andersonstown Road, Belfast), Central Avenue(Central
Avenue, Bangor), Chaplin Gate (New Road, Donaghadee),
Croft Road (Croft Road, Holywood), Longfields
(Ballyhalbert, Co Down), McConnells Yard (High St,
Comber), Rectory Wood (Portaferry), Warren Manor
(Warren Rd, Donaghadee)
Killarney Hotels Limited Liebherr Hotels AG The Europe
Hotel & Resort , Dunloe Castle Hotel, Hotel Ard na Sidhe.
Shay Daly, Seamus Daly Eileen Daly (wife), Gary Hyde
Kinvara, Woodleigh Park, Model Farm Road (home,
Cork), The Castle Tavern, Glanmire, Co Cork
Jim McGettigan Bonnington Group Regency hotel
(Dublin), North Star hotel (Dublin), Royal Hotel (Bray, Co
Wicklow), the Cavendish Hotel (London)and Bonnington
Rooms (London), Bonnington Jumeirah Lakes Towers
(Dubai), 300-bed four-star hotel and business park at
Gillette Corner (west London)
Jim McConnon
Main Street in Castleblayney, Co
Monaghan, Castleblayney Shopping Centre, Supervalu
(Castleblayney)
Niall McFadden Boundary Services Limited, Boundary
Radio Limited, Boundary Management Limited, Leisa
Benner (wife), Buy & Sell, Paddy Kelly, Boundary Advisory
Services UK Limited, Boundary Equity Holdings (Isle of

Man)Avoca Wood( family home Blackrock, Co Dublin), LL

Hotel and the Clarion Hotel (Dublin airport)
Bernard Somers
Michael Somers (brother, ex-NTMA),
Central Bank, Irish News and Media (IN&M), Dublin City
Council (DCC), Allied Irish Banks (AIB), Bernard McNamara,
PCP One, Joe OReilly
Champion Sports
Malachy Devine
Devann Developments Limited
Rockland Gardens (Portstewart, Derry)
Bernard Duffy Geraldine Duffy (wife), TDB Holdings,
Elverys Sports Galway Bay Half Marathon, Chancery Place
Limited, Chancery Place Sarl Limited, Granelt Properties
Limited, DH Partnership, Shane, Hugh Heskin, Barry
Heskin, Michael Heskin, Spikita Holdings Limited, Haroko
Limited Crawley Business Quarter (Sussex, UK), 12storey joint venture development in Manchester
Seafield Holdings Partnership Richard Coffey, Brian
OHagan, Donal Hunt, Rory OCallaghan, Viv OCallaghan,
Vickerys Hotel (New Street, Bantry), Kiddycare (New
Street, Bantry), World Choice Travel (New Street,
Bantry);Avoca Park, Blackrock, Co Dublin; Talbot Lodge,
Grove Avenue, Blackrock, Co Dublin; Golf Course, Cahir,
Bantry; Snave, Ballylickey, Bantry; Blackrock Road, Bantry
(all family homes)
Olympus Developments and Investments
Mayne
Developments, Castle Bay Residential and Holiday Park
Limited , Gavin Logan
a nine acre site at Falledeen (Co
Roscommon), site at Leswalt (near Stranraer, Scotland), a
site at Melvin Road (Garrison, Co Fermanagh), a caravan
park at Portpatrick (Scotland), Windsor and Seahaven in
Groomsport; Ballyhalbert Caravan Park and Park Homes
and Cloughey Holiday Village
Carvill Group Christopher Carvill, Patrick Carvill
(decedent, founder), Carvill (Scotland) Limited, Carvill
(Newcastle) Limited projects in Germany, as well as
Northern Ireland, England and Scotland, Sirocco Works site
(Belfast), WOODBROOK, (BROKERSTOWN VILLAGE,
LISBURN), THE EMBANKMENT (ANNADALE, BELFAST),
ROSS THOMPSON SITE (NEWRY CITY CENTRE)
Patrick Murphy Gilliam Murphy (wife)
Falcons Hill,
Lovers Walk, Montenotte (family home, Cork), portfolio
includes houses, apartments, retail units, factories, pubs
almost all in County Cork as well as a development in

Slovakia
Abbey Hotel Co-ownership
Denis M McDowell, John
Paul McDowell and Breen JF Purcells, practising as
McDowell Purcell Solicitors, Capel Building, Dublin
Ray MacSharry (Ray McSharry)
Foresthaze
Developments Limited, Marc MacSharry(son), Jackie
McMahon, Ken McMoreland, Ray MacSharry jnr, Celtic
Foods, Gerard Healy c/o Kevinsfort Ltd, Damien Torsney,
Edward Donaghy,Jacqueline Donaghy
200 houses and
apartments on the site of the former Saehan Media plant,
Hazelwood outside Sligo, Alcantar, Pearse Road, (family
home, Sligo)
Liam Smyth
Sanguinis, Kieran Wallace (receiver, KPMG),
Lavister Investments, Kantington, Kingsland Clothing,
Oxford Investments Ashbourne House Hotel (Co Meath),
Argentinian embassy (Ailesbury Drive, Ballsbridge, Dublin
4), Clyde Road (family home, Ballsbridge), buildings on
Leeson Street, Adelaide Road and Duke Street (Dublin), a
property on Oxford Street in London, a property on Capel
Street in Dublin, and has leasehold properties in the St
Stephens Green Centre, the Ilac shopping centre and on
Liffey Street (Dublin), 388-396 Oxford Street (London),
Corrib House (52 Lower Leeson Street, Dublin), Enterprise
House (57 Adelaide Road, Dublin), 18 and 19 Duke Street
(off Grafton Street, Dublin), property interests in New York
(USA)
Sheikh Mohammed bin Rashid Al Maktoum
Frank Kelly
Ann Kelly (wife)
Seamus P Leonard (Seamus Leonard)
Leonard Brothers
Ros Mor development of houses and apartments in
Donegal Town (Donegal), completed projects and
undeveloped sites mainly around Omagh (Tyrone)
Colm ORourke John Farrelly (Fine Gael TD and councillor),
James OReilly and Joseph OReilly. shopping centre, 375
houses and apartments, a pub, restaurant, nursing home
and creche at Clonmagadden (Navan, Co Meath)
McWilliams Homes Billy ORiordan (receiver,
PricewaterhouseCoopers, PwC), Garth Calow (receiver,
PricewaterhouseCoopers, PwC), Prestige JP
lands at Muff
in Donegal,properties at Ballymacool and
Newtowncunningham in Donegal and Portstewart in Derry
Ricardo Miranda Miret, Ricardo Miret
Sungolf, Ocean

View Properties, Antonio Flores (Lawbird, Marbella) 350

luxury apartments at the Estepona Country Club on the
Costa del Sol, a property development, Punta Perla, in the
Dominican Republic,
David Kennedy Formation Group PLC, Formation Design &
Build Limited, Formation Architectural Design Limited,
Formation Asset Management Limited, Bucher Woods
Corporate Recovery, Kevin Moran (Irish Republic
footballer), Niall OCarroll, Julius Properties, JV Finance
Limited Aldgate East tube station (London), Clancy
Barracks site in Island Bridge (Heuston Station, Dublin),
site in Drimnagh, in Dublin, 1 Commercial Street (London)
and 101-110 Whitechapel High Street, E1 (London)
Rhatigan Group
JJ Rhatigan and Co, Paul Fanning,
Rhatigan Commercial Developments and Shoreview, Paul
McCann (receiver, Grant Thornton), Padraic Rhatigan,
Goodbody private investors
Castle Way, on Golden Lane
in Dublin 8 beside Dublin Castle, Heuston South Quarter
(Dublin)
Maurice Healy Calyx, Better Capital, Jon Moulton
Glencoe, Knocksinna, Foxrock,(family home, Co
Dublin)
Anthony Alken Alken Group, Greg Alken, Gateway
MultiModal
former SDS site on the Naas road in west
Dublin
Walter King, Peter Gilhooley Michael Burke, Tom
Considine, Odeon Syndicate OConnells pub in Eyre
Square (Galway), Odeon House, Eyre Square (Galway),
townhouses in the area of Eyre Square (Galway)
Tuskar Group Tuskar Commercial Investment Property
Services Limited (TCIPS), Alan Hynes, John Power, Scott
Wallace, Mary Rowney, Tuskar Asset Management plc, East
Quay Hotel and Leisure Limited, Bodjaca 8135 Limited,
Tuskar Development Co Limited, and Tuskar Residential
Investment Properties Limited, John Power, James Boggan
and Liam Eviston, Tuskar Bulgaria Limited, Tuskar Property
Holdings Limited, Declan Taite and Joan Williams
(receivers, FGS)
Horningsea, Cambridge, in England
(family home, Alan Hynes), Castlepark Court (Dalkey,
Dublin), Riverbank House Hotel (Wexford), a site in
Bulgaria, the Iceland site (Dun Laoghaire)
Dan Buckley Whitechurch (DBW)
Dan Buckley,

Blaithnaid Buckley Barleyfield (Whitechurch, Cork),

Lavallin (Whitechurch, Cork)
Tommy Hopkins (Tom Hopkins, Thomas Hopkins, Tomas
Hopkins) Mairead Hopkins (wife), Hopkins Trust,
Marchbury Properties, Thomas Durcan, Banagher
Investments, Phb Endow, Tom Browne and Paul Pardy, John
Hughes Palmerston Park, Rathmines, (Family home,
Dublin), a property on Kenilworth Square, Rathgar, Dublin,
sites in Maynooth, Co Kildare, and Donabate, Co Dublin,
222 houses in Balbriggan, Co Dublin, property
developments in Stoneybatter, Dublin
Bridgestock Limited Mid Town Property Development
Limited (Mid-Town Property Development), Seamus Gillen
asylum seeker accommodation centres in Co Mayo,
Sligo, Galway, and Westmeath providing accommodation
to 934 asylum seekers, mixed use development
comprising 12 blocks including a hotel, library, retail,
leisure centre and residential accommodation at
Ballyhaunis, Co Mayo
OMahony Finnerty
developments in Sandymount,
Irishtown, Ballsbridge, Donabate, Clontarf, Malahide,
Fonthill Road, Longmile Road Airside, Clonshaugh and
Smithfield
Dermot McGlade, Catherine McGlade
Aiden Murphy
(receiver, Horwath Bastow Charleton)
Shandon Hotel at
Marble Hill, Portnablagh
John Grealish Fiona Grealish (wife), Brian McEnery
(receiver, Horwath Bastow Charleton ), Jona Investment
Holdings,Liam OConnell, Eglinton Taverns (The Cellar),
Kirwans Galway (Cuba and Bar 903) and Harvest Off
Licences Limited
Cellar Bar, Bar 903, Cuba nightclub
and the Harvest off licence chain (Woodquay, Ravens
Terrace, Oranmore and Moycullen)
Brody Sweeney
OBriens Irish Sandwiches, OBriens
Irish Sandwiches, Michael McAteer & Paul McCann
(receivers, Grant Thornton)
Christian Stokes, Simon Stokes
Auldcarn Limited,
James Luby (receiver, McStay Luby), Mayfair Properties,
Jeff Stokes (father), Pia Bang (mother), Unicorn, Thomas
Murray (liquidator), Springmanor, Giorgio Cassari Bang
Caf and Residence members club in Dublin,
John Flanagan Developments Limited

Mick Wallace M&J Wallace Limited, Sasha Wallace (son),

Wexford Youths FC Limited, Wexford Youths Football Club,
Wallace Calcio Limited, Wallace Imago Limited
property in the Dublin area, 70 properties in Dublin
city centre, Wellingtonbridge (Family home, south
Wexford,), infill developments in inner city districts,
including the Italian quarter at Ormond Quay (Dublin),
Ferrycarrig Sports Complex in his native Wexford, home to
Wallaces Wexford Youths soccer team, Behan Square
apartment complex on Russell Street near Croke Park , site
in Rathgar, Clontarf Road (family home, Dublin),
apartment in Turin (Italy)
Seamus Neville
two mixed developments
(apartments and offices) at Southwark in London and in
Nottingham, several landbanks in the greater Dublin area
when land was cheap. He paid 6.4 million in 1995 for the
140-acre Cherrywood estate where he has already built
and sold almost 700 homes.
Michael Lynch Limited
Seamus Lynch a 40m retail
park before Ennis Town Council
Noel Grealish Michael Grealish (brother), Galway Glass
Centre Limited 8,800 sq ft commercial unit at Briarhill
Business Park (Ballybrit, Galway), 15 acres of farmland at
Carnmore, Oranmore; an apartment, which serves as a
holiday home at Canet, France
Cathal Brady Cormore Investments Dublin Rathmines
Inn (Stout Bar) in Dublin and the Ardmore Inn in Bray, Co
Wicklow, pub in Cavan town, Audi and Hyundai
dealership in Cavan,
Ben Dunne
Dunnes Stores, Ben Dunne Gyms,
Barkisland (Developments) Limited, Barkisland
Developments Limited, Mark Dunne (son), Noel Smyth
Gyms at 52-54 Kimmage Road West (Dublin),
Blanchardstown Shopping Centre (Dublin), Northwood
Business Park, Santry Demense, Santry Dublin 9,
Ballyowen Lane, Lucan, Co Dublin, Twilfit House, Jervis
Street, Dublin City Centre
Darlington Properties Limited Kieran Wallace (KPMG,
receiver), Woodgreen Builders Limited, Sebastian Devlin
site at Ashbourne (Meath), lands at Killegland
(Meath), 89 houses at Betaghstown (Meath), 137 new
homes in the main street Dunshaughlin (Meath)

Philip Lynch
Eileen Lynch (wife), Judith Whelan
(daughter), Gerard Conlon, Therese Lynch (daughter),
Philippa Lynch (daughter), Paul Lynch (son), IAWS (now
called Aryzta), One51, Pascal Taggart, Larry Shields (LK
Shields solicitors)
86 acres in Kilbarry (Waterford)
Conor ClarksonClarkson Financial & Property, Financial
Engineering, Corpen, Eirjet
Gateway development in
Manchester, developments in Greater Manchester, London
and New York state, horses (Kicking King, Finger on the
Pulse)
Billy Kelly
Kellys Resort Hotel (Rosslare)
Jim Osborne
Castleway, Gulf Resources Development
and Investment (GRDI), Mohammed Salem AlMenhali, John
McCann, Shelbourne Developments Standard Chartered
Bank (Dubai), a hotel and retail development in
Damascus, anchored by a City Seasons Hotel
Patrick Cormody Construction Gearoid Costelloe (receiver,
Grant Thornton)
Cuddy Developments
Michael Butler (receiver, Butler
Reddy & Co), Sean Cuddy, Shane Cuddy
Wagala Pascal Power, Bernie OCallaghan, Mary Kearns,
Philip McBride, Bayview Hotel Killybegs,
Jim Hamilton (receiver, BDO) Bayview Hotel (Killybegs,
Donegal)
Denis OBrien Esat, Tony Ryan (Ryanair, decedent), Esat
Digifone consortium, Norwegian firm Telenor, Leslie
Buckley, Lucy Gaffney,Communicorp group, Sir Anthony
OReilly, Bank of Ireland, Digicel, Digicel Caribbean group ,
Fianna Fil adviser PJ Mara, accountant Greg Sparks, Denis
Danno OBrien (father), Dermot Desmond, Michael
Lowry, Paul Meagher, Conor Lenihan, Iris OBrien (mother),
Seamus Gallagher (decedent), Philip Lynch, Padraig O
hUiginn, Fred ODonovan, Catherine OBrien (wife, nee
Walsh), Independent News and Media, Frontline (charity),
Barry Maloney, Aergo Capital Limited, Safair, Aergo
Leasing 113 Limited Canada House (65-68 St Stephens
Green, Dublin), Quinto do Lago (family home, in Portugal,),
Classic Hits 98FM and radio stations in Poland and Prague,
Irish Independent, Sunday Independent (Ireland), 180
overseas newspaper titles, Today FM, Newstalk, Dublin
youth station Spin 103, and regional station Spin
SouthWest.

Peverel Vincent Tchenguiz

John Walsh
Marydean Properties Limited, Richard
Murphy, John McCabe, Paddy Kelly, Irish American
Management Services Ltd I LP (IAMSI), Irish American
Management Services LP (IAMS), Ren Gareau , Bussoleno
Limited Tinnahinch, Plunkett Avenue, Westminster Road,
Foxrock (family home), lands at Drogheda
Road,Termonfeckin, Co Louth, and 172 acres at Ballboghil
made up of two acres zoned residential and 170 acres
zoned agricultural Ballyboghil, Co Dublin, ommercial
investment properties at Gladstone Street, Clonmel, Co
Tipperary
Doyle Hotel group Bill Walsh The Westbury (Dublin), The
Croke Park Hotel (Dublin) and The River Lee Hotel (Cork)
John Farmer
Orana Group, GML Estates Limited, GML
(NI) Limited, Wyncote, Land Securities, Goodbody
Northern Ireland Property Fund
Bridgewater Park
Shopping Centre (Banbridge, Co Down), Gilford Mill in Co
Down, Commercial development at Crescent Link,
Derry/Londonderry
Albert Gubay Mardown, Total Fitness, Albert Gubay
Charitable Foundation, John Nugent 3 Guys supermarket,
Total Fitness gym sites in Dublin (Castleknock, the
Malahide Road and Sandyford)
Michael Stone Locket Connections, Designer Group
3
to 6 Parnell Street (Dublin)
Ravad PLC
Partam Properties and Investments (2007)
Limited, Celmus, Terentus Holdings SARL, Ravad UK
Limited, Ravad Trading Debentures Limited and Beit Agish
Ravad Limited, Egal Ahouvi , Yitzhak Tshuva, Delek Real
Estate, Gershon Salkind, Electra Real Estate Tesco store
(Roscrea)
Tiernan Properties Michael Tiernan,
Tesco store
(Roscrea), shopping centres at Arthurs Quay in Limerick
and other centres in Longford, Tuam and Athlone
Jackie Green Construction (Jackie Greene)
Brian
Greene
lands at College Drive, Terenure, Dublin
Graham Geraghty Amanda Geraghty (wife) plot of land
in Athboy
Monarch Property Castleknock Golf Club plc, Mariena
Properties Limited, L&C Properties Limited, Lagonda
Limited, M50 Motors Limited, Monarch Properties Services

Limited, Blackrock Business Park Limited, Monarch

Properties, Ringford Company Limited, Philip Monaghan
(Phil Monaghan, Philip Monahan, Phil Monahan), Liam
Carroll, Dunloe Ewart, Noel Smyth, Eddie Sweeney, Frank
Dunlop
Castleknock Golf Club, The Square in Tallaght
(Dublin), Shopping centres in Dundalk, Drogheda, Navan
and Athlone, Dublins Nutgrove and Janelle shopping
centres, 234 acres in Cherrywood (Carrickmines Valley,
south Dublin)
John Brennan Gwen Brennan (wife), Francis Brennan
(brother) Dromquinna Manor and 38 acres in Kenmare,
Park Hotel Kenmare
John Burke
Armada Hotel Holdings Limited
Armada
Hotel (Spanish Point, Co Clare)
Woodquay Properties Limited Thomas Kearney (Tom
Kearney) Bthar na mBan, Woodquay
Harte Holdings Barry Harte,Artesian Property Partnership,
Stein Group, Bird Group Royal Park Hotel (London),
Cranley Hotel and the Elizabeth Hotel
Tom Naughton Sean Healy, N17 Electrics Limited retail
and office units at Terryland retail park, Co Galway, to
construct an extension to the N17 superstore complex at
Milltown, Tuam, a 15-acre site at Ballymote, Co Sligo, 15
housing units at Ballymote, Bodane, Tuam (family home)
Tadhg Feeney Dominator Safe
Jerpoint West,
Thomastown, Co Kilkenny (family home)
Shelman Properties Joseph Gormley (director), Peter
Dwyer (director)
a 1.5 acre site in Clonee, Co Meath,
Clonee Court residential development (Clonee, Co Meath),
The Gallery, Turvey Walk, Donabate; and Amberwood,
Mulhuddart, Dublin 15.
Eric Whelan
Errisford Development Limited 119 Howth
Road development (52 unit complex, Dublin)
Michael Humphreys Adrian Dunne Capella Dunboy Castle
(aka Puxley Mansion, Castletownbere, Beara Peninsula)
Bacoro Developments
Bolterra, Bespoke Construction,
Aengus Burns and Michael McAteer (receivers, Grant
Thornton), Ronan Meeley, Barry Doyle and Cormac Lohan,
Niamh Meeley eco-friendly houses in Moate in Westmeath
Denis Heaney Brookview Developments, DAB
Developments farm at Garvagh (Co Derry), 20 hectares at
Drumahoe, near Londonderry

Airton Partnership Ray McGowan, John McCabe

Junction House (Airton Road, Tallaght, Dublin 24)
James Reynolds
Albert Reynolds (former taoiseach,
brother) 4, 6 and 8 Elgin Road (Dublin)
Joe Doyle Donnybrook Fair Group Food stores at
Stillorgan Shopping Centre (Dublin),.89 Morehampton
Road (Dublin), 13 Baggot Street (Dublin), Grattan Court
(Greystones, Dublin),
GEM Construction Martin Healy, Brian Loughran, GEM
Development, GEM Manufacturing Abbotts Hill, Malahide,
Clonfadda Wood, Mount Merrion Avenue (Dublin),, Beggars
Bush, Lansdowne, GEM Business Park (Athlone Road,
Longford, Co Longford)
Charlie McCreevy
Noeleen McCreevy (wife), Charlie
McCreevy (son)
property in Ladycastle (the K Club,
Straffan, Kildare), Millicent (family home, Kildare), office
property on the Kilcullen road, Naas
Fraser Houses Limited
Village Homes (NI) Limited
(Village Homes (Northern Ireland) Limited), Fred Fraser
(decedent), Alan Fraser (son), Paul Fraser (son),Iris
Robinson Nambarrie tea warehouse on Waring Street
(Belfast), Kellys Yard (Thorndale Park South, Carryduff),
Sandown Manor (Sandown Road, Belfast), Mayfield
development (Glengormley, Belfast), 87 acres in the
Cairnshill & Saintfield Road areas of South Belfast
John Kelly Jimmy Kelly (decedent, father), Margaret Kelly
(mother) Hazel Hotel (Monasterevin, Kildare)
James Reilly
Fine Gael, Dorothy Reilly (wife)
Laughton House (Moneygall, Co Offaly)
Tim Farrow
Real Estate Resolutions, Ballymore, Martin
Simms, St James, St James Homes 15,000 sq ft portion of
the Odeon Cinema site (Leicester Square, London)
Paul Hanby (solictor)
Fiona Hanby (wife), Gerard
Kinsella, Steamboat Developments Limited, Patricia
Kinsella, Paul Newman, MacDonagh Junction
Developments Limited (MJDL), Chesterbridge
Developments Limited, Michael Whelan Powerscourt
Springs Health Farm (Co Wicklow), MacDonagh Junction
Shopping Centre (Kilkenny)
Mooney family Armagh City Hotel Limited, Friary Road
Enterprises Limited, Dunadry Development Company
Limited, Mooney Hotel Group Wellington Park Hotel

(Malone Road, South Belfast), Dunadry Hotel (Dunadry, Co

Antrim), Armagh City Hotel (Armagh, Co Armagh)
Kinler Properties Limited John Curran, Kieran Haughey,
Fairhill Construction, Tiffen Developments
40 Linenhall
Street (Belfast), former Unipork factory (Enniskillen,
Fermanagh)
KARL group
KARL Holdings, KARL Airport Parking
Limited, Obel Living, KARL Properties, Aran Blackbourne,
Gail Blackbourne, Gayle Blackbourne
development at
Mucklagh (Co Offaly), Clonmeen Rise (Edenderry, Co
Offaly), Packenhamhall Road (Castlepollard, Co
Westmeath), Latt Hills (Co Cavan), Queens Parade
(Bangor, Co Down), Obel (Donegall Quay, Belfast), The
Courtyard (Castlereagh), Oldstone Manor (Muckamore, Co
Antrim), Karl Business Park (92 Old Ballyrobin Road,
Muckamore, Antrim),
Tysan Investments Denis OBrien, Paul Coulson, Gary
McGann, Pat Gunne, Sean Melly, Balcuik two office blocks
Sandyford industrial estate (Dublin)
Brian Hughes Paul Hughes
Abbeyglen Castle Hotel
(Clifden, Galway)
TLC Enterprises (T.L.C. Enterprises) a 15-storey apartment
at 101 Corporation Street (Belfast)
Lavery Diamond Partnership
243 flats and retail
and car parking at Corporation Street (Belfast)
Sean Devine The Devine Group, Dunlix Group, Michael
Lowry, GDLC Business Consultants Limited, Kevin Phelan,
Niall Devine
The Linen Green (Brooke Road, Co Tyrone),
Summerhill Park (Co Fermanagh), Rockhill (Co Down),
Seymour Court (Co Antrim), Urney Court (Co Tyrone),
Melvin Court (Co Tyrone), Victoria Manor (Co Tyrone),
Clones Road (Newtownbutler, Co Fermanagh), Lower Main
Street (Strabane, Co Tyrone), Roughan Road (Newmills, Co
Tyrone), Sydney Mews (Co Tyrone), Collaney (Co Sligo), Old
Ballymun Road (Co Dublin), Borrisokane (Co Tipperary),
Cabra (Thurles, Co Tipperary), Littleton (Co Tipperary),
Terryglass (Co Tipperary), Bolton City Centre (Lancashire),
Hull Industrial (Yorkshire), Motion Picture Centre (Aust,
Bristol)
Superquinn
Senator (2011, re-elected) Feargal Quinn,
Select Retail Holdings, Simon Burke, Kieran Ryan, Jerry
OReilly, David Courtney, Bernard Doyle, Terry Sweeney ,

Bernard McNamara,Andrew Street, Friends First, Simon

Cantrell Stores at Ballinteer, Blackrock, Blanchardstown,
Bray, Carlow, Charlesland, Clonmel, Finglas, Heuston
South Quarter, Killkenny, Knocklyon, Limerick, Lucan,
Northside, Portlaoise, Ranelagh, Rathborne, Rathgar,
Sundrive, Sutton, Swords, Tyrrelstown, Walkinstown,
Waterford
Bernard Hennessy Barry OCallaghan, Dominic Daly
Barley Cove Beach Hotel (Co Cork), Cliff House Hotel
(Ardmore, Co Waterford), Ryan Hotel in Killarney,
Castlemartyr College (Capella Hotel, Castlemartyr Resort,
Co Cork), Clonea Strand Hotel (Dungarvan, Waterford),
Tsarigradsko, Shousse Blvd, Sofia (Bulgaria), Analipsi,
Hersonnisis (Crete)
Barry OCallaghan Riverdeep Holdings PLC Cliff House
Hotel (Ardmore, Waterford)
James Jordan
Laochfail, Outfarm Lane, Castleknock,
Dublin (family home), 1.7 acre piece of land at Outfarm
Lane (Dublin), ommercial property in Coolmine Industrial
Estate in Blanchardstown, nvestment property at Eden
Court, Dunshaughlin, Co Meath, two commercial
properties at Base Park, Mulhuddart, investment property
at Charlemont Place in Dublin 2
Beannchor
Bill Wolsley, Wen Inns
Groomsport Inn
and sister pub The Stables, the Hillside in Hillsborough,
Lisbarnett House near Lisbane and the Esplanade in
Ballyholme, Bangor, Merchant Hotel in Belfasts Cathedral
Quarter, The Dirty Onion close to the Merchant (Belfast)
Joe Sheehan
James Sheehan (son), CMC Medical
Operations, Kieran Wallace (liquidator, KPMG), Sheehan
Medical Cork Medical Centre (Mahon Point)
DJ Carey Sarah Newman (partner), Patrick ODonohoe
(partners ex-husband), needahotel.com 908 Ladycastle,
The K Club, Straffan, Co Kildare, and 5 The Inch, Mount
Juliet, Co Kilkenny, 821 Ladycastle, The K Club, Straffan,
Co Kildare, Alma Road, Monkstown, Co Dublin (family
home), 10.5m chalet in Zermatt (Switzerland)
Declan Fagan, Bernadette Fagan
Temple Spa Limited
Temple House, Horseleap, Moate (Co Westmeath)
Michael OHiggins T OhUiginn and Comhlucht Teoranta
lands at Rahoon (Galway), Ceann Boirne, Taylors Hill,
Galway (family home)

Donie Cassidy Belvedere Hills Limited, the Seanad

Belvedere Hills (Mullingar, Co Westmeath)
Sean Flanagan John Burke
Readstown, Summerhill, Co
Meath (family home), lands at East Wall near Dublins
Docklands development
Joe McNamara
Dun na Carraige, Blackrock, Co
Galway
The Layden Group Joe Layden
Boole House in
Clonskeagh, Dublin 4, 29 retail branches and one call
centre of Bank of Ireland
Mervyn McElroy
Emma McElroy (wife), Lough Shore
Development property in counties Fermanagh and
Donegal, including a 34-acre site at Ball Hill in Donegal
where they had been planning to build a six star hotel and
marina
John Kent Kentech, Michael Francis Kent (Michael Kent),
Sarah Kent
Marlfield (Clonmel, Co Tipperary)
Jim TreacyJohn Hansen and Stuart Irwin of KPMG, Castle
Hume Leisure a Supervalu at Churchtown in Dublin.,
Lough Erne Resort (Enniskillen, Fermanagh,)
Desmond Nugent
Sarcon No 177 Limited the James
Clow building (Belfast)
Paddy Byrne Barrack Construction, Simon Coyle
(receivers, Mazars), Barrack Homes and Better Living
two sites in Newbridge, Abbyfield (Ballitore, Kildare)
two premises in Newbridge, New Brighton (Wirral,
Liverpool)
John Morrissey Carol Nolan (wife), Tom Kavanagh
(receiver, Kavanagh Fennell), Guinness Peat Aviation
(GPA), Domhnal Slattery, International Aviation
Management Group, Havok, Capital D, Tony ORiordan, D
246 (D246), Dermot Desmond, Electricity Supply Board
chairman Lochlann Quinn, technology entrepreneur Bill
McCabe and former Voluntary Health Insurance chief
Vincent Sheridan, Malakoff, Brian Hyland (liquidator, Baker
Tilly Ryan Glennon) Palmerston Road (Family home,
Dublin), properties in Ranelagh, Rathgar, Rathmines and
Monkstown in Dublin, and properties in Kildare and Clare,
unit at Park West Business Park, Dublin, share portfolio
account with Bloxham Stockbrokers
Pierse Desmond Limited Patrick Pierse, Daniel McAteer 53
acres of registered land in Kerry

CRF Developments Limited

Colin Fletcher, Paul
Fletcher, Cyril Fletcher
shop units on Portstewart
promenade and houses in Portrush and Portstewart.
OConnors Shopping Centre Limited
Rory OConnor
Nenagh Shopping Centre Complex (Nenagh,
Tipperary)
Shafin Developments
Patrick Horkan (receiver, KPMG),
Shane Filan (Westlife), Finbarr Filan (brother) a number of
developments in Leitrim (Dromahair, Co Leitrim) and Sligo
Cavan Hotel & Leisure Company
Kieran Wallace
(receiver, KPMG)
Cavan Crystal Hotel
Corner Blok
Colin Conn, Box Architects, Paul Durnien
Four Corners Hotel (Waring Street and Donegall
Street, Belfast)
Carlisle Property Developments Limited
Athletic
Stores, Queen Street (Belfast)
John Gallagher Neil Mather (administrator, Begbies
Traynor) Allens West Logistics Centre (Tees Valley,
England)
Chris Musgrave
Wynard Park Limited
Allens West
Logistics Centre (Tees Valley, England), Wynard Park
(Hartlepool, England)
Manse LLP
David Mitchell, Alex Price and Ray Palmer
Allens West Logistics Centre (Tees Valley, England)
Westfield Hermes Castlecourt Shopping Centre (Belfast),
Sprucefield Shopping Centre (Lisburn), Westfield Shopping
Centre (Shepherds Bush, London)
Lanark Homes Limited
sites on the Shankill Road,
Merkland Place off the Springfield Road and at Glenbryn
Park (Belfast), Ranfurly Avenue and Maxwell Road (Bangor)
Christopher Keegan Greenscheme, David Madden &
Associates
Greystones Junction Business Park
(Greystones, Wicklow)
Richard Quirke
Dr Quirkeys Emporium (arcade and
casino OConnell Street, Dublin), Casino resort (Tipperary)
Pembroke Estates John Finnegan (decedent)
Keco Construction Limited
Tom Doheny (receiver,
Deloitte & Touche), Eugene Keane, Michael Cotter, Curley
Holdings and bank contained around 50 acres of
development land
Clementine Developments
BDO (receiver), Declan
Rodgers Pats Bar (Belfast), The Rotterdam bar (Belfast),

112 apartments The Olympic (Belfast)

Younger Homes
the Hawthornes in Maghera
where it built more than 100 homes
Abatewood
Jim Clery, Sean Mooney, David Wilkinson,
Etaba, KPMG Tesco warehouse in Donabate in north
Dublin
Emerald Isle Properties Liam Hazel, Margaret Ann Hazel,
Greenville Properties
eight sites at Reendesert
(Ballylickey in West Cork)
John Grayken Lone Star, Ellis Short
KEB (South
Korean bank), Sarah Fergusons property at Virginia Water
(Surrey, UK), house off of Bond Street (London)
Signature Capital
Ciaran McNamara, Enda Woods
Neumarkt shopping centre (Cologne, Koln, Germany),
assets in Germany, Britain and the United States
Ray ByrneJane English (wife) Caf en Seine (Dublin),
Howl at the Moon (Dublin), the George (Dublin) the Plaza
Hotel (Dublin), The Ice House (Ballina, Mayo), Phoenicia
Hotel (Malta)
Leslie Allen-Vercoe Rhymer Investments, Irish Nationwide
Building Society
Updown Court (country house,
Windlesham, Surrey)
McGinley Construction
Tom Kavanagh (receivers,
Kavanagh Fennell), Hugh McGinley apartments in the East
Wall Road area, 31 apartments at Auburn Lodge (off
Church View Road, Killiney in south Dublin), land at
Ravensdale Road in Dublin
Joe Linders
Patrick Linders, Naltmore, Orpinhall
Services, John Prior, Bernard Strahan, Paul Linders,
Anthony Weldon (liquidators, Kieran Ryan &Co), Fusano
Properties, John Flynn, Paddy Kelly, Linders of Smithfield
former Irish Distillers headquarters in Smithfield,
Gloucester Square development in Dublin city centre, car
dealership in Chapelizod in Dublin.
Eithne Scott-Lennon John Fitzpatrick (brother) Fitzpatricks
Killiney Castle hotel (Dublin), two Fitzpatrick hotels in New
York
Brendan Gildea
Tessie Gildea (wife), Brendan Gildea
Limited, Myles Kirby (receivers, Martin Ferris & Associates)
Brookside Villas, Magherennan, Letterkenny, Co
Donegal (family home),
Andrew Blair 1677933 Ontario Limited,MBC Capital

Corporation (MBC Capital), , TMG the Marine Group Inc

(the Marine Group), Sheldon Mintzberg Bayview Heights
Drive, Toronto, Canada (family home),Straffan House,
Kildare Golf and Country Club, Co Kildare (family home,
Sheldon Mintzberg)
John Turley and Co Turley Properties
Bill Cullen Jackie Lavin, Irish Youth Foundation, Dublin
Airport Authority
Muckross Park Hotel (Killarney, Kerry),
The Apprentice (Irish edition)
Silverwood Developments
Margaret Heffernan, Frank
Dunne (brother)
offices on South Great Georges Street
(Dublin)
Martin Keane Vera Keane
Blooms Hotel (Temple Bar,
Dublin), Oliver St John Gogarty pub (Temple Bar, Dublin),
24 Merrion Square
Gandon Property
Darragh Harte and Gerard Wycherly
office at Amiens Street (Dublin)
Ballybrit Partnership John Hughes, Thomas Browne Galway
city centre property
Lis Cara Partnership Gerry Deane, Patsy Donegan offices
in Carrick-on-Shannon (Leitrim)
Mealey Murphy Fleming Partnership
offices in Carlow
Michael Fogarty
Rocktop Holdings Limited Roscrea
Temporary Decent Office (leased to Equality Authority),
Caislean Cuirt (Cabra Road, Thurles)
Johnny Moran David Hughes/Luke Charleton (receivers,
Ernst & Young), JRM Hotels Limited, Blarney Inns Limited
Holiday Inn (Pearse Street, Dublin), The Blarney Inn
and Earl of Kildare Hotel (Kildare Street), Herbert Lodge
(Family home, Merrion Road, Ballsbridge, Dublin)
KB Developments
Carrickcroppen Hill development
(Camlough, County Armagh)
Broomhill Land Securities Gerard McKernan, Dakota
Properties Limited, Clubstohire LLP, Two Five Two
Management Company (No 1) Limited, Two Five Two
Management Company (No 2) Limited site at Victoria
Road in east Belfast
Wilson and Mawhinney (Wilson & Mawhinney)
site at
Glenville Road, Newtownabbey
ADH (Ireland) (ADH Ireland Limited)
site at Glenville
Road, Newtownabbey, a Sealine SC38 powerboat, site at
North Queen Street in Belfast

M & I Developments (M and I Developments)

site at
Victoria Road in east Belfast
Frank Kilbride, Enda Sheridan FJ Gearty & Co, Mondora
Limited, Sonya Tighe (receiver, FGS), Mayor of Co Longford
development in Granard (Longford)
Michael Carey, David Andrews, Michael Tunney
Jacob
Fruitfield, Kieran Wallace and Cormac OConnor (receivers,
KPMG), Westport Investment Property Fund plc, Avid
Investments and Kasumi, Lioncourt Capital
properties at
Belgard Road and Blessington Road in Tallaght, Dublin, as
well as property in Drogheda and land in the North
McDonogh Properties
Thomas McDonogh & Sons,
Thomas McDonogh, Tom McDonogh (son)
several
properties in Belgium, European Commission building
(Avenue de Beaulieu, Brussels.), office park outside Namur
(Belgium), office block (Lyons, France), Dockgate (Galway),
Queensgate (Galway)
GMR Lesiure Holding Limited Brian OConnell, Shannon
Airport Authority, Limerick County Golf & Country Club
Limited, Balyneety Sports Management Limited
Limerick County Golf & Country Club (Ballyneety,
Limerick)
Cattan Developments
Brian OConnell, Shannon Airport
Authority, Limerick County Golf & Country Club Limited,
Balyneety Sports Management Limited Glas na Habhainn
(Carrick-on-Shannon), 20 house development in Drumlish
(Longford), Waterfront, Tarmonbarry, Co. Roscommon
BJ Eastwood (Barney Eastwood)
Frances Eastwood
(wife), Fearghal Eastwood (son), Brian Eastwood (son),
Stephen Eastwood (son), Castlebawn consortium
(Castlebawn Limited), Adam Armstrong, Barry McGuigan,
Bill Rush (William Rush), Eastwood Property, R&A Group,
Wildrose (Magheralave), Ladbrokes 8,000 sq metre
supermarket on land off the Magheralave Road (Lisburn,
Co Antrim), Castlebawn retail development in
Newtownards, Co Down, Peter Robinson advice centre in
North Street, Newtownards (Co Down), Tower Centre
(Ballymena)
Pat McCormack
Birchsilver, Donegall Place
Investments
Cafe Vaudeville bar (Belfast city centre),
Bloomfield shopping centre (Bangor), Bow Street Mall
(Lisburn)

Cloughorr Investments Peter Wilson

Kellys Nightclub
(Portrush) (Lush at Kellys Portrush), holiday home parks,
Golf Links Hotel (Portrush) (Cloughorr House Hotel)
Ken Campbell Iris Robinson, Belfasts Titanic Quarter, J&K
Campbell a housing development in Newtownards, 12
North Street (Newtownards), Belfasts Titanic Quarter
Sperrin Homes Contactors Limited sites at Washing Bay
Road (Coalisland), Loughview Court, Ballybrack Road
(Loughmacrory), six sites at the Victoria Gate
development in Derry
Paul Tiernan
Hazkarl Properties, Linders family house
at Churchfields (K Club, Straffan, Kildare), 143-bedroom
hotel between Gardiner Street and Amiens Street (Dublin)
Ken Cheevers Trench Holdings, McLaughlin and
Harvey,Barr Construction basketball arena for the London
Olympics, the 50m redevelopment of Loch Ryan port in
Scotland
Gilbert Ash (Gilbert-Ash) Gilbert-Ash Fitout Ltd, Eddie
ONeill, Mark Nutt, Gerry Hughes, Ray Hutchinson,
Raymond Gilroy,John Wilson, John Hart, Gilbert-Ash
Conservatories Lyric theatre (Belfast), Victoria Square
(Belfast), Riverside Housing (Antrim), Central Park
(Adelaide Street, Belfast), Scrabo Glen and Scrabo Manor
(Belfast)
H&J Martin
William G Martin (William Martin, Bill
Martin), Derek Martin, Timothy Martin, BIH Social
Development (McAuley Street, Belfast), Cloisters
(University Avenue, Belfast), Richview Court (Donegal
Road, Belfast)
Need More Space
DMG Group, Tom Hefferon
Deansgrange office in Dublin.
Merrion Property Group Michael Roden, Mark Roden,
Morgan Stanley
Down Royal racecourse and golf club
in Lisburn, 24-acre site in Mount Merrion, house on
Wellington Road (Dublin), 300 ex army homes in Ballykelly
(Limavady, Derry), Canadian embassy (Strathmore Road,
Killiney)
Suneil Sharma
Parkway Valley site (Limerick), Opera
shopping centre (Limerick), retail park at Childers Road
(Limerick)
Vernotico Developments Limited
Mary Collins, Patrick
Collins
Glenall (Borris-in-Ossory, Borris in Ossory, Laois)

Gerry OHare (Dr Gerard OHare)

Parker Green
International, Special Olympics Ireland Quays Shopping
Centre (Newry),Drumalane Mill (Newry) Fairgreen
Shopping Centre (Carlow)
Dijit Rana (Lord Rana)
Andras House, Rajesh Rana,
Ramesh Rana Cordia Apartments (south Belfast), Ibis
Belfast Queens Quarter (Belfast), Ibis Belfast City Centre
(Belfast), Days Hotel (Belfast City Centre), Ramada Plaza
Shaws Bridge (Belfast), Holiday Inn Express (Belfast)
Edward Lonergan
Deramore Holdings, Deramore
Property Group 121-123 Princes Street (Edinburgh), 12-15
High Street (Winchester), 48-76 St Johns Road (Clapham,
London), 62 Princes Street (Edinburgh), 130-140 Buchanan
Street (Glasgow), 7-11 Castle Lane, (Belfast), Fountain
House (Donegall Place, Belfast), Queens Square (Crawley,
UK), 32,34,36 Shandwick Place (Edinburgh), 32-33 Petty
Cury (Cambrige), Wallace Buildings (Wallace Avenue,
Lisburn), Connswater Shopping Centre (Belfast),
Bloomfield Shopping Centre (Bangor), Omagh Retail Park
(Omagh), Arthur Street/Castle Lane (Belfast), 55 High
Street (Kings Lynn, UK), Avenue House (Royal Avenue,
Belfast), Dudley Street (Wolverhampton)
Shamus Jennings
Francis Jennings (brother), Ballyrogan
Holdings Cromwell Hospital (London)
Beltrae Partners
Ian Kerr, Conor McCullough, David
McCloy, Patrick Spain, Greg Hamill, James Mairs, Wooster
Investments Limited, Chef Investments Limited,
700+
housing units aimed at indigenous residents (Romania),
retail development in Boucher Road, Belfast, property
investment in Belfast, Caravan park in County Down
acquired for development
James OToole, Thomas OToole
8-acre
development at Main Street (Carnew, Wicklow)
Richard Farrington Simon Coyle (receiver, Mazars)
Block 1 in Clanwilliam Court, Lower Mount Street,
Dublin 2
Michael Quilligan (Mick Quilligan) Simon Sammy
Buckshot Quilligan (Simon Quilligan, father) estate at
Ballywilliam North (Rathkeale, Limerick)
Richard OBrien
Castle Park estate (Rathkeale,
Limerick)
Neil Loftus
Wynns Hotel (Lower Abbey Street,

Dublin), Clarence Hotel (Wellington Quay, Dublin)

Herdman family
Herdmans Mill (Sion Mill, County
Tyrone)
The Dunraven Arms Hotel Limited Dunraven Arms Hotel
(Adare, Limerick)
Temple Gate Hotel Limited
Madden family Temple Gate
hote (Ennis, Co Clare)
Prentice Estates Limited
the Causeway Exchange
office building (Belfast city centre)
London and Regional Properties
Niall Gunne
Eircom
exchange building (Citiwest, Co Dublin), block on
Clanwilliam Place (Dublin)
Killarney Hotels
Liebherr Hotels (Switzerland) The
Europe Hotel and Resort (Fossa, Killarney, Kerry),Dunloe
Castle Hotel (Killarney), Ard Na Sidhe hotel (Kerry),
Central Craigavon Limited
Moyallen Properties Limited,
Granville Food Care Limited, CCSMS Limited, Magowan
Management Services Limited, Moyallen Holdings Limited,
Moyallen Developments Limited, Rushmere NI Limited,
SAgaro Properties Limited, Peter Robinson, John Robinson
Rushmere shopping centre (Craigavon), Magowan
Buildings development in Portadown and the Granville
Food Care warehousing business
Carnville Developments OHare and McGovern, Carnbane
House group, Solas Education for Life consortium six
third level education institutions (Ireland)
Cessona Limited
John Kenneally Shebeen Chic (South
Great Georges Street, Dublin)
Sean GallagherDerek Roddy, Smart Homes (SmartHomes),
Beach House Training and Consulting Limited 20 houses at
Gyles Quay near Dundalk, Co Louth
Michael Holland
Fitzwilliam hotel (St Stephens
Green, Dublin 2), Fitzwilliam hotel (Great Victoria Street,
Belfast)
Martin Garvin
Andrews Lane Theatre (Andrews
Lane, Dublin 2)
Declan Walsh Bridget Walsh Alverstoke (Bray Road,
Foxrock, Dublin)
Paul Kemsley Rock Investment Holdings PLC 30 Marsh
Wall (London E14), the former Burberry HQ on Haymarket,
Selhurst Park football ground in London, as well as a
number of assets in the US including offices on Fifth

Avenue in New York

John Morgan EstatesMelville and Co Funeral Directors Ltd,
Morgan Document Security, Morgan family
Balloo Retail
Park (Bangor, Co Down)
Benmore Group
Benmore Developments Co-op
Funeral Service building (Morrison Street, Glasgow),
Adelaide Exchange building (Belfast), Westwood shopping
centre (Belfast), Rushmere House (Cadogan Park, south
Belfast)
Rockridge Developments Limited Michael Keaveney,
Bridget Dunne-Keaveney (Bridget Dunne, Bridget
Keaveney)
1.8 acre site at Glenamuck Road,
Carrickmines, Co. Dublin, 1 Hillcrest Heights, Lucan, Co.
Dublin
Samuel Moore Li Developments, Moore Associates (NI),
SHM Group, SH Moore and Sons Limited, Colliers
International (receivers) Main Street (Pomeroy, County
Tyrone), Dervock (county Antrim), Fivemiletown (county
Tyrone), properties in Portadown, Coleraine, Cookstown,
Armoy, Kells, Mosside, Clough and
Castlecaufield.apartment building in Ballymena (county
Antrim)
Ben Walsh
CG Hotels Limited Great Southern hotels
at Dublin, Cork (Radisson Blu) and Shannon (Park Inn)
Brian Moran
Deirdre Lemass (wife), Johnny Ronan, John
Ronan Junior, Neway Investments Limited, Hornbill
Limited, Academy Geographic Limited, Ardquade Limited,
Lanaree Limited, Rosebrook Limited, Woodreed
Investments Limited, Castle Cove Property Developments
Limited, Ardquade Wines Limited, Canora Limited, Malting
Tower Limited, Carlton Lane Limited, Linconna Limited,
Okolan Limited,Buildonline, Urban Capital, Hines
Eamonn McCann
Sultan Properties Limited, Wonderland
Promotions, KPMG (administrators) Wheafsheaf Centre in
Rochdale (Greater Manchester)
Langan family Barina Construction, Tadhg Langan (Tadgh
Langan), Gerard Langan (Ger Langan)
Mayeston Hall
(Finglas, Dublin), Primrose Gate (Celbridge, Kildare),
Hamilton Hall ( Dunboyne, Co Meath)
Herd Estates
high street shop units in towns across
the UK, A wind farm at Cornharrow (Dumfries, Scotland),
luxury homes in Belfast and Donaghadee, 500-acre estate

in Scotland
John McGreevy Hugh McGreevy Sons, Tom McGreevy, Hugh
McGreevy, Bernard McGreevy the Grove at Hansted off
the Newcastle Road in Lucan, Co Dublin, Redcourt in
Clontarf, Fforster Square, Esker Park and Elmbrook in
Lucan and Ashcroft in Raheny
Latlorcan Developments WJ Dolan Construction (Ireland)
houses in Monaghan town
May Estates
Russell Simpson Construction business
parks and office blocks
Eddie Hobbs Brendan Investment Pan European Property
plc, Vincent Regan, Hugh ONeill, Dermot Flanagan,
Brendan Investments Property Management Ltd
office
building in the Airport City business park in Dusseldorf
(Germany)
David Hassard Ravenblack Developments
a 5.75 acre
development site in Derriaghy near Belfast and a 2.2 acre
site at Cumnock in the west of Scotland, Gocean Lodge in
Killyleagh (county Down)
Joseph Rodney Williamson
Rodney Williamson
Developments. developments in Richhill (Co Armagh)
Patrick J Doherty
Newbay, Newbay Doherty Properties,
Patrick J Doherty & Son Ltd
Letterkenny Retail Park,
Sligo Retail Park, Coshclady (Derrybeg, county Donegal,
company HQ), An Chuirt Hotel and Leisure Centre
(Gweedore, county Donegal), Ballymacool Housing Estate
(Letterkenny, Donegal), development at Cotteen
(Derrybeg, Donegal), development at Meenderrygamph
(Gweedore, county Donegal) and Falcarragh (Letterkenny,
Donegal)
Lagan Group Kevin Lagan, Michael Lagan (brother)
Philip Johnston East Development Company Ltd, PwC
(receivers), Haz Properties Limited and Haz Investments
Ltd, Philip Johnston and Co Estate Agents
residential
and commercial property portfolio in Northern Ireland,
Scotland and England
Michael Lowry (politician) Abbeygreen Consulting Limited
Well, the gloves are coming off! This letter (or similar) has just
recently been sent out to a few of the early Nama developers.
I have always maintained that the end game between the
developers and Nama would relate to Personal Guarantees.
I would not say that battle is engaged yet, but this does look like
one of the first shots or maybe its just a probing reconnoiter by

Nama.
The developers reaction will be interesting. One would assume that
most wives are independent citizens and have rights as such.
Therefore it is hard to see on what basis Nama can demand
personal and financial information on them from a husband. I would
think that many will seek independent legal representation. It will
be intriguing to see how this plays out.
Re: Unencumbered assets / asset transfers
Dear -,
I refer to the statement of affairs in respect of XXX and the listing of
property transfers which you submitted to us as part of the recent
business plan submission.
To finalise this information, NAMA requires that xxx principals
submit a final, signed, comprehensive and itemised listing of all
asset transfers to connected parties (including spouses and other
family connections if applicable) over the past five years. This list
should detail the date of transfer and where relevant, the
consideration paid.
In addition, NAMA requires a final. signed and comprehensive listing
of all assets currently held for each of the principals, and separately
for each of their spouses. The listing of assets should be itemised ,
subject to a financial threshold of 10k for personal assets and
house contents, and should include a full breakdown of all
properties, cash, personal assets, house contents and all other
assets, detailed by the partnership, corporate entity and trust in
which they have a beneficial interest or in their own name. A
description, estimated valuation and details of any related debt
should be provided in respect of each asset.
The principals and spouses are reminded that NAMA may at any
time seek sworn affidavits in respect of the statements of affairs or
asset transfers.
Yours sincerely,
Portfolio Asset Manager
National Asset Management Agency
Bernard McNamara was widely reported as one of the NAMA Top 10
developers whose loans were absorbed by the agency in the first
tranche in May 2010. The man himself is one of the best known
developers in the State having built a vast property empire which
encompassed some of the best known hotels in the State, not to
mention prestigious residential developments and shopping centres.
It is perhaps a sad reality that he might have become best known
as the face of the disastrous Irish Glass Bottle development, mostly
due to the litigation that has surrounded him in relation to that site
(and because the other partners in the development Derek
Quinlan keeps a low profile in London/Switzerland and the Dublin

Docklands Development Authority has been cleansed of its former

top management and no-one dare say a bad word about current
chairwoman, Niamh Brennan).
As with all NAMA developers, Bernard will have submitted a
business plan to the agency and there will have been some
subsequent dialogue to assess how best the loans could be repaid.
Though not confirmed by NAMA, I understand that NAMA is placing
a cap of 192,000 (not 200,000) on salaries to be paid to
developers. Bernard of course didnt get to where he is (or was)
today by sitting around waiting for events to unfold and recent
reporting has suggested he is building a business in the Middle East
where his talents might be better rewarded. And there is some
speculation as to what happened this week with mixed reporting on
the receivership of the Michael McNamara and Company
construction company. Earlier reporting (and here) suggested that it
was Bernard himself that sought a voluntary receivership whereas
reporting today (and here) suggests that NAMA is pulling the strings
and that it was NAMA that placed the company in receivership.
Indeed both RTE and the Independent are highlighting what is a
milestone event in NAMAs growth into its full functionality the
first time NAMA has used its powers under Chapter 3 of the NAMA
Act to appoint a receiver.
Michael McNamara and Company is regarded as the flagship
construction company in Bernards empire. Founded in Lisdoonvarna
in 1948 and bearing the name of Bernards father the company was
incorporated in 1964 as an unlimited company and does not publish
accounts it has a long history in residential, commercial and public
sector construction. Today it is reported to employ 400 people
directly and including subcontractors it is estimated that 1,100
people may be depending on the company. The construction
industry in Ireland employed an estimated total of 125,300 at the
end of June 2010 and with the recent failure of Pierse Contracting
and with McInerneys future uncertain, the sector seems to be
facing a bleak immediate future.
Although a key part of the Bernard McNamara empire, Bernard had
stepped back from day to day involvement in the company earlier
this year. Elsewhere his group is facing an uncertain future with
debts reported at 1.5bn. Yesterday another prominent group
company Radora Developments Limited (developer of the Elmpark
Green Urban Quarter on Merrion Road in Dublin) was on the
receiving end of a winding up petition by ACC Bank (local subsidiary
of Hollands Rabobank). What next for other companies in the
McNamara group? Including Grattan Properties, Varleigh, Breydon
Developments.
UPDATE: 15th November, 2010. Siobhan Creaton in the
Independent claims that On Thursday, Farrell Grant Sparks was
appointed to take control of the business. It has shut down the

companys [Michael McNamara Construction thats the company

identified in the preceding paragraph and the company to which
FGS has been appointed receiver] sites, laid off half of its 110 staff,
and the receiver will shortly put the companys assets on the
market. That company owes more than 20m to creditors and
subcontractors. It had made profits of 6m in the previous six
months and had not been seeking funding from NAMA to continue
its work. Could Siobhan be confusing Radora with Michael
McNamara Construction?
UPDATE: 21st November, 2010. With a key hearing tomorrow where
Radoras future will be decided by the courts, it is being reported by
the Independent that the receiver to Michael McNamara and
Company is wasting no time in putting the assets up for sale. The
assets include the work in progress on several major state contracts
with which the company was involved.
UPDATE: 26th November, 2010. There was supposed to have been a
winding up application hearing last Monday 22nd November in
respect of Friends First/ACC Banks claims on Bernard McNamaras
Radora Developments, possibly best known for its mixed-use
development of Elm Park in Ballsbridge. No news of that but the
Independent today is claiming that NAMA is appointing a receiver,
likely to be FGS (Farrell Grant Sparks ), to this major McNamara
group company. There would appear to be still quite a few unsold
high-end apartments in the development which at the peak saw
two-bed apartments on offer for 585,000. Dont be surprised to
see these offloaded at 200-250k in a NAMA firesale.
UPDATE: 18th December, 2010. The Independent reports that
McNamaras Varleigh and Breydon have fallen to the receivers. In
both cases, it was non-NAMA financial institution Ulster Bank that
pulled the plug and PwC appears to have been appointed receiver
for both. NAMA has of course had receivers appointed to Michael
McNamara and Company Construction and to Radora Developments.
UPDATE: 12th December, 2011. It is reported in todays Irish
Examiner that a receivers report has been lodged with the
Companies Registration Office which reportedly shows that the
receiver, Declan Taite has realised 3.15m in asset sales.

CONTROVERSIAL property tycoons, Liam Carroll and

Bernard McNamara are pocketing millions for property
they rent to the state almost 117 million each year.
As well as paying rent to Mr Carroll and Mr McNamara, the
taxpayer has also had to take on responsibility for the
loans the property developers have transferred to NAMA.
According to new figures released by the Office of Public
Works (OPW), Liam Carroll earns a total of almost 8m on
17 leases he has with the state his leases and rental bill
has actually increased since January of last year.

The embattled property developer lost control of his Zoe

group of companies last year following a series of
prolonged and high-profile court proceedings. The group
was estimated to have owed some 1.3 billion to its
bankers.
Mr Carroll and his wife Roisn hold six leases, earning them
just over 4m. Five of the leases are based in 26-30 Upper
Abbey Street.
advertisement

Two of these leases are currently vacant and are costing

the taxpayer 1.6m per year.
The Civil Service Commission rents a further two spaces,
earning Mr and Mrs Carroll 672,175 and 1.2m every
year respectively.
Mr Carrolls company Danninger Ltd holds eight leases,
earning in the region of 3.2m from a number of
properties around Dublin.
Tenants include the Department of Social and Family
Affairs, the Department of Justice and Law Reform, the
Road Safety Authority, the Department of Agriculture and
the Director of Public Prosecutions.
Property developer Bernard McNamara whose loans
have been taken over by NAMA is also a landlord to the
state.
Well-known in Fianna Fil circles as a former party
councillor in the 1970s, Mr McNamaras company Belltrap
Ltd earns 4.1m for three leases to the Department of
Justice and Law Reform, the Department of Social and
Family Affairs and Revenue.
Breydon Developments, which Mr McNamara partly owns,
receives 188,553.
Other high-profile businessmen such as beef baron, Larry
Goodman, and property developer, John Byrne, have also
earned millions from having the state as a tenant.
Mr Byrne earns more than 5.7m on nine leases he has

with the state.

His company Alstead Securities earns just over 3.3m on a
number of properties on Parnell Square in Dublin, occupied
by the Department of Enterprise Trade and Innovation, the
Director of Corporate Enforcement, the Department of
Social and Family Affairs and the National Social and
Economic Development Office.
Carlisle Trust Ltd earns 1.3m while Dublin City Estates
earns just over 1m.
Beef baron Larry Goodmans leases earn him 3.7m on
the Setanta Centre on Nassau Street in Dublin.
One of his companies Hazeldale receives over 1m for the
use of 76-78 Harcourt Street in Dublin, while his firm
Halfpipe receives 1.26m for the use of 4-5 Harcourt Road
in Dublin.
Heading the list is Irish Life Assurance which earns a
staggering 11.8m on leases it has with a range of
Government departments.

THE High Court is to withdraw protection

from the troubled construction firm,
McInerney Group, from Friday, February
25, after rejecting a proposed rescue package
22/02/2011

Mr Justice Frank Clarke yesterday said that a proposed

investor in the firm -- US hedge fund, OakTree -- had
engaged in an abuse of process by attempting to increase
its offer for the Irish firm after the court had indicated its
judgment on the rescue package last Thursday.
The examiner yesterday brought the court's attention to an
improved offer from OakTree.
The US fund had offered to increase its offer for
McInerney's by 6.6m.
This followed Mr Justice Clarke's ruling last week that one
of McInerney's bankers, KBC, would be unfairly
prejudiced under a rescue package because it did not have
access to the NAMA scheme.
OakTree's increased offer for McInerney's -- which would
have included a significant cash sum for KBC -- was aimed
at specifically addressing the issue of unfair prejudice. The

rescue package would have allowed the firm to exit

examinership but only after its debts had largely been
written off.
KBC currently holds a 26pc stake in the construction
firm's liabilities.
Unlike Bank of Ireland and Anglo Irish Bank, the other
banks in the McInerney syndicate, KBC does not come
under the terms of NAMA.
Mr Justice Clark yesterday said that OakTree could have
increased their offer at any stage -- but, by doing so after
the High Court had indicated its judgment on the rescue
package, effectively engaged in an abuse of process.
"The court is not part of a negotiating process," he said.
On application, he said he would remove the court's
protection from McInerney's -- but granted a stay on the
order until 2.30pm on Friday. If no appeal is signalled,
receivers would then be appointed.
McInerneys -- one of Ireland's oldest building firms -employs 280 workers but, like other firms, has been badly
hit by the recession and property market collapse.
It now owes more than 110m to a syndicate of three
banks, Anglo Irish, Bank of Ireland and KBC and has been
in court-approved examinership for the past year.
Last week, Mr Justice Clarke said that NAMA had declined
to make its position clear on the McInerney Group.
However, the judge said that it was "quite likely" that
NAMA would get involved in McInerney's, given its
property-related debts.

Court Will Hear McInerney

Appeal Soon
As I noted in this weeks preview, the McInerney Homes group of
companies has appealed from the High Courts decision to
terminate the examinership that was protecting the group from its
creditors. (The NAMA Wine Lake blog has been following the case
here). Naturally, the group has applied for a continuation of the

protection from creditors pending the appeals outcome; without

such a stay, the appeal would quickly be rendered meaningless.
The application for a stay pending appeal was listed on todays
motion list before Hardiman, Finnegan and ODonnell JJ.
But when the parties appeared in Court on the motion, it
transpired that they had agreed to a stay pending appeal. The
parties have also agreed to an expedited schedule for written
submissions. All the submissions will be completed by 25th March,
and the parties asked the Court for an early hearing date. The
Court extended the stay on the parties consent, but Hardiman J.
told them come back on a Thursday, when, each week during term,
the Chief Justice deals with scheduling matters. It seems likely that
the hearing will take place some time in the first half of April,
before the term ends on the 15th of that month.
The Legal Diary for the coming week shows that only one appeal is
set for hearing on the merits. Initially, there were three more
appeals set for hearing, one each on Monday, Tuesday, and
Wednesday. One of these, Director of Corporate Enforcement v.
Bailey (High Court judgment here) has been rescheduled for late
March. The other twoMI v. HSE and Stanley v. Kieran (High
Court judgment here) have dropped off the Courts public calendar
entirely.
The sole hearing is in a personal injuries case, originally heard in
Limerick, called Fisher v. Padotzke. There is no publicly-available
High Court judgment for the case, which will be heard on Friday by
Hardiman, Finnegan & ODonnell JJ.
The same three judges will also hear a list of motions on Friday,
including in the McInerney Homes examinership case. The High
Court decided to withdraw the McInerney groups protection
against its creditors after rejecting a rescue plan, but the Supreme
Court has extended that protection at least until Friday. McInerney
now seeks to appeal the rejection of the rescue plan, and hence
needs the Supreme Court to grant continued protection for the
companies pending the hearing of the appeal. Thats what Fridays
motion is about.
The election hasnt thrown up any Bush v. Gore-style disputes, so
the judges of the Supreme Court will probably be using the quiet
week to work on judgments, perhaps those in Dellway v. NAMA.
But NAMA still hasnt made a formal decision whether or not to
acquire McKillens loans. Is NAMA waiting for guidance from its
new political masters?
The parties in Dellway v. NAMA were before the Supreme Court
today to help figure out the aftermath of last weeks ruling that

NAMA hasnt made a valid decision. I couldnt make it to Dublin,

so Im trying to piece together what happened from press reports
by the Irish Times and RT, with help from the NAMA Wine Lake
Blog. The bottom line: NAMA and the Supreme Court each have
some work to do over the coming weeks.
First, the NAMA Board is planning to convene to decide whether to
acquire McKillens loans. Thats no surprise. It also makes sense
that, in the six days since the Supreme Courts ruling, NAMA
hasnt already convened a Board meeting and issued a one-line
decision. NAMA will now take a little timeperhaps as much as
two weeksto make a reasoned decision, presumably a decision to
push ahead and acquire McKillens loans. If thats what happens,
McKillens lawyers are promising a new High Court action to
challenge the new decision. As a matter of litigation strategy, a
reasoned decision may serve NAMA well in that future action.
What is perhaps a little surprising is that, against NAMAs wishes,
the Supreme Court is also pushing ahead: it plans to rule on some
of the remaining issues in the case, without waiting to see what
NAMA does. (See here for a typology of the issues.) NAMA wanted
the Court to hold its fire on the remaining issuesthe Fair
Procedures Question, the Relevant Considerations Question, and
the Constitutionality Questionand wanted the Court to rule on
them after NAMA had made its fresh decision. But after conferring
briefly with his colleagues, Murray CJ told the parties that the
Court would rule on the Fair Procedures Question and the
Constitutionality Question without hearing further submissions.
On a strict approach, one might think that these questions are not
ripe for decision by the Court: unless and until NAMA actually
makes a valid decision to acquire McKillens loans, McKillen lacks
a grievance against NAMA. But NAMA is probably about to make
that decision, and anyway the Irish courts take a more relaxed
approach to questions of ripeness and mootness than, for example,
the US Supreme Court does. The Irish Supreme Court probably
feels that these questions have been sufficiently aired in the
McKillen litigation and that the participants would benefit from
swift answers.
It seems, however, that the Court has dropped the Relevant
Considerations Question. (According to RT, the court ruled that
one of the three remaining issues in Mr McKillens appeal was no
longer relevant. I think this refers to the Relevant Considerations
Question, but concededly theres more than one way to slice and
dice the issues.) That would be logical: in the absence of a valid
decision, the Court cant sensibly rule on whether or not the NAMA

Board failed to take into account all the considerations relevant to

its decision. By contrast, the Fair Procedures Question and the
Constitutionality Question can be answered in the abstract,
without reference to any particular decision by the Board.
As usual, the Court gave no indication as to when it will rule, but
Id guess it will take longer than two weeks. So its likely that
NAMA will make its fresh decision, and McKillen may even file a
new action, before we get judgments on the Fair Procedures and
Constitutionality Questions.
Thats my attempt to figure out whats happening in this
fascinating case. If any readerparticularly anyone who was at the
Court todayhas a better understanding of todays proceedings,
feel free to share it below or contact me directly.

NAMA under Fine Gael

A terrible noise exactly like thunder was heard in the outer room of
his apartments : it was the crowd of courtiers deserting the
antechamber of the dead sovereign to come and greet the new
power of Louis XVI
This was the account given by Marie Antoinettes chambermaid of
the immediate aftermath of the death of Louis XV all the courtiers
and hangers-on were making a mad dash from one end of the
palace where the king had just expired to the other end to
ingratiate themselves with the successor. And whilst I wouldnt want
to pre-judge the outcome of the voting count today, I would be
shocked if anyone other than Enda Kenny was to be our next
Taoiseach and Michael Noonan the next Minister for Finance. And I
would say the ingratiating started many months back.
Of interest here is the fact that the FG director of elections for
Limerick (Michael Noonans constituency) is none other than
insolvency expert Brian McEnery of Horwath Bastow Charleton .
Brian also happens to be one of NAMAs nine board members and I
would imagine that Michael Noonan is very well briefed indeed on
the challenges facing the agency. And it will be the Department of
Finance that has most political say in how NAMA operates in future,
though other ministries like the Department of the Environment
Housing and Local Government and Justice and Law Reform will also
have a role to play.
So what changes can we expect at NAMA:
(1) Personnel. NAMA is probably most associated with its chairman
Frank Daly and CEO Brendan McDonagh. Sections 22 and 40 of the
NAMA Act provides the Minister for Finance with wide discretion as
to the bases for removing the incumbent NAMA CEO and other
board members including the chairman. Will FG want a change of
personnel. Have some already ingratiated themselves to the new
administration and convinced the putative Minister for Finance that
a different set of hands would do a better job? There are certainly

rumours in this area.

(2) Stopping NAMA 2: We do not believe that transferring the
land and development loans of Irish banks of less than 20 million
to NAMA is in the best interests of the Irish economy FG has said
that it will stop the transfer of the sub-20m exposures from AIB
and Bank of Ireland to the agency. What that immediately means is
that the stress tests presently ongoing will need examine the values
of some 12bn of sub-20m loans.
(3) Outsourcing: We will force NAMA to outsource management
of at least 70% of its assets to 3-4 competing private asset
management companies FG is keen to get third party asset
management companies to take on NAMAs loans. Indeed a longheld concern on here is that NAMA with 100 staff is ill-equipped to
directly handle 175 developers (which might represent 5,000
development companies and 20,000 projects) and their 50bn of
loans at par value. On top of this NAMA must manage the banks
and Capita with their dealings for smaller value loans. Capita has a
long and coloured history of ingratiating itself with parties in power.
(4) NAMA strategy: remember it boils down to the six actions
(sell, lease, manage, develop, demolish, mothball). It seems there
is a clamour for NAMA to generate more sales. These are likely to
be in the UK and elsewhere abroad though NAMA needs to be
careful about opportunists who expect a NAMA knock-down. But I
expect there will be more sales here and given the condition of the
market, I expect sales at levels not seen before, bargains some
might say but that would be to ignore the distressed condition of
the existing market which is being artificially distorted without true
price discovery.
(5) Transparency: The details of all non-performing loans
acquired by NAMA will be available for scrutiny on a Public Register
(6) Paddy McKillens loans: NAMA was supposed to have made a
decision whether or not to proceed to acquire Paddys loans last
Wednesday. And we are still waiting for the Supreme Court to issue
its determination on the three outstanding strands to Paddys appeal
(to do with the fairness and constitutionality of NAMA and its
procedures). Will Michael Noonan decide that Paddys loans will
destroy value at the banks if transferred? Will he persuade NAMA to
release its grip on Paddys and other objectors loans?
(7) NAMA report and accounts for quarter three, 2010 which
were delivered to outgoing Minister for Finance, Brian Lenihan on
31st December, 2010. Will Michael Noonan now ensure they are
promptly published?
(8) Dismantling upward-only rent reviews in commercial
leases. This manifesto commitment is really rattling the property
industry that sees 20% declines in commercial property values and
a repulsion of investors fearful of those declines. At the extreme on
the other hand, certain retailers and other commercial tenants are

literally praying it happens quickly because with existing rent levels

their businesses will die. Whatever FG does, it needs to do it
decisively and clearly. Otherwise this uncertainty of this Sword of
Damocles will hurt the property industry and do nothing for
commercial tenants.
Of course the bigger challenge facing the new Minister for Finance
will be dealing with the national debt burden including a
renegotiation of the IMF/EU bailout deal, the restructure of the
banking sector and dealing with the results of the stress tests
ongoing at the banks. But I would expect the Ministers fingerprints
to become transparent on the operation of NAMA within days.

Ireland is believed to have been one of only two EU countries (the

other being the UK) where upward-only rent reviews were common
features of business leases (rental contracts) until February, 2010
when Section 132 of the Land and Conveyancing Law Reform Act
2009 banned upward-only rent reviews in new contracts. Many
people may not have seen commercial lease agreements before but
would expect to see a term in the lease setting out the rent to be

paid for the relevant premises. Because business leases tend to be

longer than residential leases and because the tenant may wish to
occupy the premises for several years, provision is made in business
leases for the determination of future rent. That future rent may be
reference to growth in inflation, growth in turnover or to be
determined by an independent valuer these and others make for
many ways in which a future rent can be determined. Up to 28th
February, 2010 the likelihood was that the business lease would
provide for rent reviews but that the rent review would only be
upward (or have a nil increase, that is, stay the same). From 1 st
March, 2010 to reflect the collapse in our economy, upward only
rent review clauses were banned. But only for new leases. Not
retrospectively for old leases.

For existing leases, the existing terms continue to operate. So on

Grafton Street you may well have a lease on one premises paying
800 psf per annum and next door paying less than 100.
Businesses with old leases (ie those entered into before 1st March,
2010) are feeling the pain and feel particularly aggrieved at
competitors whose rent is fraction of theirs simply through an
accident of timing. After construction, the retail sector is said to
have suffered most with employment dropping from over 300,000
at peak to 136,000 in the latest CSO Quarterly National Household
Survey, retail is now the second biggest sector in the State after
Industry and therefore a key employment sector, particularly for
females. And with a general election on 25th February, political
parties have been setting out their stalls. And with jobs towards the
fore of the campaigns, both Labour an FG (policy document here
and manifesto here) the likely elements of the next government
regardless of the current cattiness have signalled that they will
retrospectively alter old leases. Terrific news for business tenants,
including the beleaguered retail sector. Dreadful news for landlords
and other property investors, eg NAMA.
Interestingly the property professionals industry association, the
Society of Chartered Surveyors (SCS, currently merging with the

Irish Auctioneers and Valuers Institute) has issued a position paper.

You might have expected this body which represents parties on both
sides of the transaction to have been neutral on abolishing
retrospectively upward-only rent reviews but no, it firmly comes
down on the landlord side and sets out in some detail the expected
collapse in commercial property values that would be expected in
the aftermath of any such move. For instance, it believes that least
20% will immediately be knocked off commercial property values
(capital values here are already down on average 60% from peak so
another 20% would bring the total fall from peak to 68%, a level of
fall that is already evident by the way in some cases). It also
believes that property investors would seek compensation from the
government with the taxpayer footing the bill and indeed a
retrospective change to leases would harm Irelands image abroad
as a stable home to foreign direct investment (FDI) which might see
a governments willingness to alter contract terms as an ominous
sign (what next, the corporation tax rate of 12.5%).
NAMA of course controls the biggest commercial property portfolio
in the country, worth 10bn according to the SCS. And a 20%
further decline in values would see NAMA in line for a 2bn loss. The
impact on our beleaguered banking sector could be even worse.
Given the residual non-NAMA loans in the NAMA Participating
Institutions (PIs, AIB, Anglo, Bank of Ireland, EBS, INBS) includes
70bn of commercial property lending (remember NAMA is primarily
about land and development with commercial property sucked in
under the heading of associated lending pure commercial property
exposures are left untouched by NAMA). So a further decline
engineered by a new government might see losses at the banks
balloon even further.

UPDATE: 16th February, 2011. The battle lines in the debate on

retrospectively altering commercial rents (mirroring the exchanges
of comments on here between Brian Flanagan and commenter
NAMAJew) continue to be drawn today. In the Irish Times, Bill
Nowlan argues the case on behalf of what might be seen as the
property industry whilst in the other corner is Retail Excellence
Ireland representing the retail sector which openly calls on
members to vote FG/Labour to protect jobs (not sure Id agree with
its assessment of numbers employed in the sector which seems to
be contradicted by the CSO Quarterly National Household Survey
cited and linked above).
UPDATE: 18th February, 2011. For completeness here is the IBEC
(employers association) retail sector statement on what was then
only Labours commitment to the retrospective changing of upwardonly review leases. There doesnt appear to be an IBEC property
sector statement on the matter Oddly enough, the Construction
Industry Federation (CIF) has yet to comment on the proposals, as
has the Irish Property Council.
UPDATE: 23rd February, 2011. I have rarely seen such a carefully
considered piece as the one penned by commercial property
commentator, Bill Nowlan in todays Irish Times in which he seems
to accept the inevitability of FG/Labours plans for retrospective rent
reviews. He cites IPD saying that on the portfolio in Ireland on
which they determine their index (with the Society of Chartered
Surveyors) the manifesto pledges would result in a 19.8% decline in
capital prices on the IPD-monitored portfolio. In one of the best
written pieces I think you could expect to see on this subject Bill
argues for a system which would protect tenants whilst deterring
chancers and try-ons. Whilst still firmly speaking for the
property industry (and I note the photograph used in the piece is of
a shopping centre owned by Irish Life who are a leading pension
provider in the State so any decline in commercial property prices
will affect grannies, geddit?), Bill suggests a system of reviews
which would borrow from insolvency processes and kick in where
rents constituted more than 10-15% of turnover. An interesting
contribution that deserves to be studied though I would think the
folks on other side of the argument, the tenants, might have
alternative proposals.
UPDATE(1): 2nd March, 2011. With negotiations ongoing between
Labour and FG to hammer out the terms under which a new
government can be formed (and with not a small chance that the
talks may fail, it should be said) it seems that the areas of
difference as reported in todays Irish Times citing sources from the
two parties, speaking on condition of anonymity do not include
retrospective rent reviews. And elsewhere in the Irish Times, David
Fitzsimons from Retail Excellence Ireland gives his reply to Bill
Nowlans article last week. He refers to the failure of Celtic

Bookmakers, Hughes Hughes, Sasha, Four Star Pizza, Toni Guy and
Chartbusters and claims extortionate rents as the fundamental
reason for their failure. It is an interesting article that tries to spell
out the benefits to the economy of lower rents in legacy leases
(those created before 1st March 2010 when upward only rent
reviews were lawful). He says that 30,000 jobs will be protected,
mostIrish pension funds invest less than 3% in property and that in
fact there has been little foreign investment in property in the last
eight years in any event. Elsewhere in the paper, there is an article
on the latest Cushman % Wakefield Office Space Around the
World report which ranks Ireland as 26th most expensive office
accommodation location with average rents including taxed and
service charges of 42psf down from 47psf the previous year and
that is attracting more foreign interest it is claimed. Cushman &
Wakefield also say that London City and West End rents rose by
25% last year.
UPDATE (2): 2nd March 2011. Property services powerhouse and
NAMA valuation panel member, CB Richard Ellis has just published
its first bi-monthly (I believe they mean every two months rather
than every two weeks) report looking at the commercial rental
sector in Ireland. The press release is here and the (very slightly
longer) report itself is here. It concludes that activity picked up in
January and February 2011 no doubt boosted by the fact that prime
rental levels are 50% off peak and there is little new space under
construction. Indeed there are only five new Grade A buildings in
Dublin 2 and 4 with over 75,000 sq ft.
UPDATE: 10th March, 2011. The Irish Times continues with what
seems like a series of essays on the subject of upward rent reviews
and today the Head of Investments and a director of agents, Lisney,
Anne Hargaden gives her views on the matter. She starts her essay
with an attack on ill-conceived arguments presented through the
media and then goes on to make what must be the most vacuous
arguments you are likely to hear on the subject (1) She attacks
governments interference in property rights disregarding the fact
that governments constantly interfere in rights of citizens and
companies all the time and she might consider that fact the next
time she sees people having a cigarette outside their offices (2) She
produces calculations which show that a 30% reduction in rent will
have a, er 30% reduction in capital values (3) She claims that Irish
citizens and banks and pensions are exposed to property and will be
disadvantaged by reductions in rent (4) She says that existing
commercial arrangements should see landlords willing to reduce
rents when the tenant is at the point of insolvency and (5) Using
wonky arithmetic (20% of 5% is 1%, not 2%) she claims that rent
is but a small part of a retailers cost base and insolvent businesses
which produce vacated premises will soon be filled again. It is to be
hoped that the property industry does not let this woman near

ministerial offices if it wishes to moderate the effect of the

manifesto pledge ill-conceived argument, highly-selective facts
and wonky arithmetic will not impress.
UPDATE: 30th March, 2011. Bill Nowlan tries to progress the debate
in todays Irish Times where he suggests that the proposal be
referred to the Law Reform Commission to consider, that being the
body which only in 2003 reported The Commission is clear that it
would not be appropriate to impose a mandatory statutory scheme
[on commercial rents] . This would run counter to one of the
guiding principles stated in the Consultation Paper on Business
Tenancies 36 and reiterated earlier in this Paper 37 namely,
removal of legislative provisions which militate against commercial
practice and operation of free market choice Elsewhere Bill refers
to the prancing of pressure groups (take a bow, Retail Excellence
Ireland!) and it seems clear where Bills sympathies lie in this
debate. But a key point he makes, for the expeditious conclusion of
this issue, seems welcomed by all parties regardless of their
sympathies.
UPDATE: 2nd April, 2011. The Irish Times reports on a year-old
letter from NAMA to the Department of Finance which complained in
May 2010 to then-Minister, Brian Lenihan that altering upward-only
lease terms to allow upward-downward reviews would devalue
NAMA assets and force NAMA to overpay for the remaining tranches
since it was valuing by reference to November 2009,
disproportionately benefit foreign commercial tenants and have
unhelpful consequences. The letter was penned by NAMA CEO,
Brendan McDonagh and its Head of Portfolio Management, John
Mulcahy. It is a year old and a Rice-Daviesesque reaction might be
appropriate : they would say that, wouldnt they
UPDATE: 18th April, 2011. David McWilliams has come out in favour
of lower rents, though he doesnt go so far as to support banning
Upward Only Rent Reviews. John McManus delivers a barely literate
and partly inaccurate article in support of changes to UORRs in the
Irish Times. He incorrectly claims that the recent Central Bank of
Ireland stress tests did not consider the abolition of UORRs when
the explicit change projected in the adverse scenario was 20%
different to the baseline scenario specifically to accommodate the
expected 20% drop which the SCSI has said would follow the
abolition of UORRs. The article focusses on improving competition
by setting rents at market levels.
UPDATE: 11th May, 2011. John Moran, managing director of JLL in
Ireland tells the Irish Times today that the threat of abolishing
UORRs is stopping investment and he cites as evidence the one
office investment transaction in Q1, 2011 in Ireland (the Layden
Group reportedly bought 42,000 sq ft Boole House in Clonskeagh,
Dublin 4 for 9.25m in April, 2011 which isnt even Q1 apparently
it was a sale and leaseback by telecoms giant, Ericsson). John goes

on to claim that there was 4bn waiting to enter the investment

market at the start of 2011 but that most of this has voted with its
feet and chosen not to deploy itself, citing that Government
interference with the market and contracts is an absolute
impediment to investment.
UPDATE: 8th June, 2011. A study has been conducted by CBRE in
Wexford town, sponsored by a number of parties who would appear
to have an interest in defeating the proposal to abolish UORRs.
According to the Irish Times The study found that of the 136 retail
properties in the town only 2 per cent of them were refused rent
abatement by their landlords. However, when the 45 per cent of the
shops which are owner-occupied as well as vacant units and
recently let stores are discounted from the survey, those refused
rent reductions accounted for 19 per cent of the total.
UPDATE: 17th July, 2011. Without citing sources, Aine Coffey in
Irelands Sunday Times (not available online without subscription)
reports that a Bill is making its progress through the Irish cabinet
and will be presented to the Oireachtas in September/October. The
Bill is to have a five-year sunset clause which the newspaper claims
is to bat off challenges to its constitutionality. A sunset clause
merely means the Act will be discontinued after five years but it is
not clear why a sunset clause would make the Act immune to legal
challenges by disgruntled landlords. Other features of the Bill are
reported to include
(1) It will only be in exceptional cases that tenants will get
changes to their leases
(2) The tenant must demonstrate that rents are threatening their
viable businesses
(3) The tenant must demonstrate the upward-only review clause
prevents the rent from reverting to a market rate. Its not totally
clear what this means, it might simply mean the tenant must show
that the lease is an UORR lease.
(4) Landlords will be entitled to defend attempts to change rents if
they can demonstrate rents being based on costs incurred on the
premises, though a defence will not be available based on existing
bank loans.
(5) The circuit court will be the court with authority to hear cases
but the tenant must wait a year after a review was first sought from
the landlord before becoming entitled to apply to the court.
(6) According to the Sunday Times the circuit court will also have
the power to rule on rent arrears. Again this is not clear perhaps
tenants will be entitled to reduce their rents paid pending an
outcome of the circuit court.
All in all, this report is worrying in the sense that all of the above
details have the potential to change property valuations. Minister
Shatter should be making a prompt statement on the matter and
his Department has been asked for comment.

Is there a Shell Corrib connection to the

sudden resignation of Irish Premier,
Bertie Ahern?
Apr 2nd, 2008 by admin.

By John Donovan
In December 2005 we published an article containing the
following paragraph:
It appears that extremely powerful forces are at work
and one wonders where the intrigue will lead in relation
to the Corrib pipeline. Will THE GREAT CORRIB GAS
CONTROVERSY turn into something even bigger a full
blown scandal?

http://www.shellnews.net/week49/shellnewscorrib14
dec2005.htm
We made the comment in the knowledge that the Irish
government has a reputation for corruption and over a
number of years gave concessions to the Corrib pipeline
consortium which many people believe were not in the
best interests of the Irish people.
Developments today increase the suspicion that
corruption robbed ordinary Irish people of a valuable
national resource, given away for a pittance to greedy
multinational giants. Royal Dutch Shell, the major
stakeholder in the Corrib project, has a track record of
being involved in bribery and corruption.
The following are extracts from an article published by
The Times earlier today:
Bertie Ahern, Irelands long-serving Taoiseach, abruptly
announced his resignation today amid continuing
controversy over his personal financial affairs.
He said his resignation was the result of a constant
barrage of allegations about his personal finances.
One of his mentors was the disgraced late prime
minister Charles Haughey, who took millions from
businessmen but called Mr Ahern the most cunning, the
most ruthless, the most devious of them all.
Mr Ahern had been expected to come under pressure to
day to explain a glaring contradiction in evidence he
gave to the Mahon Tribunal in February when he
claimed that he had never dealt in sterling.
His former secretary admitted to the Tribunal last week
that she lodged more than 15,000 into accounts held
by him and his two daughters in 1994.
But the man known as the Teflon Taoiseach was
adamant today that he had nothing to fear from a
continuing probe into his finances by a tribunal into
planning-related corruption.
http://www.timesonline.co.uk/tol/news/world/europe
/article3666383.ece
A Wikipedia article entitled the Corrib gas controversy
provides information about the suspicious
circumstances surrounding the role of certain
controversial Irish notables, including Bertie Ahern, in
relation to planning consent and associated matters.
The following are extracts:
In 1987, in a move described by Dick Spring as economic

treason [3], Fianna Fil Minister for Energy Ray Burke ended
all state involvement in oil and gas exploration [4]. In 1992,
then Minister for Finance (now Taoiseach) Bertie Ahern
extended licensing terms for oil and gas companies,
abolished royalties from Irish fields, and drastically
reduced the tax rate for exploration companies to the
lowest in the world. This prompted a director of Statoil
to remark: No country in the world gives as favourable
terms to oil and gas companies as Ireland. [5] The World
Bank puts Ireland at the top (in the very favourable
category) of its index of countries ranked by how congenial
their laws are to oil and gas companies, followed by Pakistan
and Argentina. Nigeria, where the influence of the oil
companies on government policy has been a source of much
controversy, only ranks as average.

In 2002, planning permission for a proposed refinery in

County Mayo was refused unequivocally by Senior
Planning Inspector Kevin Moore, of An Bord Pleanala
(the Irish planning authority). His report stated: From
a strategic planning perspective, this is the wrong site;
from the perspective of Government policy which seeks
to foster balanced regional development, this is the
wrong site; from the perspective of minimising
environmental impact, this is the wrong site; and
consequently, from the perspective of sustainable
development, this is the wrong site, and that it posed a

threat to a sensitive and scenic environment.

In an unprecedented subversion of the planning process, then
Minister for Marine and Natural Resources Frank Fahey told the
media that this refusal was just a hitch [6]. He was backed
by local Fine Gael TD (now leader of that party) Enda Kenny,
but opposed by another local TD (also from Fine Gael), Michael
Ring. An Bord Pleanala had asked Shell to examine the less
profitable option of refining the gas at sea. This was not done.
Planning permission was not required for the onshore
pipeline as, uniquely, the Irish government decided to
classify it as an offshore development.
In 2003 senior executives from Shell sought, and were
given, an interview with Ahern, who was now
Taoiseach, and other Irish government ministers. Within
a week, Ahern met with the board of An Bord Pleanala,
who are appointed by the government. The board
quickly decided to ignore its inspectors report, and
planning permission was granted soon after. Not long
before, a huge landslide swept away the whole surface area of
a mountain close to the intended pipeline route.
In 2005, Ray Burke was jailed for six months for tax evasion.
Burke is currently under scrutiny from the Mahon Tribunal for,
among other things, payments he received from Rennicks Ltd..
Rennicks Ltd. is associated with businessman Tony OReilly,
who secured many offshore licenses from Burke and Fianna
Fil in the 1980s. Bertie Aherns irregular financial affairs
during his tenure as Minister for Finance are also being
examined by the tribunal. Like his former party leader
Charlie Haughey, Frank Fahey has repeatedly failed to explain
adequately the source of the wealth that has allowed him to
build up an extensive international property and business
portfolio.
http://en.wikipedia.org/wiki/Corrib_gas_controversy
The Corrib project has faced long term protest activity
from the Shell to Sea Campaign.
Shells reputation was badly damaged after it had five
Irish landowners jailed for several months after they
refused to let Shell have access to their property to lay a
pipeline. They became known as The Rossport Five.
Shell management lost face after it sought the release
of the protesters and in the process, had to issue an
apology for having them thrown in jail in the first place.
If evidence of corruption emerges, the project will turn
into another full blown reputation disaster for the Dutch

oil giant following on from the reserves fraud which left

Shells reputation in tatters.

Money from developer

Allegations had been made that he had taken IR50,000

(63,300) from a property developer, Owen OCallaghan, in
return for favours at this time. Ahern won a libel action against
a Cork businessman, Denis Starry OBrien, defending himself
against this allegation. However, broadcaster Eamon Dunphy
has testified in the Mahon Tribunal, that he was told by
developer Owen OCallaghan, that Ahern was taken care of to
support a shopping centre development in the 1990s.[87] This
follows the initial allegations, denied by Ahern and
OCallaghan, by retired developer Tom Gilmartin, that
OCallaghan told him that he had given Ahern a payment of
50,000 in 1989, and a payment of 30,000 in 1993, in
connection with a development of lands at Quarryvale, west
Dublin. Gilmartin further alleged being told that OCallaghan
had paid Ahern in excess of 20,000 in relation to tax
designation of a site in which OCallaghan had an interest in
Athlone, the designation having been Aherns last act as
Finance Minister before the Fianna Fil-led Government fell in
December 1994.
In March 2007, one of Aherns Manchester benefactors, Paddy
The Plasterer Reilly, was appointed as the Fianna Fil Director
of Elections for Aherns Dublin Central constituency.
In April 2007, it was alleged[88] in a statement by his former
official driver, that Ahern in 1994, while Minister for Finance,
took a briefcase full of cash to Manchester. This has been
denied by Ahern.
While the payment details initially seemed to damage Aherns
standing, the result of the 2007 general election indicated that
the damage was minor. In April 2007, an opinion poll found
that nearly half of voters believe Taoiseach Bertie Ahern still
has questions to answer over the payments controversy.[89]
RELATED: On Friday, 22nd October 2010 at 6:15 pm, a
film about the community at the centre of the Corrib Gas
controversy, entitled The Pipe, will screen at the
British Film Institute in Southbank only a few hundred
metres away from the headquarters of the Royal Dutch
Shell Group. It was here in this building on the 22nd
July 2002, that the Committee of Managing Directors of
Shell met to discuss, among other things, the recent
refusal of planning consent for the Corrib gas field

refinery by the Irish Planning Board. The following

decision taken here by the senior Shell management
team would set in train a collision course between a tiny
community and the Irish State, and one which would
have devastating consequences for the inhabitants of
the small coastal village of Rossport.
*Paddy Briggs worked for Shell for 37 years, the last 15
of which were in international brand and reputation
management appointments. Today, through his
BrandAware consultancy, he advises businesses on
brand and reputation management issues. Paddy is a
prolific writer and journalist, especially on his specialist
business subjects and on sport. He is also one of two
pensioner-elected trustees of the 13 billion Shell
Contributory Pension Fund

Bertie Ahern (22 October 2010)

Admission of undeclared payments
Ahern was criticised by the Moriarty Tribunal for signing
blank cheques for the then Taoiseach Charles Haughey,
without asking what those cheques were for. Ahern told the
tribunal that a policy of signing blank cheques was used on the
Fianna Fil party leaders account for reasons of
administrative convenience.[70] In September 2006 The Irish
Times printed claims allegedly leaked[71] from The Mahon
Tribunal that Ahern had received money from a millionaire
businessman while Minister for Finance in 1993.
The editor of The Irish Times defended the publication as being
in the public interest at a hearing of the tribunal, saying that it
was not a party to the Supreme Court case which restrained
the Sunday Business Post from publishing leaked documents.
This order was directed against the Sunday Business Post but
its interim order purported to restrain all media outlets from
publishing confidential material from the inquiry.
Ahern has admitted that he did receive money but said on
being interviewed that:
What I got personally in my life, to be frank with you is none
of your business. If I got something from somebody as a
present or something like that I can use it.
What Ahern said in 1996, while in opposition:
The public are entitled to have an absolute guarantee of the
financial probity and integrity of their elected representatives,
their officials and above all of Ministers. They need to know

that they are under financial obligations to nobody. (Dil

ireann transcript, December 1996)
This contradiction has been criticised in editorials in both the
Irish Independent[72] and The Irish Times[73]
Six days after the payments were publicised, Ahern admitted
in a[74] television interview[75] that he had received two
payments totalling IR39,000 (50,000) in 1993 and 1994.
Ahern regarded the money as a loan, but he conceded that no
repayments had at that time (September 2006) been made
and no interest has been paid. He said that he had attempted
to repay it, but that his friends would not accept repayment.
He claimed that he had broken no codes ethical, tax, legal or
otherwise.
On 28 November 2007, former NCB managing director Padraic
OConnor at the Mahon Tribunal, directly contradicted Mr
Aherns claims that long-standing friends gave him a loan just
after Christmas 1993.[76]
In the same interview, he also admitted to receiving a
payment of 8,000 from a group of 25 businessmen in
Manchester on one occasion. He claimed that this money was
again unsolicited, that it was a gift and therefore not subject to
tax as it had been received when abroad, and that it was paid
to him after he gave an after-dinner speech at an ad hoc
function. He claimed that the money was given to him as a
private citizen, not to him in his then role as Minister for
Finance, and that no other payments were received by him
after speaking at other similar functions. The Irish Times
reported on 30 September 2006 that part of this payment was
actually a cheque drawn on NCB Stockbrokers, a large Irish
company. A number of his benefactors have received
appointments as directors of State boards.[77] Insisting that no
favours had been offered or received, Ahern said:
I might have appointed somebody but I appointed them
because they were friends, not because of anything they had
given me.
Under the Standards in Public Office Commissions rules,
State appointments should be made on the basis of merit,
taking into account the skills, qualifications and experience of
the person to be appointed.
Members of Dil ireann must conduct themselves[78]
in accordance with the provisions and spirit of the Code of
Conduct and ensure that their conduct does not bring the
integrity of their office or the Dil into serious disrepute.
In the face of negative publicity, Ahern has repaid the monies

advanced to him, with 5% interest totalling 90,000.[79]

On 3 October 2006 Ahern made a 15 minute statement in Dil
ireann defending his actions in taking loans totalling
IR39,000 (50,000) from friends in Ireland and 8,000
(11,800) as a gift from businessmen in Manchester in 1993
and 1994.[80][81][82] In his statement he apologised for the
distress his actions had brought saying:
The bewilderment caused to the public about recent
revelations has been deeply upsetting for me and others near
and dear to me. To them, to the Irish people and to this
house, I offer my apologies.

Confirmation of sterling cash lodgements

On 20 March 2008 at the Mahon Tribunal the disclosure,[83][84]

of lodgements of 15,500 sterling into building society
accounts of Ahern and his daughters was accepted as a matter
of probability by Aherns former secretary Grainne Carruth.
Previously in her evidence, Carruth, on 19 March 2008 had
said, that she had not lodged sterling for Ahern, while she
accepted (as a matter of probability), a day later, that she
must have lodged sterling on Aherns behalf based on the
paperwork available although her recollection is that she never
had sighting of sterling at any time.
Ahern had told the tribunal during his evidence in February
2008, that the lodgements to his and his daughters accounts
had come from his salary as a politician.

No bank account

Further questions were raised about IR50,000 (63,300)

which he had lodged to his bank account in 1994. He claimed
this was money he had saved over a substantial period of time
(19871994) when he had had no active bank account. During
this period he was Minister for Labour and subsequently
Minister for Finance. He was asked by the leader of the Labour
party, Pat Rabbitte whether, in the absence of a bank
account, he had kept the money in a sock in the hot-press
and by Joe Higgins, the leader of the Socialist Party if he had
kept the money in a shoe-box. Ahern replied that he had kept
the money in his own possession.

Payment in relation to house

On 5 October 2006 further information emerged[85] in the Dil

that Ahern had bought his house in Dublin from Manchester
based Irish businessman, Michel Wall, who was at an event in
Manchester in 1994 where the Taoiseach received a payment
of GBP8,000 (11,800). This caused further tensions within

the Government coalition parties.

On 10 October 2006 the Taoiseach[35] again told the Dil that it
was an error of judgement for him to accept loans and gifts
for personal purposes in the early 1990s. Ahern expanded on
his apology to the Dil of the previous week, which he
described as unqualified. Ahern said there would now be a
change in the ethics law requiring office holders offered a gift
from friends to consult the Standards in Public Office
Commission[86] and to accept their ruling.

Payment to refurbish property managed by Celia

Larkin
In May 2007, it emerged that Aherns then partner, Celia
Larkin, received 30,000 from the businessman Michel Wall
to contribute towards the refurbishment of the house that
Ahern was to buy later. Questions for Bertie.[90]

Money given to Celia Larkin

On 2 February 2008, it emerged at the Mahon Tribunal, that

a house was bought by the Aherns former partner Celia
Larkin in 1993 with money donated to Aherns constituency
organisation in Drumcondra.[91] There was no documentation to
back up this loan to Aherns partner or to prove around
IR30,000 in other expenditure from this account. Dublin
businessman Tim Collins has denied that Taoiseach Bertie
Ahern was joint holder of the so-called BT account from which
Celia Larkin was loaned IR30,000 without documentation to
describe the loan agreement.[92] Tim Collins denied that the BT
account referred to Bertie and Tim, even though he operated a
joint account with Des Richardson known as the DT account[93]

Appearance at the Mahon Planning Tribunal

On 13 September 2007, Ahern commenced four days of

testimony under oath at the Mahon Tribunal. On 13
September, Ahern admitted that he had not cooperated with
the Mahon planning tribunal. Counsel stated that information
supplied did not encompass all of the material questions that
had been asked of you to which Ahern replied I accept that,
yes.[94][95] On 14 September 2007, inconsistencies in Aherns
statements to the Tribunal emerged, after he changed his
story on the infamous IR25,000 dig-outs.[96] On 21 September
2007 Ahern again changed his story and said he could not
remember key events at the centre of the current controversy.
[97]

Tribunal chairman Judge Alan Mahon said there were

significant gaps in the money trail provided by Mr Ahern
which would have made it impossible for the tribunal to follow
the trail.[98]
Judge Gerald Keyes accused Mr Ahern of having no recollection
of buying stg30,000 in the early 1990s.[99]
Judge Mary Faherty accused Mr Ahern of giving polar opposite
accounts of why he withdrew IR50,000 from AIB, OConnell
St in January 1995.[100]
On 24 September there were further discrepancies, memory
lapses and contradictions to his testimony under oath[101] with
Ahern agreeing with the assertions of the Tribunal that there
are inconsistencies and contradictions in his statements
compared to bank records and the testimony of his then
partner Ms Larkin.
Ahern agreed with the Tribunal that; It cannot be the case
that Ms Larkin changed a sterling equivalent of 28,772.90 on
that day, if that bank record is accurate, isnt that correct?.[102]
[103]

Journalist Vincent Browne has asserted that Aherns

numbers game just doesnt add up.[104]
Again on 20 and 21 December 2007, Ahern spent two further
days under questioning by the Mahon tribunal about his
finances in the 1990s.[105] In January 2008, it was revealed that
Ahern was in discussion with the Revenue Commissioners
about his liability for tax on the sums received in Manchester
and on his tax clearance status as declared in 2002, before
details of the Manchester payments were revealed.[106][107]
Opposition leader Enda Kenny has said that, it is not
acceptable to have a Taoiseach who cannot declare compliance
with the tax codes.[108]
On 12 February 2008, it emerged[109] that the Mahon tribunal
had not all of the information provided to it, that Ahern
indicated in the Dil, that he had provided to the tribunal.
Ahern has taken a High Court action to prevent the Mahon
Tribunal from addressing and questioning him on the
information, that he released in the Dil in 2006.[110]
The total value of lodgements and other transactions that
have to date been queried by the Mahon tribunal in its public
inquiries into the finances of the Taoiseach, Bertie Ahern,
exceeds 452,800. The lodgements and transactions occurred
between 1988 and 1997, although the vast bulk of the money
was lodged in the period to 1995.[111]
On 4 June 2008, Ahern admitted that he knew about sterling

lodgements before his secretarys testimony,[112] but said to

laughter at his Tribunal appearance on that day that those
lodgements were from horse racing betting-winnings.[113]

Tax Clearance Certificate

In mid-January 2008 it emerged in the press,[114] reportedly as

leaks from parties to the Mahon tribunal, that Ahern will not be
in a position to present a Tax Clearance Certificate to the Dil,
as is required under Ethics legislation. This certificate is issued
by the Revenue Commissioners, to persons who have shown
themselves to be tax compliant. It is a legal requirement that
this certificate be presented to a Dil committee by 31 January
2008 by those elected to the Dil. In the absence of this, a
certificate stating that Ahern is in negotiation with the Revenue
Commissioners will suffice. An inability to declare tax
compliance by a prominent individual, while highly
embarrassing will suffice temporarily until Revenue either issue
a tax compliance certificate or refuse it.
The issue of compliance is serious and is an offence to make a
false declaration.
The Standards in Public Office Bill also makes provision for tax
clearance requirements for persons elected to the Oireachtas,
and others. Persons elected will be required to make a
statutory declaration of tax compliance, and the making of a
false declaration will be an offence. They will also have to
produce a tax clearance certificate. There will, therefore, be
considerable policing of tax compliance of members.[115]
The Standards in Public Office Commission has been asked to
investigate the Taoiseachs declaration of tax compliance after
the 2002 General Election.[116]
Aherns inability to furnish the tax clearance certificate has led
to further calls for Aherns resignation. He is also the only
member of the Oireachtas not to have a tax clearance
certificate[108] On 14 January 2008 while on a visit to South
Africa, Ahern accused Enda Kenny, leader of the opposition of
telling[117] a bare-faced lie about Aherns tax situation. Ahern
and Fianna Fils response has not addressed the issue, but
has attacked the leaking of Aherns tax affairs so as to attempt
to enable the non-compliance issue to be ignored. Labour
party leader Mr Gilmore joined the offensive over the
weekend, saying the Taoiseach was now providing at least four
different versions of his personal finances and was unable to
get a tax clearance certificate.[118] As of 2010 Ahern has still
not been able to provide a tax clearance certificate.[citation needed]

Ahern admitted to the Mahon Tribunal on 21 February 2008,

for the first time, that he did not pay tax on substantial
payments that he received when Minister for Finance in the
1990s.[119]

RoyalDutchShellGroup.com

ShellNews.net: The GREAT CORRIB GAS

CONTROVERSY may turn into a full blown
scandal: The CPI report contained findings
on health, safety and environmental
implications damaging to Shells case and
with potentially equally damning political
implications for the Irish coalition
government.: Wednesday 14 December
2005: 04.22am EST
By Alfred Donovan
On 22 November the Centre for Public Inquiry (the CPI) in
Ireland published an extensive report entitled THE GREAT
CORRIB GAS CONTROVERSY. It related to the Irish pipeline
project spearheaded by oil giant Royal Dutch Shell which
resulted in protestors against the pipeline being jailed at Shells
behest for 3 months. The Rossport Five were released after a
spectacular U-turn by Shell management when it realised that
its arrogant hard-ball tactics had resulted in a PR debacle to
rival Brent Spa. Thousands of people joined in street protests.
The mission of the CPI is to independently promote the highest
standards of integrity, ethics and accountability across Irish
public and business life and to investigate and publicise breaches
of those standards where they arise. The Board of the CPI is
chaired by Mr Justice Feargus Flood. Investigative journalist,
Frank Connolly is its Executive Director. The CPI has been
funded by Atlantic Philanthropies since its inception.

The CPI report contained findings on health, safety and

environmental implications damaging to Shells case and with
potentially equally damning political implications for the Irish
coalition government.
Soon after the publication of the report attempts were made at
the highest political levels to 'shoot the messenger' in the
person of Frank Connolly. These tactics may now have backfired
badly following the admission of the Irish Minister for Justice
(and former Attorney General) Michael McDowell that he
personally gave material from a police file to one newspaper the Irish Independent, owned by Tony O'Reilly who also controls
Providence Resources (which owns major Irish offshore
exploration blocks). This apparent attempt to blacken the
reputation of Frank Connolly has resulted in Chuck Feeney, of
Atlantic Philanthropies, withdrawing funding from CPI.
However, McDowell went further and used Dil privilege (the
Irish Parliament) to repeat allegations against Connolly which, to
date, have not been pursued by the Director of Public
Prosecutions and, therefore have not been adjudicated upon
under due process.
It appears that extremely powerful forces are at work and one
wonders where the intrigue will lead in relation to the Corrib
pipeline. Will THE GREAT CORRIB GAS CONTROVERSY turn
into something even bigger a full blown scandal?
Disclaimer: 'The author (Alfred Donovan) ShellNews.net and the web site
RoyalDutchShellplc.com are not endorsed by Royal Dutch Shell plc or affiliated with
them in any way.' Published by: ShellNews.net, 847a Second Avenue, New York
City, NY 10017, USA. Telephone No: +1 (646) 502-8756. Fax: +1 (646) 3492605. The statements expressed here, and any opinions, are those of the writers
alone, and neither are opinions of nor reflect the views of Shell2004.com. Content
created by the writers is the sole responsibility of the writers and its accuracy and
completeness are not endorsed or guaranteed. This goes for all links, too:
Shell2004.com has no control over the information you access via such links, does
not endorse that information, cannot guarantee the accuracy of the information
provided or any analysis based thereon, and shall not be responsible for it or for
the consequences of your use of that information. Alfred Donovan has had business

dealings with Shell stretching back almost 50 years. In the 1980s & 90s the sales
promotion company he founded with his son, John (Don Marketing) created and
supplied multimillion dollar national promotions for Shell on an international basis.
He and his son probably hold the world record for suing Shell, having subsequently
brought a series of court actions: five for breach of confidence or breach of
contract, and two for libel. They have never lost a case against Shell. Details
about the litigation are published on ShellNews.net, the unique website owned by
the Donovans. It contains the worlds largest collection of articles, news and
reports focused on Royal Dutch Shell and its activities astonishingly, over 6,000
web pages. Mr Donovan own and uses the registration to the dotcom domain name
for Shells unified $200 billion (USD) company: Royal Dutch Shell Plc
(royaldutchshellplc.com). Shell made an unsuccessful attempt to seize it by
instituting proceedings via the World Intellectual Property Organisation in May
2005. A WIPO panel gave a unanimous verdict in favour of Mr Donovan in August.

Written by Mark Lammey 14/09/2016 7:22 am

The oil and gas industry is in danger of getting bogged
down in key performance indicators (KPIs), a safety
chief from Shell said yesterday.
Norbert van Beelen, Shells vice president of wells
safety and environment, said that while it was
important to measure performance, companies were
wasting time gathering superfluous metrics.
He said: We need to manage it because KPI is
becoming an industry on its own.
Certain metrics are needed so we understand where
we are going, but there needs to be a purpose. We need
to be deliberate about what we are choosing.

We are not going to get away from it (KPIs) but we

really need to manage the amount of work and effort we
are putting into getting these numbers.
As an industry we are spending far too much time on it.

Mr van Beelen was speaking at an event organised by Shell to

share information about advances in North Sea well process
safety.
Delivering the keynote speech at Woodbank House, Aberdeen,
he said workers had to understand their roles and have the
right level of competence to fulfil them.
He said everyone should think of themselves as a barrier for
preventing mishaps that can have catastrophic consequences.
Citing a personal example, Mr van Beelen told delegates about
a time when he fell short during the testing of a wells
commercial viability, causing the temporary failure of a safety
process.
Luckily, he said, the lapse only led to a small brine spill.
If one person does not do the job properly, the barrier fails,
he said.
Mr van Beelen also said ensuring safety had to be a collective
effort between operators, drilling contractors and service
companies and that the process needs to start in an office
onshore, not on a rig.
He said one of the biggest hurdles to achieving a fully
integrated approach was the difficulty companies have in
understanding their project partners competence levels.
He did say some companies were already looking beyond their
own duties and were asking questions about their partners
responsibilities, but that there was still a long way to go in
this regard.
Mr van Beelen added: Well safety failures in our industry are
few and far between, but when they do occur they are
catastrophic.
If there is anything we can do to make the workplace safer, I
think we should always invest the time. Thats why its
important for us to work together on process safety.

AIBN issues urgent plea

Written by Rita Brown - 02/06/2016 7:45 am

Investigators probing a fatal helicopter crash have issued

an urgent request to the European Aviation Safety Agency

(EASA) to deem whether the H225 helicopter should be

immediately grounded.
The Accident Investigation Board Norways (AIBN) request
comes after its preliminary report published yesterday
detailed fatigue in the gearbox and a catastrophic failure,
rendering early safety warnings not effective.
The (AIBN) is calling on the European Aviation Safety
Agency (EASA) to take immediate action to ensure other
Super Puma H225 helicopters are safe.
The board warns the current means to detect a failure in
advance are not effective.
It came hours after safety aviation experts backed the
H225s and said they would allow their children to fly in
them although they later backtracked to wait for the
ruling.
The move could see the entire global fleet of the H225s
sidelined, according to Step Change in Safety executive
directer Les Linklater.
The aircrafts offshore services are currently grounded in
the UK after 13 people were killed off the coast of Norway last
month when it crashed onto a small island and caught fire.
The H225 is currently being used in search and rescue
operations.
But those flights could be forced to stop depending on
EASAs forthcoming ruling, according Linklater
He said: This is no longer a UK issue. This is a global
issue.
The report read: Detailed metallurgical examinations have
been ongoing since 19 May. Several parts from the
second stage epicyclic module were retrieved from the

accident site. The epicyclic module planet gears are

designed as a combined gear and bearing assembly.
Planet gears have a double function, acting as a gear on
the outside while at the same time functioning as the outer
race of a roller bearing on the inside. In order to improve
wear resistance it has been given a hard outer surface
through a carburization process.
Among the recovered parts were two pieces which
together form approximately half a second stage planet
gear. Examinations of these parts have revealed features
strongly consistent with fatigue. The fatigue appears to
have its origin in the outer race of the bearing (inside of
the gear), propagating towards the web of the gear teeth.
There is sign of spalling in front of the fracture surface.
The AIBN said it felt the findings to be of such
significance that it has decided to issue the following
safety recommendation to ensure the continuing
airworthiness of the Main Gear Box (MGB).
Catastrophic Failure
It added: It cannot be ruled out that this signifies a
possible safety issue that can affect other MGBs of the
same type. The nature of the catastrophic failure of the
LN-OJF main rotor system indicates that the current
means to detect a failure in advance are not effective.
Linklater stressed the various stakeholders would carry out
a robust investigation across industry too get to the root
cause.
He said: I cant say how long its going to take. Theres no
doubt its going to be challenging. But in the context,
proper tri-partide engagement, proper workforce

engagement, proper regulator and engagement from

Airbus, CHC and others, we actually we believe we can
get through this to a better and safer outcome.
Eleven passengers, including oil worker Iain Stuart from
Laurencekirk, Aberdeenshire, and two crew members
were killed after the aircraft crashed near the city of
Bergen on April 29.
Earlier investigations found the helicopter was travelling at
2,000ft when the main rotor head suddenly detached from
the body of the helicopter and it smashed into a tiny island
and burst into flames. Investigators said the sudden
catastrophic failure developed in one to two seconds.
Mr Stuarts family have said they are heartbroken by the
death of the 41-year-old father-of-two.
The 10 other passengers who died were Norwegian while
helicopter operator CHC lost two pilots, a Norwegian and
an Italian.
Safety Chiefs Forced to Reconsider
The report findings come just hours after Energy Voice
exclusively sat down with four safety and aviation chiefs at
the core of the investigation.
Gilles Bruniaux, vice president of aviation safety for Airbus
Helicopters; Gretchen Haskins, chief executive of
HeliOffshore; Duncan Trapp, vice president of safety and
quality for CHC Helicopters and Les Linklater, the
executive director of Step Change in Safety moved to
assure offshore workers and their families that they were
working to get to the root cause of the crash.
When originally asked to raise their hands if they would fly
on the H225, all four did so.

When probed on whether they would allow their children to

fly on the H225, all four leaders again raised their hands.
Pictured L-R Les Linklater (executive director of Step Change in Safety), Gretchen
Haskins (chief exec of HeliOffshore), Gilles Bruniaux (vp of aviation safety for Airbus
Helicopters) and Duncan Trapp (vp of safety and quality for CHC).

However, after the report was published the safety bosses

said they would need to await the EASAs ruling before
answering the question.
The four later issued Energy Voice a statement, which
read: The group has confidence in the system and the
process that operates when any aircraft is suspended from
service.
We note the preliminary report from the AIBN, published
on 1 June. With regard to the H225, we await further
information from EASA who, as the regulatory authority for
aviation safety, is best placed to take appropriate action to
ensure safe flight operations.
However, they reemphasized it would only strengthen their
resolve to provide the industry with answers.
Mr Trapp said: We have children. We have partners. Our
crews have children. Our crews have partners. We are not
in the business of putting anyone whether its a crew
member or a passenger in something we dont believe is
fully airworthy and fully safe.
So when we get to the root cause of this accident and
when weve satisfied ourselves that the root cause has
been addressed, then everybody is supportive of getting
the 225 back in the air in the same way weve done with
every other type of aircraft like this.
Mr Bruniaux added: The 225 is flying today in the world. It

is mainly in the oil and gas industry that the helicopter isnt
flying. We have convinced people outside the Norway and
the UK that they can fly, especially for the non-offshore
operations. Now I think we have to continue the
investigation and understand the root cause, which will be
the first step to convince people to resume these flights.
However, all four leaders conceded reassuring the
workforce of an H225 return would be a challenge.
Do Whatever it Takes
But Ms Haskins said the industry would do whatever it
takes to do so.
The reason aviation has such a strong safety record is
that it learns from events like this, she said.
What I can see is the whole of the industry collaborating,
and it will not rest until it understands the cause and puts
in place the actions that will stop it from happening again.
We need to find the root cause to satisfy ourselves that it
has been addressed, and then, we believe the evidence
that will convince us is the same evidence that will
convince the workforce.
She added: Ive seen the professionalism in the way the
process is worked through and Im confident that we will
work through it.
Mr Linklater, of Step Change in Safety, acknowledged it
would be a long process and an uphill battle.
The fact is people are emotional, he said. They dont
have all the facts they dont have all the information. Its
the same as me. I dont have all the facts and information.
I cant say how long its going to take. Theres no doubt
its going to be challenging. But in the context, proper tri-

partide engagement, proper workforce engagement,

proper regulator and engagement from Airbus, CHC and
others, we actually we believe we can get through this to a
better and safer outcome.
And Mr Trapp stressed nobody would ignore the concerns
of the workforce.
He said: We wont ignore them and we havent been
ignoring them. We absolutely understand the sensitivities
and the feelings back home with their families. They have
to be confident that when they get on the aircraft that
theyre going to be delivered to their workplace safely and
brought home safely. Thats what were all about. Thats
what we do every day.

A PROFILE WHICH is full of praise for former taoiseach

Bertie Ahern is still live on the Fianna Fil website despite
its former leader having resigned from the party in the
wake of the Planning Tribunal findings.
The profile, which appears under the section entitled
Fianna Fil Taoisigh, makes no mention of the fact that
Ahern resigned from the party after the Mahon Tribunal
into planning irregularities found that he had lied to the
tribunal in his evidence.
Ahern resigned from Fianna Fil in March following the
findings of the Mahon Tribunal and just days before it was
expected that he would be expelled from it four years after
he finished his 14 years as leader and 11 years as taoiseach.

The profile on the website notes that as Minister for

Labour in the late 80s and early 90s, Ahern established
his reputation as a peacemaker in industrial relations and
as a consensus politician.
Further down the profile says that under Aherns
leadership the Celtic Tiger came to fruition, a rapid and
sustained period of economic growth with the best growth
rates in the European Union, low inflation, low interest
rates, record employment and inward investment.
The profile says that it was no surprise that Fianna Fil
returned to government under Aherns leadership at the
2002 general election and goes on to describe his finest
achievement in negotiating the Good Friday Agreement.
Though he was in office until 2008, the profile does not go
beyond 2004 in listing Aherns achievements instead
focusing on that year as the one Ireland held the EU
presidency, a major success in which Ahern and his

government oversaw the accession of ten new member

states, the profile states.
A party source told TheJournal.ie that the profile is a
historical piece on the Fianna Fil website and it is
unlikely to be updated despite the revelations from the
Mahon Tribunal report.
However despite his Fianna Fil profile remaining intact,
Aherns website, The Office of Bertie Ahern, is no longer in
existence it would appear.
The website - www.bertieahernoffice.org - listed details
including a contact address for the Ahern when he was
based in St Lukes in Drumcondra, north Dublin
The former constituency office, which became his power
base during his time in government, was taken back by the
party following the Mahon Tribunal findings and Ahern
has since reportedly moved into a new office in the
Drumcondra Business Centre.
A similar piece for former taoiseach and Fianna Fil leader
Charles Haughey also makes no reference to his
involvement in the Arms Crisis in the 1970s nor the
revelations that emerged from the McCracken and
Moriarty Tribunals in the late 1990s.

The Final Report of the

Tribunal of Inquiry into
Certain Planning Matters
and Payments Vol. V (The
Carrickmines Module)
http://www.planningtribun

al.ie/images/sitecontent_92
1.pdf
Mahon1 Here is the Mahon
Tribunal introduction.
http://cdn.thejournal.ie/me
dia/2012/03/mahon1.pdf

Former Irish Prime Minister Bertie Ahern announced

Sunday he has resigned from the Fianna Fail party
rather than be expelled over an investigation into

secret payments he received while in office, but vowed

to clear his name.
Ahern, 60, denounced the findings of a 15-year
investigation organized by Ahern's own government
into bribery and corruption in Irish political life.
The three judges overseeing the fact-finding effort
issued a final report Thursday that found Ahern
collected more than 200,000 ($260,000) in secret
while in office; tried to stop the public learning the
truth about the money squirreled away in two safes
and third-party bank accounts; and provided
unbelievable explanations for how he accrued the
cash in three currencies.
"I believe a grave injustice has been done to me,"
Ahern said in a statement to the Sunday Independent
newspaper.
"It would be far easier for me to say nothing and try to
forget about this nightmare. But I can't allow this
blemish on my character to go unanswered," said
Ahern, who declined to specify what legal or other
action he planned to take.
Ahern, who was Fianna Fail leader from 1994 to 2008
and Ireland's prime minister from 1997 to 2008, said
he was "deeply saddened" to face an expulsion motion
and would resign instead.
"The last thing I want to do, given that I have now
retired as a public representative, is to be a source of
political division in the party I care so deeply about,"
said Ahern, who represented central Dublin in Dail
Eireann, Ireland's parliament, from 1977 to 2011.
But Fianna Fail's justice spokesman, Dara Calleary,
said the party's executive had yet to receive Ahern's
resignation letter and still planned to vote to expel him
at a meeting this Friday in punishment for Ahern's
unacceptable money-collecting record.
During 15 days of testimony in 2007 and 2008, Ahern
was repeatedly caught misleading the judges about
the extent of his hidden money, as well as an illdocumented agreement that allowed him to live in a

home technically owned by a benefactor.

Ahern eventually was forced to admit collecting
hundreds of thousands in cash that he kept in two
safes in his office and home in the early 1990s when
he was Ireland's finance minister, then eventually
transferring those and other undocumented cash into
more than a dozen accounts in the names of his
children and then-partner, Celia Larkin.
Ahern kept no Irish bank account during much of the
period under investigation, and testified that he
always cashed paychecks in pubs rather than deposit
them normally. He branded some unearthed cash
payments from businessmen as gifts and loans from
friends, then admitted he didn't know some of their
names, and no loan agreements existed. He repaid
about 90,000 ($125,000).
The judges said they couldn't determine whether
Ahern was corrupt, because they could find no proof
that he gave any his donors particular favors as a
condition of their payment.
Sunday Independent columnist Brendan O'Connor, in a
column accompanying Ahern's statement, wrote that
the judges "couldn't find Ahern guilty of anything but
lying, precisely because he lied. Because he wouldn't
tell it the truth about where the money came from, it
was unable to determine the source of funds."
He said much of the investigation's work, at an
estimated cost to taxpayers of 250 million ($325
million), was "misguided and wasteful."

It sounds like something from the worst kind of banana

republic. A rich businessman is invited into the parliament
of a small, cash-strapped island nation to meet the prime
minister and his most senior lieutenants. He wants to build
the biggest shopping centre in the continent.
The ministers say it's a great idea. Then, in the corridor, he
is asked for a 5m sweetener, to be deposited in an
offshore bank account whose number is handed to him on

a scrap of paper. When, in shock, he refuses, declaring

"You make the mafia look like monks", the businessman is
told: "You could end up in the [river] Liffey for that
statement."
This sensational testimony from the Luton-based
developer Tom Gilmartin - in which he implicates almost
half the Fianna Fil cabinet of the late 1980s, including the
current taoiseach, Bertie Ahern - brought Ireland's sleaze
tribunals to a new low this week.
Tales of politicians' grotesque greed and businessmen's
palm-greasing are nothing new in Irish politics. Six years
of relentless corruption hearings have revealed it to be one
of the most sleaze-ridden countries in Europe. Charles
Haughey, the disgraced former taoiseach and Mr Ahern's
mentor, took up to 8.5m from businessmen in the 1980s.
While vast numbers of young people were forced to
emigrate because of his economic austerity measures, Mr
Haughey lived in a Georgian mansion with its own private
pub amid 280 acres. He once spent 16,000 in one year
on monogrammed French shirts and would retire at
weekends with his entourage to his own private island off
Kerry.
But Mr Ahern, known as the "Teflon taoiseach", has
avoided the mud which has stuck to many of his allies in
Fianna Fil. Although he signed blank cheques for Mr
Haughey, and was rarely away from his side, Mr Ahern
appears not to have seen or heard any evil.
But now, with Mr Gilmartin's testimony, he has been put at
the scene of one of the most outrageous alleged incidents

of sleaze. Soon, when he is called in front of Judge Alan

Mahon's planning corruption tribunal, he will have to
answer questions about what he knew about his ministers'
habits and a missing 50,000 cheque which Mr Gilmartin
said he gave to the former environment minister and
European commissioner, Pdraig Flynn - with, he claims,
Mr Ahern's knowledge.
Mr Gilmartin is a 68-year-old builder who made his fortune
in property in Milton Keynes before returning to Ireland in
the 1980s. He planned to build the biggest shopping
centre in Europe at Quarryvale, north Dublin, and
transform a semi-derelict stretch of Dublin quayside into a
glamorous shopping district. But he says he grew
frustrated at the level of palm-greasing required by Fianna
Fil.
Mr Ahern denies he was at the crucial meeting with Mr
Gilmartin at the Dublin parliament in 1989, and indeed
none of the ministers named can recall such a meeting.
One minister, however, who popped in for a minute - the
then education minister, Mary O'Rourke - does recall it. Mr
Gilmartin is adamant a string of ministers were there. The
country is gripped.
At the heart of the scandal is the former EU commissioner,
Mr Flynn, who now admits receiving a 50,000 cheque
from Mr Gilmartin. The businessman says it was for the
party and that he had told Mr Ahern this in a phone call.
Mr Ahern has said repeatedly he has no recollection of
this call and did not know about the cheque. In any case,
the money ended up in Mr Flynn's bank account. Mr Flynn
said he told the developer there could be no strings

attached, and he mistook the amount on the cheque for

just 5,000.
The Mahon tribunal has already claimed a number of
scalps. Recently, a former Dublin planning official, George
Redmond, 79, became the first official to be jailed for
corruption after he was arrested arriving from the Isle of
Man with a case stuffed with 300,000. Former foreign
minister Ray "Rambo" Burke faces a bill of 2m (1.3m)
from the Criminal Assets Bureau over corrupt payments.
So inured are the Irish public to political corruption that few
expect Fianna Fil to implode. In fact, many people
secretly admire the culture of the "cute hoor", the politician
who can bend the rules to suit himself or his constituents.
Everyone connected to the tribunal has come under
scrutiny. Judge Mahon recently issued a statement
admitting he had to make a 25,000 (16,000) settlement
after he says he miscalculated his tax for one year. He
denied any wrongdoing.
The tribunal hearings are likely to run on into the European
and local elections in June. But, in the absence of strong
opposition, political commentators are watching to gauge
the effect the tribunal will have on Fianna Fil's vote. While
elsewhere someone in the taoiseach's position would have
been mortally damaged for not stamping out earlier
corruption in his own party, what some describe as Mr
Ahern's "don't ask, don't tell" policy could inoculate him
from harm.
Judges' final report,
http://bit.ly/GLI1En
FORMER TAOISEACH BERTIE AHERN RESIGNS FROM FIANNA

FAIL
Despite still protesting his innocence former Taoiseach Bertie Ahern has
resigned form the Fianna Fail party just as he was about to be expelled.
The report of the Mahon Tribunal into 'payments to politicians' forced
the hand of the current Fianna Fail leader, Micheal Martin, who
instigated proceedings to expel his former party leader.
This is a huge fall from grace. Bertie Ahern was Taoiseach of Ireland
from 1997 to 2008. It was during this time that the economy of Ireland
really took off with the 'Celtic Tiger' roaring its way to hitherto unheard of
heights of expansion and economic development. Unfortunately the
boom was to a large extent based on the construction industry and
when the housing bubble burst in 2008, coupled with the banking crisis
that followed, the economy collapsed and took Bertie Ahern's reputation
with it.

He had resigned in 2008 after revelations in the Mahon Tribunal led to

questions about deposits made to his bank account for which he gave
several ambiguous answers. The fact that some of this money was
raised from 'whip-arounds' has exposed Bertie Ahern to an income tax
liability at the very least, although the most vociferous of his critics want
to see him prosecuted. It should be pointed out that the Mahon report
did not find Bertie Ahern guilty of corruption (of taking a bribe for political
favours) but rather indicated that it simply did not believe his account of
the lodgments to his bank accounts.
The former Taoiseach has indicated that he intends to challenge the
findings of the Mahon Tribunal in court in an effort to clear his name.
Fianna Fail are keen to move on from the affair and have acted quickly
in instigating expulsion proceedings against not just Bertie Ahern but
also several other high-profile former T.D.'s who may ultimately face
criminal charges.
This matter is likely to drag on for several years yet but is becoming less
and less important in the public consciousness. The Mahon enquiry cost
well in excess of 300 Million euro to complete, most of which was paid

to Barristers. Critics of the enquiry lament such a dreadful waste of

public money, while others take the view that this is the price of
democracy.
Regardless of the outcome of his fight with the Mahon Tribunal, Bertie
Ahern will likely be remembered most for his role in the Northern Ireland
peace process in which he was instrumental. He was one of the main
players who brought a skeptical Unionist establishment in Ulster to the
table with Sinn Fein while also pushing through a change in the Irish
constitution necessary to ensure progress. Surely his greatest
achievement.
DEPTHS OF IRISH PROPERTY CRASH REVEALED
The Central Statistics Office in Ireland has published some startling
figures that shown just how far Irish property prices have tumbled.
Overall prices are down by 49% since 2007. Dublin apartment prices
have fallen by as much as 62% while falls outside Dublin are 45%.

Most worrying though is that there are signs that the decline in prices is
starting to accelerate again. It had been hoped that the bottom of the
market had been reached towards the end of 2011 but the new CSO
figures reveal that February 2012 saw a 2.2% price reduction in that
month alone. Commentators continue to blame the banks reluctance to
lend for the continuing fall in prices with no end in sight.
DEFIANCE TO PROPERTY TAX GROWING
The hugely unpopular property tax that has been introduced by the Irish
government is being fought at every level of Irish society. Members of
the Irish Parliament (T.D.'s), priests, journalists and pensioners have
combined to publicize their campaign of non-payment of the tax. The
deadline for payment is March 31st but a week before that deadline only
about 20% of households had paid the 100 euro charge. It is expected
that the nominal charge will be replaced with a much higher annual bill
next year, stretching to thousands of euros for some families.

If the vast majority of households (or even a significant minority) refuse

to pay the charge then the government will face a huge problem. It must
either threaten, fine and even imprison huge numbers of its citizenry or
else scrap the charge and go back to the drawing board. This is a
potentially explosive issue for the Fine Gael government and is a first
sign that a significant protest against the EU/IMF austerity measures
has enough momentum to hurt Fine Gael where it matters, at the polling
station. Even more at risk from any well-organised mass protest against
the charge is the Labour Party who are in coalition with Fine Gael. As a
left-wing party they would be under even more pressure than Fine Gael
to scrap the property tax.
There are other dangers in this issue for the government apart from an
increase in its unpopularity. Ireland is to hold a referendum at the end of
May to approve or reject the new EU fiscal Treaty. If the anti-property
charge groups were to coalesce with the anti-Treaty groups then it is
conceivable that the Treaty could be defeated with huge repercussions
for Ireland within the European Union.
The 'Leabhar Gabhala' or 'book of invasions' is a manuscript that records the
ancient history of Ireland. It was written in the eleventh century and gives a
vital account of the invasion by the Gaels, the 'Sons of Mil', the Milesians.
The story of the Milesians begins in Scythia in the very south-eastern part of
Europe in the millennium before Christ. These were a nomadic people famed
for their prowess with horses. They were ruled by King Fenius who had a
grandson named Gaedhuil, or 'green gael'. Having been bitten by a snake the

boy was taken by his father to Moses, who cured him with his staff.
Moses told the boy that he would travel to a land without snakes, an island to
the west, where his descendants would remain.

The boy travelled throughout Europe and settled in Spain where he was
known as Milesius and became King. His brother, Ith, discovered the island
that Moses had told him about, but was killed by the Tuatha de Danaan, the
people of the Goddess Danu. By this time Milesius had also died but his wife,
Scota, and his sons, swore vengeance on the Tuatha de Danaan and set off
for Ireland. Victory was theirs despite Scota being a casualty of the war. The
sons of Milesius, Eber and Eremon, became rulers of Ireland, the land without
snakes. The two rulers divided the country between them with Eber ruling the
North and Eremon the South. Needless to say, the peace of the land was
short-lived with a battle ensuing to claim the hill of Tara. Eremon prevailed,
and became King of Ireland.
Academic scholars are unsure of when exactly the Milesian invasion
occurred. Some estimate it at 1000 bc, others as early as 3500 bc. Despite
the difficulty with verifying traditions and legends there is good evidence to
prove the existence of the Milesians as a Celtic race of people. The
descendants of the Milesians include 'Niall of the Nine Hostages' (from whom
all O'Neills are descended), Conn of the Hundred Battles, and Ugani Mor. It is
based on this pedigree that the Milesians are regarded as the true fathers of
the Irish people.
35 THINGS YOU NEVER KNEW ABOUT DUBLIN
by David Carey
==============================
1. Dublin's O'Connell Bridge was originally made of rope and could only carry
one man and a donkey at a time. It was replaced with a wooden structure in
1801. The current concrete bridge was built in 1863 and was first called

'Carlisle Bridge'.
2. O'Connell Bridge is the only traffic bridge in Europe which is wider than it is
long and Dublin's second O'Connell Bridge is across the pond in St.
Stephen's Green.

3. Dublin Corporation planted 43,765 deciduous trees in the Greater Dublin

area in 1998.
4. Dublin's oldest workhouse closed its doors for the last time in July 1969.
Based in Smithfield, the premises housed 10,037 orphan children during the
one hundred and seventy years it operated.
5. Dublin was originally called 'Dubh Linn' meaning 'Black Pool'. The pool to
which the name referred is the oldest known natural treacle lake in Northern
Europe and currently forms the centrepiece of the penguin enclosure in
Dublin Zoo.
6. None of the so-called Dublin Mountains are high enough to meet the
criteria required to claim mountain status. The Sugarloaf is the tallest 'Dublin
Mountain' yet measures a mere 1389 feet above sea level.
7. The headquarters of the national television broadcaster, RTE, in Montrose,
was originally built for use as an abattoir.
8. Dublin's oldest traffic lights are situated beside the Renault garage in
Clontarf. The lights, which are still in full working order, were installed in 1893
outside the home of Fergus Mitchell who was the owner of the first car in
Ireland.
9. The Temple Bar area is so called because it housed the first Jewish temple
built in Ireland. The word 'bar' refers to the refusal of Catholics to allow the
Jewish community to enter any of the adjoining commercial premises.
10. Tiny Coliemore Harbour beside the Dalkey Island Hotel was the main
harbour for Dublin from the fifteenth to the seventeenth century.
11. Dublin is the IT Call Centre capital of Europe with over 100,000 people
employed in the industry.
12. In 1761 a family of itinerants from Navan were refused entry to Dublin.
The family settled on the outskirts of the city and created the town of Rush.

Two hundred and fifty years later, a large percentage of the population of
Rush can still trace their roots back to this one family.
13. Dubliners drink a total of 9800 pints an hour between the hours of 5.30pm
on a Friday and 3.00am the following Monday.
14. Dublin is Europe's most popular destination with traveling stag and hen
parties.
15. Harold's Cross got it's name because a tribe called the 'Harolds' lived in
the Wicklow Mountains and the Archbishop of Dublin would not let them come
any nearer to the city than that point.
16. Leopardstown was once known as Leperstown.
17. The average 25-year-old Dubliner still lives with his/her parents.
18. Three radio stations attract over 90% of all listeners in the Dublin area.
19. There are twelve places called Dublin in the United States and six in

Australia.
20. Buck Whaley was an extremely wealthy gambler who lived in Dublin
in the seventeen hundreds. Due to inheritances, he had an income of
seven thousand pounds per year (not far off seven million a year at
today's prices). He lived in a huge house near Stephen's Green which is
now the Catholic University of Ireland. He went broke and he had to
leave Ireland due to gambling debts. He swore he'd be buried in Irish
soil but is in fact buried in the Isle of Man in a shipload of Irish soil which
he imported for the purpose.
21. The converted Ford Transit used for the Pope's visit in 1976 was
upholstered using the most expensive carpet ever made in Dublin. The
carpet was a silk and Teflon weave and rumoured to have cost over
IR950.00 per square meter.
22. There was once a large statue of Queen Victoria in the Garden
outside Leinster House. It was taken away when the Republic of Ireland

became independent and in 1988 was given as a present to the city of

Sydney, Australia to mark that city's 200th anniversary.
23. The largest cake ever baked in Dublin weighed a whopping 190 lb's
and was made to celebrate the 1988 city millennium. The cake stood
untouched in the Mansion House until 1991 when it was thrown out.
24. Strangers are more likely to receive a drink from Dubliners than
from a native of any other County.
25. There are forty six rivers in Dublin city. The river flowing through
Rathmines is called the River Swan (beside the Swan Centre). The
Poddle was once known as the 'Tiber' and was also known as the River
Salach (dirty river), which is the origin of the children's song 'Down by
the river Saile'. It is also the river whose peaty, mountain water causes
the Black Pool mentioned above.
26. Saint Valentine was martyred in Rome on February 28th eighteen
centuries ago. He was the Bishop of Terni. His remains are in a Cask in
White Friar Street Church, Dublin. He is no longer recognised as a Saint
By the Vatican.

27. The statue originally in Dublin's O'Connell Street (but now moved to
the Phoenix Park) is commonly known as the 'Floozy in the Jacuzzi'
while the one at the bottom of Grafton Street is best known as the 'Tart
with the Cart'. The women at the Ha'Penny bridge are the 'Hags with the
bags' and the Chimney Stack with the new lift in Smithfield Village's now
called the 'Flue with the View'. The short lived millennium clock that was
placed in the River Liffey in 1999 was known as 'the chime in the slime'.
28. Montgomery Street was once the biggest red-light district in Europe
with an estimated 1600 prostitutes. It was known locally as the 'Monto'
and this is the origin of the song 'Take me up to Monto'.
29. Henry Moore, Earl of Drogheda lived in Dublin in the Eighteenth
century. His job was naming streets. He called several after himself.
Henry Street, Moore Street, Earl Street, Drogheda Street. Drogheda
Street later became Sackville Street and is now O'Connell Street.

30. Nelson's Pillar was blown up in 1966 to mark the fiftieth anniversary
of the 1916 rising. It now lies in a heap in a valley in County Wicklow.
31. Leinster House in Dublin was originally built as a private home for
the Duke of Leinster. At that time, the most fashionable part of Dublin
was the North Side and he was asked why he was building on the
South Side. He said 'Where I go, fashion follows me!' .....and to this day
the most fashionable part of Dublin is the South Side.
32. Tallaght is one of the oldest placenames in Ireland and it means
'The Plague cemetery'.
33. There are seven areas in Dublin whose names end in the letter 'O'.
Fewer than one Dubliner in 20,000 can name them off by heart. They
are: Rialto, Marino, Portobello, Phibsboro, Monto, Casino and Pimlico.
34. Kevin Street Garda Station was once the Palace of the Archbishop
Of Dublin.
35. The original name of Trinity College was 'Trinity College Near
Dublin'. The capital was a lot smaller then.
Best wishes from Van Demons Land!
David Carey.
(In Australia but from Limerick!)

THE EASTER RISING IN IRELAND, 1916

===============================
1. BACKGROUND TO THE RISING
THE IRISH REPUBLICAN BROTHERHOOD (IRB)
One of the main and lasting effects of the Great
Famine of 1845-47 was emigration. The 'Coffin
Ships' carried tens of thousands of the poorest
Irish people who fled Ireland to avoid starvation.
They created a new Irish nation within America
whilst remembering the injustice of the English
occupation of their homeland as well as harboring
a deeply felt hatred of landlords and evictions.

A Clann na Gael source estimated that there were

over one and one half million people of Irish
birth in America towards the end of the nineteenth
century. These people supported the republican
cause by giving money, weapons and, significantly,
a propaganda machine which has continued to this
day.
The Irish Republican Brotherhood was formed in
a Dublin timber-yard on Saint Patrick's Day in
1858. James Stephans was assisted by Thomas Clarke
Luby, James Denieefe, Garret O'Shaugheynessy and
Peter Langan.
Joe Denieefe brought financial support back from
America. He had left Ireland after the Ballingarry
defeat in 1848. James Stephens, Michael Doheny
and John O'Mahony fought in Ballingarry in 1848.
Stephens was injured but still manage to escape
to Paris where he familiarized himself with the
revolutionary tactics of that country. He came
back to Ireland to try to establish an underground
organisation to remove the English from Ireland.

Denieefe and Luby traveled the country extensively

and organised military groups called 'circles'.
They formed oathbound secret societies of loyal
patriots. Popular opinion did not support the
revolutionary ideals of the IRB nor did the Church
whop were strongly opposed. The mainstream support
came from the poorer classes who, despite their
poverty, were often highly idealistic.
At the time of the 1867 rising the membership of
the IRB was estimated at over 80,000.

INFORMERS
Informers such as Corydon and Magle did untold
damage to the IRB by betraying their oath and
giving information to the English.
The Fenian movement split in America in 1865.
John O'Mahony took over from the Stephans.
O'Mahony was later himself to be deposed when his
hesitation in calling an insurrection dissatisfied
the soldiers he commanded (many of whom were
veterans of the American Civil War). Colonel Thomas
J. Kelly, was appointed Chief of Staff of the IRB
in 1867 and departed for Ireland.
A rising was planned for February 1867. Chester
Castle in England was to be attacked and
simultaneous raids in Ireland were to be carried
out. The English knew in advance however as
Corydon kept them informed.
The news had not filtered through to the Fenians
in Ireland and sporadic battles took place in
Kerry and Dublin.
THE MANCHESTER MARTYRS
The IRB was reorganised in Manchester in July of
1867 and a supreme council elected. Colonel Kelly
and Jim Deasy were captured by the English and
then rescued by the Fenians in a daring raid in
which a police officer was killed. Allen, Larkin
and O'Brien were hanged for their complicity in
the events and they became known as
'The Manchester Martyrs'.
The mass funerals that followed together with
the later formation of the Land League focused
the minds of the popular masses on the injustice
of English rule in Ireland.
CLAN NA GAEL
The IRB delegates in Manchester broke away from
the feuding factions of Fenianism in America and

supported Clan na Gael who were founded there in

June of 1867. The objectives of Clann na Gael was
to secure an independent Ireland and to assist
the IRB in achieving this aim. John Devoy was the
mainstay behind the Clan.
Devoy became involved in the 'New Departure' and
assisted Davitt and Parnell in their fight against
the landlords. Independence remained his main aim
however as he felt that the Land League was not
militant enough to remove the landlords. Devoy,
assisted by Doctor Pat McCartan, founded
a newspaper, 'The Gaelic American'.
Doctor Pat McCartan transferred from Clan na Gael
to the newly formed 'Dungannon Clubs', a
separatist organisation which was denounced by
the Church.
Tom Clarke became a member of the Supreme Council
of the IRB in 1909 and helped form the
revolutionary paper 'Irish Freedom'. He became the
link with Clan na Gael in America.
In 1912 the IRB sent Sean MacDiarmada as a delegate
to the Clan convention and he succeeded in securing
the enormous sum of $20,000 for the IRB at home.
IRISH VOLUNTEERS
In November 1913 the Irish Volunteers were formed
in Dublin and 4,000 enrolled on that first night.
In 1914 Padraig Pearse went to America to raise
funds to save his Gaelic school, St. Enda's. This
he achieved and then turned his attention to
revolutionary matters.
On his return from America he sought 1,000 rifles
from McGarrity. He as assisted by Sean
Mac Diarmada, Eamonn Ceannt and Sean Fitzgibbon.
Pearse was convinced that the revolutionary force
in Ireland had never been better organised
or equipped. His speech in 1914 reflected this:'In Dublin, we have some 2,500 admirably
disciplined, drilled, intelligent, and partly armed

men. Nationalist Ireland has never before had such

an asset. Our main strength is in Dublin, but large
minorities support us everywhere, especially in the
towns and in the extreme South and West. We expect
to have 150 companies, representing 10,000 to
15,000 men, represented by delegates at next
Sunday's Convention.'
THE GAELIC LEAGUE AND THE GAA
The IRB were influential in many cultural and
national organisations. Most of the leaders like
Pearse, Plunket and McDonagh were fluent Irish
speakers and were members of the Gaelic League.
The Gaelic Athletic Association (the GAA) was
formed by Cusack in November 1884.
THE GREAT WAR 1914-18
At the outbreak of the first world war, Redmond
urged the Irish Volunteers to join in the fight
against the oppressors of small nations. 170,000
of the Volunteers supported Redmond whilst
11,000 supported Pearse.
Tom Clarke urged the Supreme Council of the IRB
that a rising must happen before the end of the
war, especially as the Irish Home Rule bill had
been suspended at the outbreak of the war.
Pearse, Plunket and Ceannt drafted the first
military plans.
ROGER CASEMENT
Prior to the rising and thanks to Hobson, Casement
and Childers, guns were landed at Howth and
Wicklow. Casement went to Germany where he
published the Irish cause in German newspapers.
His efforts to secure weapons were dealt a severe
blow when he and the weapons they were attempting
to smuggle into the country were captured on
Banna Strand.
Casement, an English subject, was eventually
convicted of treason and hanged.

PLANS FOR THE RISING

Thomas Clarke was the main instigator of the
rising, supported by Pearse, Sean Mac Diarmada,
Eamonn Ceant and Sean T. O'Ceallaigh who went to
America for further assistance. Thomas McDonagh,
Joseph Plunket and James Connolly. were later
brought on to the Supreme Council.
James Connolly used his paper 'The Workers'
Republic' to call for an armed revolt. He used
the Citizens Army to protect the paper.
The Irish Volunteers were holding recruiting
meetings throughout Ireland and training
enthusiastically. They awaited the signal to act
as the rising had been set for Easter Saturday,
22nd of April, 1916.
Setbacks to the plan included the capture of
Casement and the weapons, the capture of Austin
Stack, commandant of the Kerry Brigade and the
discovery of the plans for an uprising following
a raid on German officials in New York.
The Supreme Council decided unanimously decided
to proceed with the uprising despite the fact
that they knew it had little chance of success. It
was decided to strike on Easter Monday. In spite
of the order from McNeill not to revolt, over
2,000 soldiers made a strike for freedom.
2. THE INSURRECTION
On Easter Monday, 24th April, 1916 the GPO was
occupied by the revolutionary forces. Pearse read
the Proclamation of the Republic to a bemused
gathering.

The Volunteers seized and fortified six positions

in Dublin city: the GPO, the Four Courts, Boland's
Mill, St. Stephen's Green, Jacobs Factory and the
South Dublin Union. Attempts to seize Dublin Castle
and Trinity College failed. This latter failure
severely restricted the Volunteers mans of
communicating with each other.
The failure of the country to rise made it
impossible to prevent the arrival of English
reinforcements. By Wednesday the revolutionaries
were outnumbered by 20 to 1. The English secured a
cordon about the city and closed in. They
concentrated their attack on the GPO whilst none
of the other strongholds came under the same sort
of concentrated bombardment.
A gun-ship, the Helga, arrived in Dublin and
field-guns were mounted on Trinity College. The
effect of the continuous shelling of O'Connell
Street virtually destroyed it and the surrounding
areas. By Friday the GPO was engulfed in flames and
Pearse gave the order to surrender. 450 people were
dead, many of whom were civilians, with over 2500
wounded. The city was in ruins with the damage
estimated at a massive 2 Million pounds.
Over 3,500 people were subsequently arrested
country-wide (including DeValera and Collins),
although 1,500 were freed after questioning.
1,841 of these were interned without trial in
England, and 171 were tried by secret court
martial resulting in 170 convictions. 90 were
sentenced to death but 75 of these sentences were
commuted to life imprisonment. The seven

signatories of the proclamation of independence

(Pearse, Connolly, Clarke, MacDonagh, MacDermott,
Plunkett, and Ceannt) were all executed to the
outrage of the Irish public who had now begun to
revise their opinion of the insurgents to that of
a heroic nature.
3. EFFECTS OF THE REBELLION
The rising was critical in terms of the overall
fight for an Irish Republic.
For the first time the masses of the country
wanted an end to English rule. Nationalism swept
the country especially as the details of the secret
executions became known.
National attention was brought to the Irish cause
and to the oppressive ways in which the English
ruled the country.
These realisations were in all probability the
main aim of the insurgents. The War of Independence
which followed in 1919, the subsequent Civil
War and the formation of the Irish Free State and
the declaration by Costello of an Irish Republic
can all be traced back to the events of Easter
week, 1916.

Michael Green,
Editor,

IRELANDSBIGGESTPOLITICIANS,
BANKERS,ANDBILLIONAIRES
FROMNONEUANDEUROPEIN
IRELAND,TAXDODGERSAND
CRIMINALSWHOCOMMITED
HIGHFELONYTREASON,

CORRUPTION,LIESAND
CONSPIRACYTOTHEIRISH
STATEANDONTHEIRISHPEOPLE
I accuse Mr B. Ahern AND his Government with
COMPLICITY in the following......
Mr Charles J Haughey , and
his bankers..... GUINNESS & MAHON LTD
1969
.00 Mr Desmond Traynor , formerly an
articled accountant to Mr Charles Haughey in the firm of
HAUGHEY BOLAND
accountants , Dublin becomes a
director of GUINNESS & MAHON LTD , bankers.
GLN.p141
1976
.00 ( Mr Desmond Traynor ,
became )....deputy-chairman ( of GUINNESS & MAHON
LTD ) in 1976. On reaching this
position he was able to create the
ANSBACHER DEPOSITS , through which he operated bogus
' offshore ' accounts for
members of the Golden Circle ,
including Haughey.
GLN.p141

1979
.00 In Haughey's principal resident
account ( in GUINNESS & MAHON LTD )a total of
1,245,530.91 was deposited between
Feburary 1979 and May 1987 ,
when the account was closed.
SF.p.313
1981

.00 In 1981 74,996.83 was credited

to a loan account in Haughey's name.
SF.p.313
1981
August
.05 On the 5th. of August 1981 , Mr.
Raymond Michael Curran , of :
17 Ard Na Mara Crescent ,
Malahide ,
Co. Dublin ,
Tel : 01 845 1257
was appointed Secretary of
Strongbow Trust Limited [ C.R.O. Comp no. 065808 ] , his
first appointment within the
Jefferson Smurfit Group plc.
1981
November
.00 There was also a further loan
account taken out in the joint names of Haughey and his
former business partner Harry Boland.
This account which was opened in
November 1981 , had a total of 229,756.82 deposited
in it before it was closed ,
in September 1984.
{ Harry Boland denied any
knowledge of this account }
SF.p.313
1982
January
.29 A 50,000 draft made payable to '
H. Boland ' had been drawn on the account on 29 January
1982.
1982
March
.09 On Tuesday , 9th March 1982 . Mr
Charles J Haughey , leader of Fianna Fail was elected Prime
Minister of Eire
( Southern Ireland or the '
Republic ' ) by 86 votes to 79.

1982
April
.00 Margaret Murphy's structurallysound cottage , at 373 Clontarf Road , Dublin 3 was
demolished by the DUBLIN CORPORATION - when Mr Raphael Burke
was Minister for the Environment under Prime Minister Mr
Charles J Haughey.
( Margaret Murphy died in
December 1976 - HER WILL has NEVER BEEN taken to
Probate ! )
Mr Joseph Burke of 134 Pinebrook
Road , Artane , Dublin 5 was a director/shareholder in :
G.
SAUNDERS & COMPANY LIMITED
Mr Alan Costello , exdetective/used-car dealer was also a director................
Mr Howard Kilroy - later to be
made Governor of the BANK OF IRELAND LTD - was a
director of STRONGBOW
TRUST LTD (later renamed
SMURFIT FINANCE LTD , and owner of THREE Charges ,
AFTER the Feburary 1990
Debenture mentioned later , over
G. SAUNDERS & COMPANY LIMITED...)
{ Around this time Mr Don
Maguire - the eldest son of Mr William Maguire( owner of
372 Clontarf Road , Dublin 3 )
- suddenly becomes very
popular with the local Fianna Fail party activists , and is
invited to many functions ;
in particular , by a local
solicitor ; Mr Thomas Loomes of Dollymount Avenue where the late Mr Oscar Traynor ,
a former Minister for Justice
under the late Prime Minister , Mr Sean Lemass, used to
live.
Mr Lemass , being Mr Charles
Haughey's father-in-law and also being responsible for Mr
Haughey's first
appointment - as

Parliamentary Secretary to Minister for Justice , Oscar

Traynor , in May , 1961.
Mr Charles Haughey - rather '
generously ' - even invited Mr Maguire's son to a party
celebrating his great
victory in the recent
election ! }
1982
December
.14 On Tuesday , 14th December 1982
, Mr Garrett FitzGerald is elected Prime Minister as head of
a Fine Gael / Labour
coalition government , after
several votes of no con fidence in Mr Charles J Haughey ,
and his government !
1982
April
.00 Mr. Ray Burke , of ' Briargate ' ,
Malahide Road, Swords , was Minister for the Environment
from 1980 - 1982 when Dublin
Corporation demolished( and
Photo 2)no:
373 Clontarf Road ,
Dublin 3.,
Eire ,
in 1982 without ANY NOTICE or WARNING of their
INTENTIONS to the neighbouring owner , Mr William
Maguire , of 372 Clontarf Road !!!
As a consequence of this PREEMPTIVE action on the part of the Dublin Corporation the
gable wall of 372 Clontarf Road ,
which had been adjacent to the
cottage on 373 Clontarf Road and demolished on the
orders of Mr. John Murphy of the
Dublin Corporation , became
exposed to the elements and led to rising dampness in no
372 Clontarf Road.
In addition , the natural
buttressing of no. 372 was weakened since the common
party gable wall shared 373 clontarf Road

was partly demolished by the

DUBLIN CORPORATION .
1982
December
.14 On Tuesday , 14th December 1982
, Mr Garrett FitzGerald is elected Prime Minister as head of
a Fine Gael / Labour
coalition government , after
several votes of "no con fidence " in Mr Charles J
Haughey , and his government !
1983
May
.00 A second resident current account
opened in May 1983 was closed the folowing January after
a total of 211,344.50 had been
' lodged ...' in it.
SF.p.313
In May , 1983 , P.V. Doyle ,
hotelier , authorised the transfer of 40,000 to Haughey
from one of his accounts.
The following month he authorised
a further 50,000.
Doyle actually took out a loan for
Haughey at GUINNESS & MAHON bank in 1983 , and ,
another one in 1985...
In effect he was guaranteeing
loans which amounted to 170,000 in total.
1984
January
.24 By a Special Resolution of the
Company and with the approval of the Minister for
Industry , Trade , Commerce and
Tourism , Strongbow Trust Limited
changed its name to Smurfit Finance Limited on the 24
th.of January 1984.
1984
September

.00 In September 1984 , when the

account in the joint names of Haughey and Boland was

closed down Haughey obtained a
90,000 loan from the Agricultural
Credit Corporation for the purposes of purchasing brood
mares and cattle.
When the time came for him to
repay the loan the following August , Haughey called John
Hickey , the chief executive of the
ACC.
SF.p.314
It is not possible to determine the
total amount of money deposited in the various accounts
because there were instances in
which money was moved from one
account to another , which led to duplication.
It is even more difficult to
determine WHO PROVIDED THE MONEY for the
lodgements...
GUINNESS & MAHON bank should
have had microfiche records of its transactions , but these
mysteriously...
disappeared..
Records at the BANK OF IRELAND from where much of the money was transferred , through
the account of AMIENS
SECURITIES LTD - were kept for the
statutory period ,... and were then destroyed...
1985
April
.03 The credit committee of GUINNESS
& MAHON also authorised a personal , unsecured credit
facility of 200,000 for Haughey
on 3rd April 1985 , but ,
unsurprisingly , the Fianna Fail leader exceeded even
that ...
SF.p.315
1985
July
Bull Island.

.12 Mr Don Maguire is drowned off the

{ Later , Mr Charles J Haughey ,

from the purest of motives , no doubt ..., sent a touching
letter of condolences , to Mr
William Maguire ...!!! }
1986
.00 In 1986 Des Traynor had left as
Managing Director of GUINNESS & MAHON BANK LTD to
take up the position
of Chairman of Cement Roadstone
Holdings....Traynor moved Haughey's account to a
subsidiary ...:
ANSBACHER CAYMAN
SF.p.324
186,630 was given to Traynor by
Noel fox { auditor to DUNNES STORES }, while the other ,
for 205,000 was made
payable to John Furze , a director
of the ANSBACHER CAYMAN BANK.
The following July Dunne was
again approached through Fox , and he provided a cheque
for 471,000 and another
150,000 in April 1989.
Thus in two years Haughey
received over 3.11 million from Dunne...
Jim Mitchell T.D. , the Chairman
of the Dail ( Parliament ) public accounts committee ,
subsequently contended that the
ANSBACHER CAYMAN accounts
were used to launder money.....
SF.p.325
1987
January
.20 On 20 th January 1987 , when
Garret Fitzgerald resigned and called a general election ,
Haughey owed GUINNESS &
MAHON 280,000.
As the general-election campaign

got under way , six cheques from Dunnes Stores , totalling

32,000 , were lodged at
GUINNESS & MAHON for
Haughey's benefit.
1987
March
.10 On Tuesday , the 10th of March
1987 , Mr Charles J Haughey is (s)elected Prime Minister of
Eire.
Haughey appointed .......the other
mini sters who were :
Ray McSharry , Finance and Public
Service ; director / shareholder in Jefferson Smurfit Group
PLC...
Michael Woods , Social Welfare ;
Albert Reynolds , Industry and
Commerce ; director of Jefferson Smurfit Group PLC...
Ray Burke , Energy ; responsible
for the demolition of 373 Clontarf Road , resigned 7th
October 1997 (4$'s) over corruption...
Padraig Flynn , Environment ;
responsible for the Derelict Sites Act , 1990 , resigned
from the EC in 1999 over corruption...
Mr B Ahern , Labour ; accused , in
May 1999 , of receiving corrupt payments(50,000) , at
the FLOOD TRIBUNAL of enquiry...
Rory O'Hanlon , Health ;
... and John ( Loyola ) Murray ,
Attorney-General , used by Mr B Ahern to replace Supreme
Court Judge Hugh
O'Flaherty , who resigned over
corruption : involving a case in which a pregnant woman
was killed by a drunken
Planning Official from Dublin
Corporation - the honourable O'Flaherty released the
Dublin Corporation official early...
SF.p.321
(4$'s).......the day AFTER the socalled " COLLAPSE " ... of 372A Clontarf Road , Dublin 3 ,
on Monday ,

the 6th. of October 1997...

June
.14 On the 14th of June 1989 ,
businessman Mr Michael Smurfit of the JEFFERSON
SMURFIT GROUP , the ultimate
holding company of SMURFIT
FINANCE LTD - the owners of the last three Charges of the
Dublin Corporation's
favoured developers ...G.
SAUNDERS & COMPANY LIMITED - after being solicited by
Mr Charles Haughey , leader
of the Fianna Fail opposition
party , for money(for the party...) ; authorised the transfer
of the sterling equivalent of
IR60,000 from the JOHN
JEFFERSON SMURFIT MONEGASQUE FOUNDATION to to a
sterling account
at HENRY ANSBACHER and Co.,...
in LONDON...
..."...the same account through
which very substantial sums of money appear to have
been paid by Ben Dunne and
Dermot Desmond for the
benefit of Charles Haughey.
The businessman said with
the passage of time it was difficult to recall what occured
in regard to the donation
made by by the JOHN
JEFFERSON SMURFIT MONEGASQUE FOUNDATION to
Fianna Fail in 1989.
Mr Smurfit said he had not yet
had an opportunity to inspect the files of the foundation
and would make them
available to the tribunal as
soon as he had them.
He believed the donation was
solicited by Charles Haughey who requested him to deal
with Des Traynor with
regard to the payment details.
..."...
[ " Haughey ' solicited ' a 60,000

donation from me , Smurfit says ", Irish Independent ,

Wednesday June 28th,
2000 , page 11 ; Moriarty Tribunal ]
..."... In the course of his evidence
, a relaxed-looking Dr Smurfit explained how Charlie
contacted him looking for
a donation for the party and
asked him to deal with Des Traynor , and further explained
how documentation
from Monaco had been
delayed because of the French air traffic con trollers' strike
on Monday.
The witness was thanked
and asked to stand down.
..."...
[ " Was there a doctor in the
house? Well, not for more than a few minutes ", Miriam
Lord ,Irish Independent , Wednesday
June 28th ,2000 , page 11;Moriarty Tribunal ]
..."...A Former Fianna Fail
fundraiser said yesterday that he did not instruct property
developer Mark Kavanagh about
any arrangements to hand
over 100,000 to Charles Haughey .
...Mr (Paul) Kavanagh insisted
he did not have involvement with Des Traynor in relation
to party fundraising
and he never received
contributions through Mr Traynor from businessman
Michael Smurfit.
..."...

1989
June
.15 On the 15th of June 1989 , polling
day in the 1989 General Elections in Eire , Mr Charles
Haughey received money from
Mr Mark Kavanagh , property

developer , at Haughey's home in Kinsealey , North Dublin

, via Mr Kavanagh's company
CUSTOM HOUSE DOCKS
DEVELOPMENT COMPANY LTD .
Mr Kavanagh paid a
total of 100,000 to
Mr Haughey's Fianna Fail party in
June 1989 , of which 75,000 ..."...ended up in accounts
used for the benefit of ..."
Mr Charles Haughey.
Mr
Kavanagh made out one cheque to Fianna Fail for
25,000 ..."...but in addition three seperate
bank drafts payable to the bearer,
in effect cash." ( 75,000).
Mr Sean Fleming , Fianna Fail
member of parliament and Finance Director of Fianna Fail
was asked by Mr Haughey to
record the 25,000 cheque from
Mr Kavanagh , made out to Fianna Fail
as ..."...anonymous...." in the party's books.
..."...A number of donations were
recorded as " anonymous " , including another 50,000
which Mr Haughey told him
had come from leading
businessman , Michael Smurfit.
..."...
[ Brian Dowling , Irish Independent
, Wednesday June 28th , 2000 , page 1 ; Moriarty Tribunal ]
1989
July
.12 On Wednesday , the 12th July
1989 , Mr Charles Haughey is re-elected Prime Minister of
Eire.
Haughey re-appointed half the
outgoing cabinet to the same positions :
( Albert ) Reynolds at Finance ,
( B ) Ahern at Labour ,
(Padraig) Flynn at Environment ,
( Rory ) O' Hanlon at Health ,
( Michael ) Woods at Social
Welfare ... ..;

John ( Loyola ) Murray was reappointed Attorney-General

Justice by Ray Burke....( very bad
Oirish joke....)
SF.p.363
A British-based property developer
stated publicly that he had given 50,000 to Padraig Flynn
for Fianna Fail in 1989.
These issues which are still being
debated by one tribunal or another , STILL...remain to be
explained (FLOOD)
SF.p.450

1990
.00 Irish Life Assurance Company was
established in 1939 with the amalgamation of a number of
Irish and BRITISH Life
Assurance companies. Through
this and subsequent RESTRUCTURING the Minister for
FINANCE acquired a 90%
stake( through the heart ...!!!??? )
in the company.
In 1990 the company was
RESTRUCTURED with the creation of Irish Life plc as the
Holding Company...
Mr B Ahern was Minister for
Finance at the time.
1990
Feburary
.05 On the 5th. of Feburary 1990 ,
while Mr Charles Haughey was Prime Minister of Eire , and
Mr B Ahern was his chosen
Minister for Finance , a Debenture
Charge was created by...
...G. Saunders & Company
Limited on premises described in an Indenture of Lease
dated 15th. of December 1989:
The said Debenture Charge ,
dated Monday ,the 5th. of Feburary 1990 , was registered
on Thursday , the 8th. of

Feburary 1990 - in the Companies

Registration Office , Dublin - against G. SAUNDERS & COMPANY
[ Company Reg. no.034654 ] by :
Richard J. Black , solicitor , of
Richard J. Black & Co. , solicitors ,
Kinnear Court ,
16 /20 Cumberland Street , South ,
Dublin 2

(1)
Date and
description of the instrument creating or evidencing the
charge
..." The Debenture provides that
the Company shall not be at liberty to create any
Mortgage of Charge in priority to or pari
passu herewith.
The Debenture further provides
that the Company shall not without the PRIOR WRITTEN
CONSENT OF THE BANK
create a SECOND or
SUBSEQUENT MORTGAGE of Charge of any freehold or
leasehold property charged by the
Debenture or sell , assign or
otherwise dispose of any book debts or other receivables
in favour of any other person.
"...
(2)
Amount secured by the charge
..." All sums now due or hereafter
to become due from the Company to the Bank in any
manner whatsoever. "...

(3)
Names . addresses
and occupations of the persons entitled to the charge.
GUINNESS & MAHON LTD of :
17 College Green ,
Dublin 2 ,
Bankers...
(4)
Short
particulars of the property charged
..." The Company's undertaking
and ALL its PROPERTY and ASSETS whatsoever and
wheresoever both present and
future including its uncalled
capital for the time being and goodwill incorporating a
specific charge on the premises set
out below as well as all
present and future proceeds of insurance receivable by
the Company goodwill , uncalled
capital and all estate or
interest legal or equitable in all other freehold and
leasehold property , all profits a prendre
casements , rights of way ,
rights under covenants , agreements , undertakings and
indemnities and rights to
compensation , statutory or
otherwise , attaching thereto which shall at any time in
the future during the continuance of the security
created by the Debenture become vested in the Company.
"...
The following premises were
specifically referred to : ALL THAT AND THOSE the
premises described in an Indenture of Lease dated the
15th day of December 1989 and
made between the Right

Honourable The Lord Mayor Aldermen and Burgesses of

Dublin of the One Part and the
Company of the Other Part and
therein described as :
..." ALL THAT AND THOSE part of
the estate of the Corporation being plot of ground situate
at Coolock Industrial Estate in the County of Dublin as
more particularly delineated on the Map annexed hereto
and thereon coloured pink
and surrounded by a red verge
line.
"...
The signature of the applicant for
registration Mr Richard J Black , solicitor for GUINNESS &
MAHON bank ,
was not verified
Richard J. Black & Co., solicitors ,
Kinnear Court ,
16/20 Cumberland Street South ,
Dublin 2. ,
for All sums now due.. to :
Guinness & Mahon Limited ,
17 College Green ,
Dublin 2.
Eire
[ C.R.O. Company no. 034654 ,
Doc. Seq. no. 280364 ].
Mr. Black now practises at
' Ashford House ' ,
Tara Street ,
Dublin 2. ,
Tel : 671 4677 ,
Fax : 671 8175 ,
&
Clonsilla Road ,
Clonsilla ,
Dublin 15. ,

Tel : 820 6777 ,

Fax : 820 7071 ,
This was around the same time
that John Flynn obtained planning permission for 4 houses
on a site to the rear of
370-371 Clontarf Road, ( i.e.the
site ..."o the rear of 370F Clontarf Road)
This is now the site of the
apartment block A1 of [ Plan Ref. No 1306/96.]
1990
June
.27 Mr. Padraig Flynn was the Minister
for the Environment when the Derelict Sites Act , 27th.
June 1990(no. 14 of 1990)
was passed by the Fianna Fail /
Progressive Democrat coalition , under the Prime Minister
of Eire , Mr Charles Haughey !.
1990
July
.25 On the 25th. of July 1990, Mr
Padraic Flynn , Minister for the Environment under Mr
Charles Haughey , signed the Derelict
Sites Regulations . [ S.I.(Statutory
Instrument ) 192 of 1990 ]
{ Mr. Flynn later resigned from
the European Commission amidst allegations of corruption
!! }
1991
June
.10 Mr William Maguire , the owner of
372 Clontarf Road , Dublin 3 ( since 14th November 1954
) dies.
1991
July
.00 Irish Life PLC , the RESTRUCTURED
holding company created in 1990 , while Mr B. Ahern was
Minister for Finance
under Mr Charles J. Haughey was
publically listed on the Irish and London Stock Exchanges.
On listing the Minister for FINANCE
, Mr B Ahern DISPOSED of 57% of the company's stock
with the balance of the

holding being disposed of by

1995.
The Minister for Finance retained a
Special Share to which certain rights attached BUT this
was CANCELLED in
December 1998. ( 1 )
1................
http://www.irishlifepermanent.ie
1991
December
.04 On the 4th. of December 1991,
the new Minister of the Environment Mr. Rory 0' Hanlon,
signed the Building Control
Regulations (S.I.305 of 1991 ),
which , under Part 1 , Section 4(a) exclude Dublin
Corporation ( or their agents... ) from
compliance with the( said)
regulations....(sic !)
1991
September
.00 Greecore PLC scandal ' came to
light at the beginning of September 1991 ...'...
SF.p.399
1991
December
.04 On the 4th of December 1991 , Mr.
Rory O'Hanlon (Fianna Fail member of Parliament in the
Fianna Fail/Progressive
Democrat Government "led" by
Mr. Charles Haughey) ,the ' new ' Minister for the
Environment , signed the...
BUILDING CONTROL REGULATIONS
[ S.I. 305 of 1991 ] , which , under Part 1, Section 4(a) ,
effectively..............................
EXCLUDES DUBLIN CORPORATION (OR THEIR AGENT/S...)
FROM
COMPLIANCE WITH THEIR OWN REGULATIONS...(sic!)
1992

January
.00 Sean Doherty would suggest that
OTHER MEMBERS of the CABINET had KNOWN ABOUT the
ILLEGAL
TAPPING of Geraldine Kennedy's
and Bruce Arnold's telephone in 1982 ...by Mr Charles
Haughey
SF.p.425

1992
January
.24 On the 24th. of January 1992 Mr.
Raymond Michael Curran was appointed a Director of
Smurfit International B.V. , the
Principal International Holding
Company of the Group [incorporated in the Netherlands ;
comp no. 149.443 ].
In the Annual Report for the year
ended 31st. of January 1991 the address of Smurfit
International B.V. is given as :
Rokin 92/96 ,
1012KZ ,
Amsterdam ,
Netherlands ( 100% Holding ).
In the most recent annual report
for the Jefferson Group ( 1996 ) the address is given as :
Stibbetoren ,
Strawinskylaan 200/
1077 ZZ ,
Amsterdam ,
Netherlands
1992
Feburary
.05 On the 5th. of Feburary 1992, Mr.
Raymond Michael Curran resigned from Smurfit Finance
Limited.
1992
Feburary
.11 On Tuesday , 11th Feburary 1992 ,
Mr Albert Reynolds , is elected Prime Minister of Eire ;
after Mr Charles J Haughey
resigns over bugging his fellow
minister's phones , and also the journalists ,Mr Bruce
Arnold and Ms Geraldine Kennedy...

amongst others...
1992
April
.27 On the 27th of April 1992 , Mr
Felim Meade , solicitor , of :
Flat 5/7 ,
York Road ,
Dun Laoghaire ,
Co. Dublin
Mr Meade , senior partner in the
firm of solicitors representing ELF Exploration ( Ireland )
Ltd :
O'Connell Rooney & Co. , solicitors ,
34 Kildare Street ,
Dublin 2
{ One of the long-dead former neighbours being Bram
Stoker ,
author of ' Dracula ' ...
and also the ONLY Irish director of
ELF Exploration ( Ireland ) Ltd , whose Annual Return
[ Comp. no. 45369
Doc. Seq. no 23 ] , made up to
the 12th of January 1996 gives a registered office at :
' Gardner House ' ,
Wilton Place ,
Dublin 2
( the offices of its auditor , Craig Gardner & Co. Ltd )
1992
September
.10 On the 10th. of September 1992 ,
the new Minister of the Environment , Mr. Michael Smith ,
under Mr Charles
Haughey's suc cessor and new
Prime Minister( in the Fianna Fail/Progressive Democrat
coalition Government of Eire ),
Mr. Al Bert Reynolds (1sheet) ,
gave his "con sent "... to
the compulsorily acquisition of no.
373 Clontarf Road by Dublin Corporation ( to Vest on the
21st. October 1992 ) in
a Vesting Order dated 10th

September1992 under the Derelict Sites Act 1990...

" SITUATE ON THE WEST SIDE OF
CLONTARF ROAD IN THE PARISH AND DISTRICT OF
CLONTARF "
BY INSTRUMENT 92DN22207
1sheet..................................Mr Al
Bert Reynolds , dog-food manufacturer , is later ' made ' a
director of Jefferson Smurfit
Group
PLC
BY INSTRUMENT 92DN22207 ( the
Vesting Instrument Number ) under powers con ferred
on him by Mr Charles Haughey's
DERELICT SITES ACT , 1990
{formerly 373 Clontarf Road , ;..a
SINGLE-STOREY COTTAGE owned by Ms. Margaret
Murphy ,
Dublin 3
and demolished by DUBLIN CORPORATION in 1982 - when
Mr.
Raphael Burke(Fianna Fail member of Parliament in the
Fianna Fail Government"led" by Mr. Charles Haughey)was
the
...Minister for the Environment.. }
AND
ALSO ............................................
{ STEALING FROM THE DEAD.......in this
case , Ms Margaret Murphy , her heirs and asssigns;
take on a NEW FORM ,henceforth
,from this LEGAL
PRECEDENT........................................
}
1992

September
.10 On the same day ( 10th of
September 1992 ) , a Mr. Lonan Hickey , a carpet-seller
of :
11 Church Avenue ,
Drumcondra ,
Dublin 9
( 7 doors up from John Traynor and
7 doors down from Julia AHERN )
signed a Lease on the ground-floor
shop at 372 Clontarf Road , Dublin 3...for 2 years 6
months...
Mr. John O'Connor , solicitor , of :
168 Pembroke Road ,
Ballsbridge ,
Dublin 4
acted for the (then) owner Mrs. N.
Maguire.
He, Mr Lonan Hickey , left
hurriedly some 6 months later , without giving any notice
and in arrears with the rent ,
breaching the Terms of his Lease later claiming his accountant-backers had withdrawn
their ' support ' for his ...
' carpet-selling... business...
venture......'.in the ground-floor shop at 372 Clontarf
Road ...
John O' Connor took no action over
this matter...
1993
March
.11 On the 11th. of March 1993 , no.
373 Clontarf Road formerly the home of the late
Margaret Murphy(++) and target of the
said Vesting Order of the 10th. of
September 1992 - was registered in the Land Registry
at :

 Setanta House ,
Nassau Street ,
Dublin 2
given the VESTING...............
INSTRUMENT NUMBER : 92DN22297 , and then
given the REGISTRATION...
INSTRUMENT NUMBER : 93DN022297 .
A rather strange reference to
certain DEALSPENDING was included in the LAND
REGISTRATION
CERTIFICATE of Margaret Murphys
recently VESTED land in the LAND REGISTRY :
{ DEALS PENDING : 97DN19506
{see REG MAP PLAN : 5 ; DIVISION : 19 ; BOOK NO : 11 }
++............373 Clontarf
Road , ;..a SINGLE-STOREY COTTAGE owned by Ms.
Margaret Murphy , Dublin 3
- whose father , James
Murphy , a builder of Rutland Place , VERNON Avenue had
sub-let it from
George Gresham in
1868 - and (which was)demolished by the DUBLIN
CORPORATION in 1982
( when Mr. Raphael
Burke(Fianna Fail member of Parliament in the Fianna Fail
Government ' led ' by
Mr. Charles Haughey)
was the ...Minister for the Environment..
Miss Mary Harney , now vicetaoiseach , or deputy prime-minister under Mr B. Ahern
was a JUNIOR Minister in the
Department of the Environment at
this time...
1993
May
.18 On the 18th. of May , 1993 a Mr.
Alan Costello , ex-detective / used-car dealer then of :

56 ' Hampton Court ...',

Clontarf ,
Dublin 3.
signed a guarantee for his
daughters tenancy of no. 372 Clontarf Road - con
veniently left vacant ...by the( elusive )
Mr.Lonan Hickeys ' sudden '
...departure several weeks earlier ..
Mr. Alan Costello - EVEN BEFORE
he had obtained the Lease on the shop at 372 Clontarf
Road , for his daughter's ...
hairdressing business..... - had
made enquiries about the site at 373 Clontarf Road
( VESTED in the DUBLIN
CORPORATION since the 21st. of
October 1992 ) and then asked whether the shop at 372
Clontarf Road was
up for sale !!!!!!!
When told that it was not for sale ,
he then demanded to inspect the outside w.c. of no. 372
and later installed an indoor
w.c. in the shop with a drainage
connection ( overland ) via 373 Clontarf Road (the
structurally-sound , single-storey
cottage - and its OUTSIDE W.C.- on
the site ,owned by the late Margaret Murphy , having
been demolished .....
................by the Dublin
Corporation in 1982.......... ).
1993
June
.30 On the 30th. of June 1993, the
new Minister for the Environment Mr. Michael Smith signed
the Local Government
Act...,1991( REMOVAL of control)
Regulations , 1993 [ S..I. 172 of 1993 ], removing the
requirement whereby Dublin
Corporation must be given
Ministerial "con sent for the acquisition and disposal of
land under the Derelict Sites
Act ...of 1990.

1993
July
.15 On the 15th. of July 1993 aCharge
was created by G. Saunders & Company Limited [C.R.O.
Comp. no.
Doc Seq.
] on two separate
sites BOTH the PROPERTY OF the DUBLIN CORPORATION
- one being...
" ................the plot of ground situate at Coolock Industrial
Estate...
attached to Lease dated the 15th . of
December 1989
and made between Dublin Corporation AND
G. Saunders
& Company
Limited ...................................................................... " ,
AND , the OTHER SITE being ...
"....................the two-storey warehouse and office
buildings known as...
46-49 inclusive North Clarence Street and
19-28 inclusive
Dunne Street in the City of
Dublin.....attached to Lease dated
15th. December 1990 and made
between the Dublin Corporation
AND G. Saunders & Company
Limited .........................................."
[ Background TEXT and AUDIO to Charge... ]
1993
July
.16 The Charge of the previous day ,
THURSDAY , the 15th of July 1993 , was presented at the
C.R.O. by
Eugene F. Collins , Solicitors for
Smurfit Finance Limited , of :
Eugene F. Collins , solicitors ,
61 Fitzwilliam Square ,
Dublin 2 ,
Tel : 678 5766
The said Charge was for
250,000.00 ( fixed and floating Charge) due to :

Smurfit Finance Limited ,

94 , St. Stephens Green ,
Dublin 2
The signature of the applicant for
registration was Mr. Gerard Delaney , the Company
Secretary of Smurfit Finance
Limited and the document was
dated the 16th. of July 1993 ..
The said Charge was registered in
the C.R.O. on the 16th. of July 1993.
1993
July
.16 The same Eugene F. Collins ,
solicitors , presented a corresponding Charge ( floating )
on Courthampton Warehousing
Ltd [ C.R.O. Company no. 128837
Doc Seq. no. 09 ] created on the 15th. Of July 1993 for
250,000 , and
secured on.....
... all the
Companys assets ...both present and future... .
This Charge , due to Smurfit
Finance Ltd , was also signed on behalf of Smurfit Finance
Limited by the Company
Secretary , Mr. Gerard Delaney ,
and it was ALSO REGISTERED on the same day,...that is
Friday , the 16th. of July 1993 ....
{ Smith Foy & Partners , solicitors
, are at :
59 Fitzwillam Square ,
Dublin 2 ,
Tel : 01 676 0531
and were responsible for
incorporating G. Saunders & Company Limited on the
30th. of June 1971.
[ C.R.O. Company no. 034654
Doc. Seq. no. 280369 ].

1993
November
.29 Mr. Brian O'Meara takes a 6 month
Lease on the first-floor flat at 372 Clontarf Road , Dublin 3.
{ According to Thoms Street
Directory for Dublin 1997 , Mr. Brian O'MEARA is the
owner/occupier of :
372A Clontarf Road , Dublin
3.............
In the same Directory ( 1997 ) ,
he , (BUT with a DIFFERENT SPELLING , that is : Brian
O'MARA ) is
listed as joint resident of :
15 CHURCH STREET ,
HOWTH ,
Co. Dublin ,
along with , Mr. Bernard
McKenna , of the Dubliners folk group and HELEN
AHERN............
1994
June
.12 TWO Planning Applications are
submitted to Dublin Corporation regarding :
(1) The
site
" to the rear of 370-371 Clontarf
Road , Dublin 3 ..."
AND
" the 373Clontarf Road , Dublin 3
site...

"

1994
.00 The IRISH PERMANENT BUILDING

SOCIETY was originally established as a mutual building

society in 1884.
In 1994 it converted from Building
Society status to a Public Limited Company and was
licensed by the Central Bank
of Ireland to carry on banking
business.
IRISH PERMANENT PLC also
obtained a listing for its SHARES on the Dublin and London
Stock Exchange.
Mr B Ahern was Minister for
Finance under Prime Minster , Mr Al Bert Reynolds.
1994
August
.31 On the 31st. of August 1994 ,
Irish Permanent plc bought :
Guinness & Mahon Limited , formerly of
17 College Green ,
Dublin 2., for
6,900,000.00.
The new address of GUINNESS
&MAHON(IRELAND)LTD , is :
4
Earlsfort Terrace ,
Dublin 2

Tel

: 709 5200 ,

Fax

: 707 5242 ,

Email :
Web

: http://www.gmbank.ie ,

Telex : 93667 Mars

This included a goodwill
payment of 1,400,000.00 - although the company had
posted a loss of 192,000.00 for the

year to 31st.December 1994 and a

loss of 106,000.00 for the year to 31st. of December
1993 ............................!!!!!!
On the SAME day the Company
name was changed to GUINNESS & MAHON(IRELAND) LTD.
KPMG Stokes Kennedy Crowley ,
accountants , are the auditors of GUINNESS & MAHON
BANK LTD
{ In the Times (newspaper) index
for 1994 there is NO ENTRY for this acquisition of
GUINNESS & MAHON bank }
1994
October
.00 The ORDINARY shares of Irish
Permanent plc were listed on the Irish and the London
Stock Exchanges.
{ Guinness &
Mahon(Ireland)Limited , now a subsidiary of Irish
Permanent PLC hold a DEBENTURE CHARGE over
all the capital and assetts of
G. SAUNDERS & COMPANY LIMITED(the DUBLIN
CORPORATION's favoured
developers of 373 Clontarf
Road ) since the 5th of Feburary 1990..... }
Irish Permanent IOM is an offshore
deposit taker in the Isle of Man.
1994
November
.00 In November of 1994 , Derek
McDowell ( # 1) had circulated a notice to the residents
of Dollymount Park to the effect
that a certain developer ....,...one
Mr John Flynn had sought to renew a Planning Permission
for 4 houses on a site ...
" ...to the rear of 370-371 Clontarf Road ..."...( the said

Planning Permission having lapsed...!!!)

#1.Derek McDowell is a
Labour Party member of Eires Parliament known as Dail
Eireann - and located in .............
Leinster House ; ...the former '
townhouse ' of the financially-bankrupt(several-times
over) , Duke of Leinster
1994
November
.00 On the 19th of November 1994 Mr
Albert Reynolds resigns from the Fianna Fail leadership ,
and is succeeded by his
Minister for Finance, Mr. B. Ahern.
Mr Harry Whelehan resigns as
President of the High Court.
1995
Feburary
.00 In Feburary of 1995 , Derek
McDowell had circulated ANOTHER notice to the residents
of Dollymount Park to the effect
that the developer , Mr John Flynn
who had sought to renew a planning permission for 4
houses on a site "...to the rear
of 370-371 Clontarf Road..." had
been REFUSED PLANNING PERMISSION by the Dublin
Corporation
on the grounds that :(1) Drainage Facilities were inadequate ...
AND
(2) The
proposed development contravened the open space
requirements of the Dublin City Development Plan ( $ )
( SIC ! )
for 1991.
{ $ ....This is quite ironic when
one sees for themselves the monsterous carbuncle
erected by the same Dublin
Corporation - despite

widespread opposition - over the World Hertiage Site at

Wood Quay , between
St. Patricks Cathedral and the
river Liffey ! The Dublin Corporation excavations at the
site had
uncovered the remains of an
ancient viking settlement in Dublin at Wood Quay ; and
having
desecrated the site by
proceeding with their excavations until restrained by a
temporary High Court
injunction ; they then had the
order lifted and proceeded to DESTROY the artifacts left
intact and built
their new CORPORATE HQ - a
tombstone for European and World culture and a fitting
monument to
their own arrogance , selfedification and crass vulgarity...
Mr Charles Haughey , who , for
many years , contrived to portray himself as a patron of
the arts ;
(and - rather modestly (?) something of a connoisseur to boot ! ) was Prime Minister
of Eire at the time ...,
...needless to say }
In any case Mr. Flynn appealed the
decision to An Bord Pleanala which overturned the
Corporations decision in relation
to the 4 houses( a separate
application to construct apartments on the same site was
refused.....(.$$.) )
{ Ms Annie O'Keefe was the
Dublin Corporation Planning Official who recommended
REFUSAL of Mr John Flynn's
application , but has since left the
Dublin Corporation ............................. }
At this time the Corporation were
in negotiations with Mr Killian O Higgins ; a senior Partner
in Sherry FitzGerald ,

auctioneers and estate agents of :

13 Merrion Row ,
Dublin 2 ,
Tel : 661 6198
as well as Mr Ray Hanley of
OBuachalla , Donal , estate agents , of :
86 Merrion Square ,
Dublin 2 ,
Tel : 676 2711
{ Mr. Hanley was acting on behalf
of the Robb Estate , whose Trustees (Mr.Felim H.Meade ,
solicitor , of :
64 Patrick Street ,
Dun Laoghaire ,
Co. Dublin
and Mr Meade's business ass
ociate Mr. William John McCourt , accountant , of :
21A Main Street ,
Castlerock ,
Londonderry ,
Ulster ,
Northern Ireland ,
United Kingdom( of Great Britain & Eire )
through an Indenture of Assent
dated 27th of April 1992 , in which Felim H. Meade of the
one part and the said
Felim H. Meade and William John
McCourt of the other part ...
the said Pheilim H. Meade
assented to THEIR legal interest in the property for all the
estate and interest of John Margaret
Robb and Susan Moira Shaw( the
successors in title to the Gresham Estate ) known as 373
Clontarf Road ; ...
or locally known as Margaret
Murphy 's land...
In addition , the said solicitor ,
Felim H. Meade , a former junior partner in Dowling
Kilpatrick , a firm of big solicitors of some

repute , had the audacity to claim

title( for himself and Mr McCourt ) to 372 Clontarf Road ,
Dublin 3 as well - less than a year
AFTER the death of the owner
( since the 14 th of November 1954 ) , Mr William
Maguire...................................................
The solicitor acting for the Robb
Estate is Vincent Dowling of Dowling Kilpatrick ,
solicitors , of :
34 Kildare Street ,
Dublin 2 ,
Tel : 662 1170
Fax : 662 1171
In addition the head landlords ;
the Vernon Estates legal interest in no. 373 Clontarf Road
, was represented by Mr. Walker
of Orphen Franks & Co., Solicitors
& Land Agents , of :
30 Burlington Road ,
Dublin 4 ,
Tel : 668 9622
Fax : 668 9004
{ ...a former workplace of Supreme Court Judge :
Theodore Conyngham Kingsmill-Moore , alias ' KM ' ... }
and
also J. Gill of James Adam & Sons , Estate Agents , of
:
26 St. Stephens Green ,
Dublin 2 ,
Tel : 676 0261 ,
email : adams@indigo.ie
over the terms and conditions for
sale of the site known as 373 Clontarf Road , Dublin 3,and
the compensation , IF ANY ,
to be paid to the respective
parties in proportion to their respective legal title/claim to
the said property.
It was felt that the onerous '
conditions ' being imposed by Dublin Corporation in

relation to the sale of the said property

were not conducive to obtaining
the best/fairest open market price ( i.e.one ' condition '
being ...: no development for ...
at least a year !!! )
In fact, Mr. Killian OHiggins of
Sherry Fitzgerald felt (at that time ) that Dublin
Corporation were trying to facilitate a developer ,
a certain Mr John Flynn , who had
renewed planning permission [ from An Bord Pleanala on
appeal ] , after Dublin Corporation
had refused , to renew the same
permission (on the grounds previously stated ) for 4
houses on the site between Margaret
Murphys land at 373 Clontarf
Road and Dollymount Park , whom , they ( Dublin
Corporation ) knew had an interest in acquiring
373 Clontarf Road........
The actal transfer of title by Dublin
Corporaion was conditional on the granting of planning
permission by Dubln Corporation
itself
..................... to the developer
concerned ( as it turned out......the , by now familiar : G.
Saunders & Company Limited...).
This presents a conflict of interest
if ever there was one - from the point of view of the Dublin
Corporation , however , it is a no
lose situation , since the land can
only increase in value and the ACTUAL increase to a
greater extent , is effectively determined
by them......... , in particular , the
privilaged few within the Planning Department , who are
certainly exempt from ANY LEGAL
SANCTION , being , as they are ,
ABOVE and BEYOND the law of Eire.
1995
March

.00 In March 1995 , no. 370 Clontarf

Road, Dublin 3 was sold for Circa 67,500 by Corry

McMahon , auctioneers , of :
143 Leeson Street , Upper ,
Dublin 4 ,
Tel : 668 1766
email: corry@corrymcmahon.iol.ie )
{ Purchased privately ($$), it later appeared , by :
Mr Alan Costello , ex-detective/used-car dealer , for his
daughter's.... hair-dressing act ivities... }
$$.........no Charge appeared on the company
records at the C.R.O. of G. SAUNDERS & COMPANY LTD or
COURTHAMPTON WAREHOUSING LTD regarding the
purchase of 370 Clontarf Road , Dublin 3.
1995
July
.05 In the company returns for G.
Saunders & Company Limited , presented by :
V. F. Nathan & Co., company auditors ,
Christchurch Square,
Dublin 8.,
Eire ,
Tel : 01 454 4333
made up to the 14th. of July (1993
,1994 and 1995) 1995 ;
GUINNESS & MAHON LTD,
17 College Green ,
Dublin 2.,
is listed as A CREDITOR for the
year 1992 ( 200,881.00 )
[ C.R.O. Company no.034654 ,
Doc. Seq. nos. 0030 , 0032 , 0031 ]
The shareholders of the issued
capital in G. SAUNDERS & COMPANY LTD in the last return
presented by the
FORMER company AUDITORS , V.
F. Nathan & Co ( 14th of July 1995 ) , were :

(1) Mr Joseph BURKE ,

132 Pinewood Road,

Artane,
Dublin 5
who was the registered owner of
500 (issued for cash )Ordinary Shares
(2) Mr. Donal Costello ,
9 La Vista Avenue ,
Killester ,
Dublin 5.,
who was the registered owner of
the other 500
( issued for cash ) Ordinary shares
The registered address of the
company at this time was 19/26 Dunne Street, North
Strand , Dublin 1.
The Nominal share capital was
10,000.00.
In the Company's Annual Return
for 1996 , presented by the NEW company AUDITOR ,
J.M.Butler & Co ,
( formerly of : 119 Mt. Merrion
Avenue , Blackrock , Dublin ) , of :
J.M.Butler & Co. ,
1A Carbury Place ,
Blackrock ,
Tel : 288 0437 ,
Fax : 278 2061 ,
for G. Saunders & Company
Limited , there appears to have been A TRANSFER of at
least 500 shares to Mr
Alan Costello - who has a main
USED-CAR DEALERSHIP business at :
North Strand Road ,
Dublin 1,
and NO RECORD of the other 500
shares - untill the 1997 return made up to the 6th. of
January 1997 when Mrs. K.
Costello appears to hold the other
500 shares (issued for cash).

None of these share transferals

was notified to the Companies Registration Office or
recorded...
The company had also changed
address to :
184 Richmond Road,
Fairview ,
Dublin 3. ,
Eire
around this time but the
Companies Registration Office STILL HAD the Dunne St.
address as the REGISTERED
OFFICE address.
It was not untill 1998 that the
companys change of address was notified to the
Companies's Registration Office(effective
from 1/1/1998) , even though the
planning permission granted to G. Saunders & Company
Limited , 184 Richmond Road,
Dublin 3. was dated 20/2/1997.
[ Plan Ref. nos. 1301/96 and 13O6/96 ]
There was an increase in the
Nominal share capital from 1,OOO to 1OO,OOO
WITHOUT any RESOLUTION
being passed or NOTIFIED to the
Companies Registration Office at the (same) time.

1995
November
.00 In November 1995 Mr. Alan
Costellos daughters tenancy for the ground floor shop at
no. 372 Clontarf Road expired and
was not renewed. He , Mr Alan
Costello , ex-detective / used-car dealer refused to return
the keys to the shop ( until
January 1996 ), and made
persistent and aggressive efforts to purchase the shop

which were rebuffed.

He kept the padlock to the
shutters , took the phone AND EVEN THE W.C. ..(#2). ,
which he had installed in the rear
of the shop with him.
#2................due to the excessive
usage of the said w.c. , it became blocked - and
overflowed on more than one
occasion....
1995
December
.00 In December 1995 the site to the
rear of 370-371 Clontarf Road, Dublin 3 was sold
( ostensibly) by Palmer McCormack &
Partners ( ' acting for ' developer
John Flynn ) , of :
' Canada House ' ,
St. Stephens Green ,
Dublin 2
Tel : 478 4744
just across the road from...Irish
Permanent plc - to Lorigan Auctioneers, I.A.V.I. , of , :
' Clifton House ' ,
Lr. Fitzwilliam Street ,
Dublin 2.
Tel : 661 3788
The price obtained was circa
160,000.00 - It " EXCEEDED " its reserve price...
No Charge was ever created by G.
Saunders & Company Limited on this site ( to the rear of
370-371 Clontarf Road ) ,
EVEN THOUGH it was included in
the company's later planning application for the two
apartment blocks , encompassing
within its boundaries , one of their
apartment blocks ; namely , Block A [ Plan Ref no.
1306/96 ] on the site termed
......" to the rear of 370-371
Clontarf Road ...".. in Derek McDowell's letter to the
residents of Dollymount Park in

November 1994.
1995
December
.19 On the 19th. of December 1995 ,
Mr. Raymond Michael Curran was reappointed a Director of
Smurfit Finance Limited.
1995
December
.21 On the 21st. of December 1995 ,
a Charge was created by G. Saunders & Company Limited
on :
" Elizabeth House " ,
184 Richmond Road ,
Dublin 3
The Charge THIS TIME was
presented by Whitney Moore & Keller , solicitors , of :
' Wilton Park House ' ,
Wilton Place ,
Dublin 2. ,
for ..."...all sums due..."... to :
Smurfit Finance Limited ,
94 St. Stephen's Green ,
Dublin 2
[ C.R.O. Comp no. 034654 Doc
Seq. no. 280379 ].
1996
Feburary
.26 On the 26th. of Feburary 1996, Mr.
Raymond Michael Curran , was appointed a Director of
Jefferson Smurfit Group plc ,
[ C.R.O. Comp no. 008610 ] ,
ALONG WITH ( Mr B. Ahern's predecessor - and former
Prime Minister of Eire...,..)
.
Mr. Al Bert. Reynolds ()
Dr. T. A. Reynolds retired following
the Annual General Meeting in 1996.
Mr. R. M. Curran held 48,451
ordinary shares in Jefferson Smurfit Group plc at 31st. Of
December 1996

{ In addition, during the period

1st. of January 1997 to 18th. of April 1997 , Mr. R. M.
Curran acquired a further
5,661 shares as well as 108,447
shares as trustee in Jefferson Smurfit Group plc. }
.........Directors Report for
Jefferson Smurfit Group plc for the year ended 31st. of
December 1996.
1996
Pre-May
.00 Mr B. Ahern , leader of the
opposition Fianna Fail party , raises a query about a
donation made by property developer
Mark Kavanagh to Fianna Fail , and
whether a receipt had been issued for the money.
..."...Fianna Fail told the Moriarty
Tribunal only late last week about a query raised by
Taoiseach Bertie Ahern four years
ago on a party political
donation by property developer Mark Kavanagh , the
inquiry heard yesterday.
...Mr Ahern had raised a query
about a donation by Mark Kavanagh in 1989 for which a
receipt seemed to have gone
missing.
...Counsel for the tribunal , Mr
John Coughlan SC, said it was a matter of concern that
until media inquiries were made
last week the tribunal was not
informed by anybody that a query had been raised in
1996.
Mr Coughlan said as a result
of the matter coming to the attention of the tribunal ,
within a week it was able to locate
the route of 75,000 which
was supposed to go to Fianna Fail , and to come across
another stg50,000 which was
donated anonymously by
businessman Michael Smurfit.

Mr Fleming said at some time

in 1996 Mr Ahern , who was then the party leader , made
an enquiry about a donation
made by Mark Kavanagh in
June 1989 to see if it had been made and if it had been
receipted.
...He said he did not believe
anyone else had raised the matter between 1989 and
1996 .
Mr Fleming said he did
not recollect a query being
raised by Eoin Ryan.
...Counsel asked if any queries
were raised by Mr Ahern or anybody else in Fianna Fail
about the other donations
received , where the receipts
had been sent to Mr Haughey's office rather than the
donor.
Mr Fleming said he had
no recollection of any such
queries.
...Mr Fleming said millionaire
Michael Smurfit was the source of a 50,000 donation in
July 1989 which was recorded
as anonymous in the Fianna
Fail cash receipt book .
He said it was recorded as "
anonymous per an Taoiseach "
on the direction of Mr
Haughey.
Mr Fleming said he had been
advised by Mr Haughey that the source was Mr Smurfit
and this information was
recorded on the draft
photocopy.
He said there was no accompanying
documentation and the receipt was
forewarded to the Taoiseach's
office as requested by him.
..."...
[ " Ahern queried 'lost receipt'
for developer " , Ann O'Loughlin & Fergus Black , Irish
Independent , Wednesday
June 28th , 2000 , page 10 ; Moriarty Tribunal ]
1996

May
.00 Mr B. Ahern , leader of the
opposition Fianna Fail party , and now dealing personally
with Mr Mark Kavanagh , property
developer and Fianna Fail donor ,
accepts 50,000 from Mr Kavanagh.
..."...Questioned by the Tribunal ,
Mr Kavanagh was at a loss to explain WHO instructed him
to make the money available in
THIS FASHION (bdb)and
agreed it was unprecedented.
..."...
[ Brian Dowling , Irish Independent
, Wednesday June 28th , 2000 , page 1 ; Moriarty Tribunal ]
(bdb) ...bank drafts payable to the
bearer , in effect cash...!!!
1996
June
.12 On WEDNESDAY , the 12th of June
1996 , TWO SEPERATE Planning Applications were
submitted to the
Dublin Corporations Planning
Department [ Plan Ref nos.1301/96 AND 1306/96 ] on
behalf of :
G. Saunders & Company Limited ,
184 Richmond Road ,
Dublin 3.,
{ even though in the C.R.O. the
registered address was STILL at Dunne Street , North
Strand , Dublin 1 } , concerning
the COMBINED SITES , i.e. :
the site ..." ...to the rear of 370371 ( sold in December 1995 ) Clontarf Road ..."
AND ALSO
.
....the 373 Clontarf Road
site ; title VESTED in the Dublin Corporation since 10th. of
September 1992
One of the applications , [ Plan
Ref no. 1301/96 ] , was for a 3-STOREY HOUSE on the site
of Margaret Murphy's cottage

( demolished by Dublin Corporation

on the orders of John Murphy in 1982 ) at the front of 373
Clontarf Road, and the other
application , [ Plan Ref No.
1306/96 ], was for TWO apartment blocks on the
COMBINED SITE ( consisting of the site to
rear of nos. 370-371 Clontarf Road
( sold in December 1995 ) AND the REAR portion of the
373 Clontarf Road site effectively dividing the
Corporations site into two separate sites ( but legally
inseperable.. ???) with a common drainage
system..!!!!!!!!!!!!!!!
The planning application for the
house [ Plan Ref no. 1301/96 ] stated that it was proposed
to make a connection to the
existing drainage which was
used by the previous house( i.e. Margaret Murphys
cottage ) on the site at 373.
This was despite the fact that the
previous house on the site was a cottage ( demolished
by the Corporation as stated
above ), and had NO internal
w.c.,but an external w.c.( X marks the SPOT ) and was
located OUTSIDE the area
encompassed within the
boundaries of the said Vesting Order of 10th of September
1992.
In other words there was NO
existing drainage on the site (2) as defined by the
Vesting Order of 10th. of September 1992 ;
AND SO , as a logical consequence
of this FACT , it FOLLOWS that ...
nor was there ANY DRAINAGE
WHATSOEVER on the site as DELINEATED in the plans
submitted with the Planning
Application ( Plan Ref No. 1301/96 )
for the 3-storey house.

In actual fact , the external W.C.

( #3 ) used by the last owner/tenant of no. 373 Clontarf
Road (Margaret Murphy ) , was
connected to the public drainage
system via no. 372 Clontarf Road...
Certain CRIMINAL Elements within
the UPPER ECHELONS of the DUBLIN CORPORATION must
have known this
since THEY CONTRIVED the
UNNECESSARY DEMOLITION of her cottage at 373 Clontarf
Road , in 1982 ,...
whilst Mr Charles Haughey was
the ...acting... Prime Minister of Eire..(.+ )
#3............destroyed in the
unnecessary ( and with criminal-intent ) demolition of 373
in 1982...
+ formerly known as the
FREE STATE.
{ Although some have suggested
a more appropriate title for the political/criminal entity
known as Eire (or the ' Republic of
' Ireland ) would be , without
exaggeration , the... ' freeMASON Estate '... }
1996
July
.00 Mr. Brian O'Meara / O'Mara , who
was "acting" tenant of the 1st-floor flat at 372 Clontarf
Road , Dublin 3 since the
29th November 1993( and who
also , simultaneously shared an address at 15 Church
Street, Howth , Co. Dublin with
Mr. Bernard McKenna AND HELEN
AHERN ) asked the landord's son , Mr Rory Maguire of 372
Clontarf Road
whether he , Mr. O'Meara / O'Mara
could have the Social Welfare pay his rent - as( he claimed
at the time) , he knew
a "...bird..." in the Department of
Social Welfare.

When this was refused , Mr. O'

Meara's attitude changed , and he became quite
aggressive towards Mr Maguire.
This anger and aggression seemed
disproportionate - at THAT time - and eventually , Mr
O'Meara / O'Mara became
threatening , when , on several
occasions thereafter ; Mr. O'Meara(or O'Mara) had
returned from the DOLLYMOUNT
HOUSE pub down the road - which
he often frequented during lunch hours.
1996
August
.02 Mr. Brian O'Meara is given NOTICE
TO QUIT 372 Clontarf Road , Dublin 3 by Mr. Rory Maguire having regard to
the worsening situation...
Mr. Maguire's solicitor at that
time , Mr. H. J. Roundtree( "Jack") , who had contacted the
Valuation and Planning
Departments of DUBLIN
CORPORATION about their mistake in the VESTING ORDER
of the 10th of September 1992
( which was NEVER
ACKNOWLEDGED by the so-called Planning Department..) ,
had a COURIER DELIVER
Mr. O'Meara's NOTICE TO QUIT !
{ H. J. Roundtree , Tel

: 662

3005 and 662 3011 ,

Mobile : 087
251 0676
Fax
2828
1996
August
Corporation , on :

: 662

}
.11 The Chief Valuers Office of Dublin

2nd. Floor ,
Block 3 ,
Civic Offices ,
Wood Quay ,
Dublin 8. ,
Tel : 679 6111
Fax : 670 7860
also received notification of the
mistake on the 27th. of August 1996 , from Mr.H. J.
Roundtree, solicitor, of :
5
Mount Street , Upper ,
Dublin 2. ,
Eire
( and again on the 4th. of
November 1996 ) and THEY ACKNOWLEDGED receipt of
the letter/s on the 8th. of November
1996 , in an acknowledgement
from ...Mr. P. McLoone , F.R.I.C.S. F.S.C.S., () the Chief
Valuer of Dublin Corporation.
................F.R.I.C.S. ... Fellow
of the ROYAL Institute of Chartered Surveyors
.................F.S.C.S. ... Fellow
of the Society of Chartered Surveyors
1996
September
.11 The Planning Department of the
Dublin Corporation were notified of the mistake in their
VESTING ORDER of the 10th of
September 1992 in a letter , from
Mr.H. J. Roundtree, solicitor, of :
25 Mount Street , Upper ,
Dublin 2. ,
Eire
on the 11th. September 1996
( although ,... for their own ' reasons ' ...,..; they failed to
acknowledge receipt of the said

letter from Mr H.J.

Roundtree.................................. ).

1997
Feburary
.20 Nevertheless, both planning
applications were approved by the Corporations planning
department on the 20th. of Feburary
1997.
All objections to the proposed
development were rejected out of hand by the Planning
Appeals board of Eire :
An Bord Pleanala
The grant of permission was signed
on the 11th of April 1997 ....
1997
April
.20 A Planning Application [ Plan
Reference no. 0980/97 ] was submitted in April 1997 by
Mr. F. D. Breitenstein , architect ,
of :
Studio DArchitectes ,
121 Boulevard North ,
Bayside ,
Sutton ,
Dublin 13 ,
Tel : 832 6772
Fax : 843 6683
for a replacement townhouse to
the rear of no. 372 Clontarf Road , Dublin 3 to Dublin
Corporation's Planning Department.
This was submitted on behalf of
the occupier( Mr Rory Maguire ) of 372 Clontarf Road ,
Dublin 3
At this point in time one would
assume from the drawings submitted with the applications
that there were TWO SEPERATE

DRAINAGE SYSTEMS - i.e. one

based on the existing drainage for the 2-storey (reduced
from a 3-storey house in the
modifications with the resubmitted
applications) [ Plan Ref No 1301/96 ] and YET ANOTHER
drainage system for the TWO
apartment blocks [ Plan Ref No.
1306/96 ].
They had - ON PAPER ..at least..
Curiously enough , under condition
no. (4) of the permission granted to the developer for the
3-storey house [ Plan Ref No.
1301/96 ] , as amended by
resubmissions received on the 28th. Of January 1997 ( to
2-storey ), it states there shall be no
boundary definition between the
back garden of the proposed house and the private open
space to the proposed apartment
development to the rear
1997
June
.00 At the end of June , Mr. B .Ahern
forms a new administration with the ass istance of the
Progressive Democrats , under
Mary Harney.

1997
June
.00 In early June 1997 a bulldozer
started clearing the site to the rear of 370-371 Clontarf
Road , and broke throught the dividing
wall between the site" to the rear
of 370-371 Clontarf Road " and the rear of the 373
Clontarf Road site.
The driver claims he is employed
by a Mr. Mossie Fox.
While clearing the 373 Clontarf

Road site , the bulldozer driver breaks Mr Alan Costello's

previously installed sewer pipe
( running OVERGROUND and
parallel to the North-eastern side of 372A Clontarf Road whiich would " COLLAPSE "
on the 6th. of october 1997 ...)
and repaired it - after Mr Maguire drew his attention to it with an orange section .!.
Shortly afterwards , a company
called CELTI CON LTD , replace the lone bulldozer driver ,
and begin ground work
on the DUBLIN CORPORATION site
at 373 Clonarf Road, Dublin 3.
The registered office of the main
site contractors Celticon is :Celticon Limited ,
Coolaght ,
Claremorris ,
Co. Mayo. ,
Eire ( West of ...)
The directors of Celticon Ltd are
given as Mr. and Mrs. Corless of :
Knock Road ,
Co. Mayo ,
Eire ( West of )
Celti con then entered onto the
COMBINED SITES ( that is :
SITE 1
The site to the rear of 370-371
Clontarf Road , Dublin 3 referred to in Derek
McDowells( T.D. ) letters to the residents of
Dollymount Park and Dollymount
rise , in November 1994 and Feburary 1995 respectively ,

AND

SITE 2
The site , known as 373 Clontarf
Road , Dublin 3 , Eire , being Margaret Murphys land and
referred to in the VESTING
ORDER , dated the 10th of
September 1992 , the said VESTING ORDER being made
under the DERELICT SITES
ACT 1990 (No. 14 , June 1990 ) ,
enacted by Mr Charles Haughey , the Prime Minister of
Eire (up until his forced
resignation in Feburary 1992 over
the phone-tapping of several journalists amongst others)
, and , HIS Fianna Fail / Progressive Democrat coalition
government ,..)
and began their excavations of the
COMBINED SITES , including uprooting and removing many
mature trees
{ No Charge was created at this
time ( or has been created since then ..!!) by G. Saunders
& Company Limited on the
site known as 373 Clontarf
Road . In fact , the property is registered in the name of
the Dublin Corporation - according to
the Land Registry in Nassau
Street - yet at this point in time ( September 1998 ) there
is a TWO( or THREE ??)-storey
house completed on the site ,
fronting onto the Clontarf Road - with a partly-completed
apartment block on the rear portion
of the 373 site.... }
The directors of Celticon Ltd are
given in the C.R.O. as Mr. and Mrs. Corless of :
Knock Road ,
Co. Mayo ,
Eire ( West of )
1997

June
.00 In July 1997 Dublin Corporation
demanded that the Planning Aplication submitted by Mr. F.
D. Breitenstein in April 1997
for the : replacement
townhouse to the rear of no. 372 Clontarf Road .. be
resubmitted to them and that the site notice
be amended to read Permission
to demolish the existing townhouse and the erection of a
replacement townhouse to the
rear of no. 372 Clontarf Road
,Dublin 3
Mr. Breitenstein felt at the time
that this was a delaying tactic by the Dublin Corporation
1997
June
.00 In or around July/August 1997 Ms.
Maeve Curran took over the shop at no. 371 Clontarf
Road , Dublin 3 , which had
previously been occupied by
Dollymount Appliances - now called Adams Interiors
1997
July
.15 Haughey testified before the
( McCracken ) Tribunal on Tuesday , the15th July 1997 ,...
At the outset he read a prepared
statement in which he expressed regret for his behaviour
in NOT COOPERATING
with the tribunal... " ... in the
manner which might have been expected of me..." ,
..He clearly tried to dump the
responsibility for all his finances on ( Des ) Traynor , who
had died in 1994...
"... I never had to con cern myself
about my personal finances ...," ... Haughey said ...
"... [ Traynor] took over control of
my financial affairs from about 1960 onwards... "...
SF.p.445
...He HAD TO CON CEDE ,

however , that as recently as 7th July (1997) he had been

' persisting in accounts of events
which were short of the truth. '
YET while he was on the stand , neither he nor any of the
LAWYERS had referred to his
DECEPTION as..........L.Y.I.N.G.....
SF.p.446
1997
July
.28 Lord Rob ert Temple Armstrong
( d.o.b..30th of March 1927 ( 30/03/1927))of Ilminster
G.C.B. , C.V.O. , of :
19 St. Swithin's Lane ,
London EC4P 4DV ,
United Kingdom ,
is appointed a director of ( The )
Governor & Company of the Bank of Ireland Ltd on 28th of
July 1997.
1997
August
.00 It was around early August 1997
that the main contractors, Celticon Limited, had excavated
the main drainage connection ( 1* )
running down the hill from
Dollymount Park , ( on the South/Eastern border of the
site to the rear of 370-371 Clontarf Road ),
and subsequentially reconcreted it
...in a hurry.
1*................This was the
ORIGINAL proposed drainage con nection included in Mr
Alan Costello's architect ( Mr O'Neill )
plans submittted to
the Dublin Corporation's Planning Department on the 12th
of June 1996 ...
[ Plan Ref. no.
1301/96 and 1306/96 ]
1997
August
.14 The property known as 372
Clontarf Road , Dublin 3 was finally registered in the LAND

REGISTRY on THURSDAY ,
the 14th. of August 1997 , by :
Instrument No. 92DN0708 { see
REG MAP PLAN : 9 ; DIVISION : 19 ; BOOK NO : 11 }
In CONTRAST , no 373 Clontarf
Road , taken over by the Dublin Corporation through a
VESTING ORDER dated
the 10th of September 1992 under
the Derelict Sits Act 1990(No. 14 of 1990) ; when Mr.
Smith was Minister for the
Environment and ,
MR. B. AHERN was Minister for
FINANCE , under Mr Charles Haugheys suc cessor as
Prime minister of Eire ,
Mr Albert Reynolds( much-libelled
owner of a dog-food factory in Tipperary , and director of
JEFFERSON SMURFIT
GROUP PLC ) ;
given the VESTING INSTRUMENT
NUMBER : 92DN22297 , and then registered in the Land
Registry on the 11th
of March 1993 , by Instrument
No.93DN022297 .
A rather strange reference to
certain DEALS PENDING was included in the LAND
REGISTRATION
CERTIFICATE of Margaret Murphys
recently VESTED land in the LAND REGISTRY :
{ DEALS PENDING : 97DN19506
{see REG MAP PLAN : 5 ; DIVISION : 19 ; BOOK NO : 11 }
It was the same Albert Reynolds
who dubbed Eires current Prime Minister ( and self-styled
' SAVIOUR ' of
THE PEACE PROCESS... )
MR B. AHERN ., the

.. ..................RAT IN AN ANORACK.
1997
August
.25 On the 25th August 1997 the
( McCracken )tribunal report was published. In it ,
McCracken con cluded that it was..
..."...quite
unacceptable....,etc.,.."...the former Taoiseach( Prime
Minister , Mr Charles J Haughey ) had prevaricated and
lied...
"...he had lied in three seperate
submissions... "...
Haughey had not been honest in
his testimony either.
"...The tribunal con siders Mr
Charles Haughey's evidence to be unacceptable AND
UNTRUE...."...
The judge refused to believe
several aspects of the former Taoiseach's story involving
his relationship with ( Des )
Traynor....
SF.p.447 / 448
..."... This is a matter for the
Director of Public Prosecutions..'...
He added , rather pointedly ,
..."...that the circumstances
warrant the papers in the matter being sent to the
Director of Public Prosecutions for his consideration as to whether there
ought to be(?) a prosecution, and theTribunal intends to do
so..."
1997
September
.00 The vice-taoiseach , or deputyPrime Minister of Eire UNDER Mr B. Aherm , Ms Mary
Harney appoints an inspector ,
Mr Gerry Ryan to... ' investigate ...'
CELTIC Helicopters...( in which , Mr Charles Haughey's
son , Ciaran Haughey ,
is the MAIN shareholder... ).

Mr Sam Field Corbett was also a

director of CELTIC Helicopters , which secured loans it
obtained with the
ANSBACHER ACCOUNTS , as
revealed in the McCracken Tribunal .
The ANSBACHER ACCOUNTS held
for Mr Charles J. Haughey were used to support the debts
of CELTIC Helicopters
A $150,000 loan from IRISH
INTERCONTINENTAL BANK to CELTIC Helicopters in 1992
( when 373 Clontarf Road
was " VESTED " in ...the DUBLIN
CORPORATION.....) was repaid out of Mr. C. J. Haughey's
ANSBACHER
ACCOUNTS.
The McCracken Tribunal con
cluded that Ciaran Haughey must have been aware of the
payment.......
1997
September
.24 The Blayney Tribunal chaired by
Supreme Court Judge John Blayney is established to
enquire into "possible... "
professional misconduct by
members of the :
INSTITUTE OF CHARTERED ACCOUNTANTS
named in the earlier McCracken
Tribunal.
{ Progress for ' justice ' was delayed by...Legal
action..!!!!.}
1997
September
.26 The Moriarty Tribunal chaired by
Justice Michael Moriarty is established to enquire into
payments made to Mr. Charles
J. Haughey during ANY PERIOD in
public office from January 1979 to December 1996 and
whether any benefactors were

granted ' political ' favours...

Also , the source of the money
held in the ANSBACHER accounts and other bank accounts
held by Mr C. J. Haughey .
Also , whether payments were
made to Mr Michael Lowry , member of Fianna Fail party ,
in return for ' political '
favours ; also ; the SOURCE OF
MONEY held by Mr Low ry in the BANK OF IRELAND(Thurles
branch and ...
the ISLE OF MAN ... ) , branches of
ALLIED IRISH BANK in the Channel Islands and Dame
Street , the IRISH
PERMANENT BUILDING SOCIETY ,
Cork , or REA BROTHERS ( Isle of Man...).
Finally , to enquire into whether
the REVENUE COMMISSIONERS ' bothered... ' to use their
powers to recover taxes
due by Haughey or Low ry , as a
result of their " gifts..."
{ The original deadline for the
Tribunal was 31st July 1998 , but due to HIGH COURT and
SUPREME COURT action
by the Haughey family
dysentry , this was delayed....and thereby ' justice ' ...Eire
style...!!!??? }
1997
October
.02 On the 2nd of October 1997 Mr.
George Sturdy of David Allen Holdings Ltd. , Sandyford
Industrial Estate , Burton Hall
Road , Leopardstown Dublin 18 ,
Tel : 295 8170 , received a phone call from Mr. Alan
Costello demanding that he take
down the Billboard on the gable
wall of no. 372 Clontarf Road - which had been there since
1985 and was ( then ) the
property of David Allen Holdings
Ltd..

Mr Sturdy refused point-blank to

submit to this demand.
1997
October
.02 On THURSDAY , the 2nd of October
1997 at 10.45 a.m. Ms. Annie OKeefe of Dublin
Corporations Planning Department
arrived on the site at no. 372
Clontarf Road and met Mr. Breitenstein , the architect of
the Planning Application
[ Plan Ref No. 980/97 ] for the
proposed townhouse at the rear of no. 372 Clontarf Road
on behalf of Mr Maguire.
They inspected no. 372A and the
site together and then Ms. Annie OKeefe left at approx.
10.55 a.m.
1997
October
.06 On MONDAY , the 6th. of October
1997 the North/Eastern and North/Western sides of 372A
Clontarf Road ,
collapsed (Photo 2 and Photo 3).
1997
October
.07 Mr Raphael Burke resigns from the
government of Mr B Ahern - ONE DAY AFTER the socalled ...
" COLLAPSE " of 372A Clontarf
Road ( on the evening of Monday , the 6th of October 1997
- according to Mr Alan
Costello ,ex-detective / used-car
salesman and director of DUBLIN CORPORATION'S
favoured developer...........
G. SAUNDERS & COMPANY LIMITED
1997
October
.06 On TUESDAY , the 7th. Of October
1997 the DAVID ALLEN POSTER SITES LTD Billboard on the
gable wall of no.
372 Clontarf Road was removed
by workers acting under orders from the ex-

detective/used-car dealer Mr. Alan

Costello.............
Mr. Roundtree , solicitor ,of 25
Mount Street upper , Dublin 2 advised that there was
nothing that could be done about
the collapse of 372A Clontarf
Road on the 6th. of October 1997 as no damage had been
caused (sic !!! )and had a similar
Weak response regarding the
illegal removal of the DAVID ALLEN POSTER SITES LTD
( ) Billboard on the gable wall of no. 372
Clontarf Road.
DAVID ALLEN
POSTER SITES LTD is part of the J.C. DECAUX Group of
France !
After being threatened with a
court injunction on the 8th. of October 1997 by Mr. H.
J.Roundtree , solicitor . 25 Mount Street
,upper, EMAIL:
roundtree@securemail.ie ( who acted after receiving a
joint phone call from Mr. F.D.Breitenstein , architect ,
121 Boulevard North, Bayside ,
Dublin 13. , and Mr. David Doran of Dublin Corporation's
Dangerous Building Department who both believed that the main
contractors , CELTICON LTD , were intent on demolishing
no. 372 Clontarf road ) they ,
Mr Alan Costellos subcontractors , CELTICON LTD , then left the site and
removed their company signpost from
the front of the 373 Clontarf Road
site .......
They have since changed address
to:Knock Road ,
Kiltimagh ,
County Mayo ,

Eire
An offer was made on the 8th. Of
October 1997 by Mr. Alan Costello in the presence of Mr.
Breitenstein and Mr. David
Doran( since deceased ) of Dublin
Corporations Dangerous Buildings Dept. to demolish the
remains of no. 372A Clontarf
Road ( which had ostensibly
collapsed on the 6th. Of October 1997...of its own
accord... ) and erect a boundary wall to
the rear of no. 372/373 Clontarf
Road...in order to...make things good...
No mention was made about ANY
NEW DRAINAGE connection. This was some eight days
before a decision was due
( on 16th. October 1997 ) on Mr.
Maguire's proposed townhouse to the rear of no. 372
Clontarf Road , Dublin 3............
[ Plan Ref. No 980/97 ].
1997
October
.23 On THURSDAY , the 23rd of
October 1997 part of the North-Eastern and North-Western
rear boundary wall between
nos. 372 and 373 Clontarf Road
was demolished by a bulldozer. The owner , Mr Maguire ,
only made the discovery
when he returned late in the
evening , and it was quite dark . He took some
photographs , in which , the tracks from a
bulldozer are clearly visible ! He
called the gardai again , and YET AGAIN : when the gardai
from Clontarf Garda Station
arrived they said it was a...civil
matter...and NOTHING to do with them...
At this stage the foundations for
the TWO APARTMENT BLOCKS had been laid but NO
DRAINAGE had been installed
and no work had been done on the

site to the front of 373 Clontarf Road ( the site of Mr Alan

Costello's proposed
TWO-STOREY house).
The only ' workers ' left on the site
were three employees of the ex-detective /used-car dealer
Mr. Alan Costello and they began
excavating the foundations for Mr
Costello's house.
{ NOTE : This was to be the
pattern for the following year ; with some extra '
empoyees ' being taken-on for the accellerated
pace of con struction
necessitated by the need to COVER-UP ( through the
device of building an
EXTREMELY-HIGH
boundary wall between 372 and 373 ) the drainage
situation..; right up until the VIOLENT
and TOTALLY-ILLEGAL
FORCED-ENTRY by the gardai from Clontarf and Raheny
gardai stations , on
TUESDAY , the 1st of
December 1998 ...!!! }

There were extra workers

employed on the site of the house over Christmas 1997 ,
and the pace of construction
accellerated ( although no work
was done on the apartment blocks at all - untill July 1998).
1997
October
.28 On TUESDAY , the 28th. of
October 1997 at 10.30 a.m. (approx.) in the morning the
remaining North-Eastern rear
boundary wall between 372 and
373 Clontarf Road was demolished by Mr. Alan Costellos
workers with a bulldozer,
who seemed to regard CRIMINAL
DAMAGE to other peoples property as s form of

amusement !

There were
several photos taken Mr. Costello's
' workers ' in action...
When the gardai arrived the
workers ran off laughing , through the " site to the rear
of 370-371 Clontarf Road "
( ' owned ' by some faceless entity
...) , and , shortly afterwards emerged at the side of no.
370 Clontarf Road
( now occupied by Mr. Costellos
daughter , and her hairdressing business ).
The gardai had caught them redhanded , but then questioned them in a rather casual and
off-handed manner :
later the gardai in Raheny ( where
Mr Charles Haughey had resided for many years ) claimed
that Mr Alan Costello's
workers had permission from
Dublin Corporation ,...ALSO and that it was a CIVIL
matter and , quite bluntly ...
nothing to do with them !
A meeting was then arranged ,
without ANY INSTRUCTIONS from Mr Maguire , by Mr. H. J.
Roundtree ,
solicitor , of :
25 Mount Street , Upper ,
Dublin 2 ,
{ The HQ of Mr Charles Haughey's
FAIL political Party is just down the road ...... }
on the site ( at the now nonexistant rear boundary between nos. 372 and 373 Clontarf
Road ) for the next day
( 29th of October 1997 ) at 1 .00
a.m.
In the meantime a LARGE TRENCH
had been excavated by the bulldozer on the line of the
former boundary wall ,
OBLITERATING ALL TRACES of the

former rear boundary between 372 and 373 Clontarf Road

; and in the
process the MAPPING ERROR of
the Dublin Corporation's ' planners ' which said MAPPPING
ERROR ,
INADVERTINGLY , DREW
ATTENTION to the TOTAL LACK of ANY ADEQUATE
DRAINAGE for
Mr Alan Costello's , G. SAUNDERS
& COMPANY LTD , and the DUBLIN CORPORATIONS
development
( even if , there was only a 3bedroomed house proposed for the site , let alone a 3storey house AND
APARTMENT BLOCK ...
1997
October
.29 On WEDNESDAY , the 29th. of
October 1997 at 1:00 p.m (approx.) , the said meeting
arranged by Mr H. J.
Roundtree , solicitor , took place
at the NOW DISAPPEARED REAR BOUNDARY WALL
between
372 and 37 3 Clontarf Road.
The meeting ( $$$$ ) was
attended by Mr. H. J. Roundtree , solicitor, ( 25 Mount
Street upper, Dublin 2. ), Mr. F.D.
Breitenstein , architect , ( 121
Boulevard North , Bayside , Dublin 13 ) and , representing
Mr. Costello ; both himself
and his architect , Mr. ONeill ,
architect , of :
,
Blessington ,
Co. Wicklow ,
Eire
{ Note : Mr O'Neill , architect , had ALSO BEEN Mr
John Flynn's architect for Mr Flynn's proposed
development

for the site to the rear of 370-371 Clontarf

Road , Dublin 3 , [ Plan Ref. no. 1257/94 ] - mentioned
by
Derek McDowell T.D. in his letters of
November 1994 and Feburary 1995 as described
previously }
An INFORMAL AGREEMENT
( NOTHING in writing... ) was reached between Mr.
Roundtree( solicitor ) ,Mr. Breitenstein
( architect ) on the one hand ; and
; Mr. Alan Costello( ex-detective/used-car dealer ) , Mr.
O'Neill ( architect ) on the other
hand wherby Mr. Costello and his
architect , Mr O'Neill would make a drainage connection to
Dublin Corporation's main
SEWER via the EXISTING
DRAINAGE (sic ! ) of no. 372 Clontarf Road AFTER
furnishing Mr. Breitenstein with PLANS
of the proposed NEW DRAINAGE
connection.
This proposed NEW drainage
connection was permissable only on the condition that :
(1) IT WOULD NOT affect , adversely , the planning
permission granted ( on
the 16th. of October 1997 - the FINAL GRANT of
permission was not
given until the 1st. of December 1997 ) for Mr
Maguire's proposed
townhouse at the rear of no. 372 Clontarf Road : [ Plan Ref No. 0980/97]
(2) IT WOULD NOT DEVALUE no. 372 Clontarf Road in
any way.
(3)
the

IT WOULD NOT INVOLVE any CRIMINAL BREACH of

BUILDING CONTROL REGULATIONS...!!!???

In the event , NO plans were
...EVER... furnished to Mr. Breitenstein
$$$$..................Mr Alan Costello took care
of ...Mr H. J. Roundtree's( and Mr Breitenstein's ) expenses
for
the day !
1997
October
.29 On A new rear boundary wall was
then erected with a 6 inch ( 150mm ) drain pipe concealed
beneath the extreme NorthEastern corner orientated in a
Northerly direction towards the apartment block " B " on
the rear portion of the site at
373 Clontarf Road [ Plan Ref no
1306/96 ]
.
According to Dublin Corporation's
own Building Regulations a 150mm drain pipe is the
minimum gauge for THREE or
MORE dwellings although the
impression given at the aforementioned meeting ( on
WEDNESDAY ,the 29th. of October
1997 ) was that the proposed new
drainage connection was to be ONLY FOR for the proposed
TWO-STOREY house
at the front of ( $$$ ) the 373
Clontarf Road site ALONE.........
AND NOT ( to be connected to... )
the APARTMENT BLOCK , designated Block ' B ' , on the
drawing plans submitted
with Mr Alan Costello's SEPERATE
Planning Application ( on behalf of G. SAUNDERS &
COMPANY LTD ) , by
his ( and John Flynn's architect ) ,
Mr. O'Neill , on the 12th of June 1996 , as mentioned
previously : [ Plan Ref No. 0980/97]

$$$ where Margaret

Murphys cottage used to stand .
1997
December
.01 On MONDAY , the 1st. of
December 1997 , the Final Grant of Permission for the
proposed townhouse to the rear of
no. 372 Clontarf Road was signed
and then issued by E. Jorde of the Planning Department of
Dublin Corporation.
The same E. Jorde had ALSO dealt
with the TWO Planning Applications of Mr Alan Costello ,
director / shareholder in
the Dublin Corporation's favoured
developer G. SAUNDERS & COMPANY LTD , for Mr
Costello's house and
ALSO the TWO APARTMENT Blocks
( Block 'A' on the site " ...to the rear of 370-371 ( sold
in December 1995 )
Clontarf Road ..."" , AND , Block '
B ' on the rear of the ...the 373 Clontarf Road site ; title
VESTED in the Dublin
Corporation since 10th. of
September 1992 )
Block ' B ' stands directly behind
the new house erected by Mr Alan Costello at 373 Clontarf
Road , Dublin 3 - and
was DIRECTLY IN-LINE with the
aforementioned 150 mm sewer pipe which Mr Alan
Costello's three workers
had concealed directly beneath
the NEW REAR BOUNDARY WALL which they had speedly
erected after the
previously-described progressive
ILLEGAL demolitions of the REAR BOUNDARY WALL
between 372 and
373 Clontarf Road ( on the 23rd
and the 28th of October 1997 - not including the so-called
" COLLAPSE " of
372A Clontarf Road on MONDAY ,
the 6th. of October 1997..., the INTENTION behind which ,

was ,
without any doubt ;
the forcing through ( by...the '
agreement ' of Mr Maguire to Mr Alan Costello's apparently
' generous ' offer to
rebuild the rear boundary wall ..'
at his own expense ' ( 8th October 1997 ) ) of Mr
Costello's NEW DRAINAGE
connection...to Mr Costello's new
house ...AND ALSO the APARTMENT Block ' B '...
1997
December
.19 A new Charge was created by G.
Saunders & Company Limited ( still at the Dunne Street
address as far as the Companies
Registration Office was aware.)
on the 19th. of December 1997 and refers to a site ...:
" to the rear of 370 Clontarf Road
( including 370B , 370C, 370F
Clontarf Road , Dublin 3 and the accompaning land ;
directly behind nos 370 ( Mr Alan
Costello's daughter's hairdressing
salon ) and 371 ( Ms Maeve Curran business... ) Clontarf
Road !.
The Charge was presented by the
said Whitney Moore & Keller for all sums due ( mortgage )
to :
Smurfit Finance Limited ,
94 St. Stephens Green ,
Dublin 2.,
and was signed on the 22nd. Of
December 1997 by Ann Harvey , of Whitney Moore &
Keller....
[ C.R.O. Company no. 034654
Doc. Seq. no. 280382 ] .
It was around this time , just
before Christmas 1997 , that Mrs. Sheila Dolan , the last
remaining tenant of the cottages

to the rear of 370-371 Clontarf

Road ( which included 370B ( the " SQUATTER " ) , 370C
( Mrs Sheila Dolan ) , 370D
( ??? ) and 370F( another "
squatter " - who was receiving benefits from the
Department of Social Welfare , when Mr B. Ahern's
brother was Minister for Social
Welfare ...) , after complaining of months of harassment by
the " SQUATTER " who had
taken up residence in the vacant
property next door at no. 370B Clontarf Road ( just behind
, and sharing a common party
wall with Ms Maeve Curran ( her
business at 371 Clontarf Road... )) left her home in a
hurry ; never to return !.
This Charge - in common with the
Charge ( Debenture of 5th. of Feburary 1990 created by
G. Saunders & Company
Limited regarding a site on
Coolock Industrial Estate , ALSO the property of Dublin
Corporation... , and ( then ) with ...
all sums due to :
Guinness & Mahon Limited ,
17 College Green ,
Dublin 2
)
was NOT SCANNED in the
Companies Registration Office...in Parnell Street , Dublin 1
When the ex-detective / used-car
dealer , Mr Alan Costello , failed in his attempts to force
his NEW DRAINAGE scheme
through Mr Maguire's property ;
via his CONCEALED 150 mm.(millimeter) SEWER PIPE
beneath the NEW REAR
BOUNDARY WALL erected after the
' meeting ' of the 29th of October 1997 , as described
above , he and his three
' workers ' then attempted to
install an ALTERNATIVE NEW DRAINAGE scheme ; this
time , via/beneath , the

property ( 370C ) of the recentlydeparted Mrs Sheila Dolan. ( Plans and Photos of this
ALTERNATIVE NEW
DRAINAGE scheme are viewable
here )
Mr F. D. Breitenstein , architect ,
made the observation that this scheme would not work
effectively ; as both the angle
( the outlet sewer pipe was at
right-angles to the direction of ... flow... ) , and the slope
( the gradient was too shallow...)
were wrong !
This " ALTERNATIVE NEW
DRAINAGE " scheme for 373 Clontarf Road(dplan.htm) ,
was a cosmetic effort ; a
feeble attempt to deceive the
general public that work was ' progressing ' normally on
the development ( when in actual fact
, they : the favoured developers ,
G. SAUNDERS & COMPANY LTD as well as the so-called '
planners ' in the Dublin
Corporation knew from the outset
that the scheme was UNWORKABLE...
Indeed , Mr Breitenstein made the
point that in similar cases - where an attempt was made to
, effectively , ' defy gravity '
, that is , in order to overcome the
slope problem : developers had resorted to installing a
pumping station in-situo ...;
to pump the waste from the TWO
APARTMENT BLOCKS ( Block ' A ' and Block ' B ' ) in
addition to the waste
from Mr Costello's (NOW) 3-storey
house , uphill...
although whether that was
feasable in the case of 373 Clontarf Road remains highly
dubious ...
But as there had been ' rumours '

in the locality about the slow pace of development - the

story was put about that the
developers were in financial
difficulties...of sorts..., so obviously , something had to be
( seen to be ) done .......
This " ALTERNATIVE NEW
DRAINAGE " scheme for 373 Clontarf Road tranversed the
site ...
" ...to the rear of 370-371 ( sold in December 1995 )
Clontarf Road ..."
via/under the old boundary wall
( which joined 370C and 370F Clontarf Road ) between
the said site and the...
....the 373 Clontarf Road site ; title VESTED in the Dublin
Corporation since 10th. of September 1992
although under ; condition no. (5)
imposed by the Planning Department on the TWO
apartment block
complexes proposed for the
COMBINED SITES :
( i.e. " ...to the rear of 370-371 ( sold in December
1995 )
Clontarf Road ..." AND the REAR
PORTION($$$$) of ...the 373 Clontarf Road site ; title
VESTED in the Dublin
Corporation since 10th. of
September 1992 )
was that , the drainage for the
COMBINED SITES was to be agreed in advance ,..IN
WRITING .. , with the Planning
Department of the Dublin
Corporation ( the permission was granted in full on 20th.
Of Feburary 1997 )
[ Plan Ref. No. 1306/96 ].

This new drainage scheme was

installed around the beginning of May 1998 -about 15
months AFTER permission
was granted to the TWO
SEPERATE Planning Applications on the SAME DAY [ Plan
Ref. nos. 1301/96 AND
1306/96 ] by Dublin
Corporations ' Planning ' Department.( THURSDAY , the
20th of Feburary 1997 ).
$$$$ being part of the
aforementioned Vesting Order dated the 10th. of
September 1992 on Margaret Murphy's
land at 373 Clontarf
Road
1998
.00 Sometime during 1998 , Mr. Brian
O' Meara / O'Mara moved away from his former address in
15 Church Street, Howth ,
Co. Dublin without leaving any
forewarding address - Mr Bernard McKenna , apparently ,
moved to the south-side of
Dublin City.
1998
March
.20 The owner of 372 Clontarf Road
then contacted Mr. Billy Young , of NUMBER ONE SECURITY
SERVICES LTD in
order to arrange for a security
guard to guard the premises at 372 Clontarf Road - after
the bulldozer driver(W1) working
on the rear of the 373 Clontarf
Road site(while being concealed behind a mound of clay
and rubble ; put in place by the
bulldozer driver for that very
purpose - to conceal both his and his co-workers CRIMINAL
INTENTIONS - did ,
quite deliberately , and with the
intention of causing the maximum amount of stress and
INTIMIDATION , to the owner of
372 Clontarf Road drove the said

bulldozer against the temporary fencing erected on the

North-Western rear boundary of
372/373 Clontarf Road by the
owner , Mr Rory Maguire , causing the said fencing to "
COLLAPSE " - just like the
previous " collapses " on the 6th.
October 1997 , the 23rd October 1997 , the 28th October
1997....
1998
March
.31 Because of the ongoing
harassment from the THREE WORKERS of Mr Alan
Costellon on the site of 373 Clontarf Road ,
which included parking on the
forecourt of the shop at 372 Clontarf Road( enabling them
to conceal their acts of
CRIMINAL DAMAGE on the front
wall of the shop : in order to try and cause it to " collapse "
, and , thereby , eventually;
succeeding in justifying their
PLANNED DEMOLITION of the front wall of the shop on the
13th of May 1998.
The owner , in order to try to
protect his property from these CRIMINAL ACTIONS had 3
RAM BARS installed on the
forecourt of the shop at 372
Clontarf Road on the 31st March 1998 by :
H & M IRONWORKS LTD ,
No.2090
Unit 1 , Greenhills Industrial Estate ,
Greenhills ,
Dublin 12
Tel : 50 0723 and 507070 ,
Fax : 50 0723

Dispatch

Cost :
478.13
1998
May
.07 On the 7th. of May 1998 ,
auctioneers , Douglas Newman Good , of :

2 Malahide Road ,
Fairview ,
Dublin 3 ,
Tel : 833 1802 ,
auctioned Mr. Alan Costellos house
at ;
56 Hampton Court ,
Clontarf ,
Dublin 3.( circa 251,000.00 )
{ Just down the road from
CLONTARF CASTLE - the former family-seat of the
Norman VERNON FAMILY }
1998
May
.07 On the 13th. of May 1998 , at 1.00
p.m. approx. , Mr. Costello's THREE ' WORKERS ' on the
site at 373 Clontarf
Road demolished the front wall on
the 372 side of the boundary line between 372 and 373
Clontarf Road.
The said wall was NOT a boundary
wall but was part of no. 372 Clontarf Road. When the
single guard arrived at approx
1.30 p.m. in response to Mr
Maguire's 999n call , the " workers " produced a letter
from Mr. Thomas Looms , a local
solicitor ( and ambitious Fianna
Fail party member with aspirations to be ' made ' a
judge ... ) , of :
38 Dollymount Avenue ( also no. 1 Coolock Village ) ,
Clontarf ,
Dublin 3
to the effect that Dublin
Corporation had given them ( Mr Alan Costello's THREE
WORKERS " permission " to demolish
the said wall as it was..."...
dangerous... "... and ..." had to be removed "...
The wall in question had been

repaired earlier in 1997 by Mr Maguire , and shortly

afterwards was quite deliberately broken
in part at the front , and thereby
rendered ...' dangrerous '... , by the said ' WORKERS ' ;
who used it as an access point
while building Mr Costello's 3storey house at the front of no. 373 Clontarf Road.
They also laid some drain pipes
adjacent to said wall , while at the same time , Dublin
Corporation workers appeared and
began tearing up the near-side of
the Clontarf Road - directly opposite Mr Costello's new
house.
They the so-called workers
used by ex-detective / used-car dealer Mr Alan Costello quite deliberately and with
CRIMINAL-INTENT later
undermined the said wall with a bulldozer , before finally
demolishing it!!!
June
.00 An inspector , Mr. Gerry Ryan , was
appointed AGAIN BY the vice-taoiseach , Ms. Mary Harney ,
or deputy-Prime
Minister of Eire UNDER Mr B.
Aherm , to ' EXAMINE ...' the books and other documents
belonging to
KENTFORD SECURITIES which was
part of the money trail leading to the ...ANSBACHER
ACCOUNTS.
KENTFORD SECURITIES was
established in 1979 , by Management and Investment
Services(MIS).
Management Information Services
was run by SAM FIELD CORBETT( also a director of
SECRETARIAL TRUST
COMPANY - which submitted
numerous documents to the Companies Registration

Office on behallf of ...

G. SAUNDERS & COMPANY LTD ) ,
who is a business associate of Mr C. J. Haughey !
Two former directors of the
GUINNESS & MAHON bank ( ) :
(1) Maurice O'Kelly , and
(2) Daniel O'Connor
were directors of KENTFORD
SECURITIES for a brief period ; which was CONTROLLED
and OPERATED by
Mr C. J. Haughey's accountant ;
the late Des Traynor ( % ).
Des Traynor used KENTFORD
SECURITIES to LAUNDER money( through opening and
closing accounts - once
the monies had been moved
abroad to the ANSBACHER(Cayman Islands) ACCOUNTS).
{ KENTFORD SECURITIES was
dissolved in May 1995 }
%................Des Traynor died in
1994 - prior to the ' take-over ' of GUINNESS & MAHON
bank......
...........GUINNESS & MAHON
LTD name changed to GUINNESS & MAHON(IRELAND) LTD
on the
31st August 1994 by
IRISH PERMANENT PLC ...
1998
December
.01 On TUESDAY , the 1st of
December 1998 , at approximately 1:00 p.m. TWO
unmarked garda cars containing plainclothes detectives rushed to 372
CLONTARF ROAD , DUBLIN 3 in response to a call from Mr.
ALAN COSTELLO'S
(ex-detective and used-car

dealer ) mobile phone.

Mr. Costello had moved to the 3storey house he had built to the front of 373 CLONTARF
ROAD during 1998.
They , Garda David Gallagher , of
Raheny Garda Station , acting under orders from Detective
Joseph Enright of
Clontarf Garda Station proceeded
to break down the side door of the shop(leading to the
first-floor flat of 372
Clontarf Road - WITHOUT
IDENTIFYING THEMSELVES AS PLAIN-CLOTHES DETECTIVES
- or
even as friends / partners-incrime of Mr Alan Costello , the ex-detective...
They then rushed up the stairs laughing at the criminal damage they had caused.
The (then) owner , assuming that he was being
attacked by associates of Mr. Alan Costello tried to prevent
them from
entering the flat!
The owner , Mr Rory Maguire ,
assuming that he was being attacked by armed-thug
associates of Mr. Alan Costello tried
to prevent them from entering the
flat - by blocking the stairway at the half-landing...!
In the course of the struggle ,
which lasted less than a minute , Garda Crehan fell back
on top of Garda David Gallagher...
( who later claimed , in an attempt
to extort compensation ; that his thumb had been
fractured (while he was doing his..
duty ...by Mr Charles J. Haughey's '
standards ' ...no doubt... ) , during the forced-entry by a
kick from Mr. Maguire...
After several minutes of struggle ,
and realising that they could not EASILY effect an entry by
force they began to scream

that they were...GARDAI

..,..GARDAI....!!!!!!
The (then) owner, assuming that
he was not about to be attacked (or even killed ! ) then
ceased attempting to defend himself
by preventing their
unwelcome/uninvited and ILLEGAL entry into his property ,
that is , the 1st floor-flat above the
ground-floor shop at 372 Clontarf
Road - which 3 years earlier was occupied by Mr Alan
Costello's daughter ...
plying her trade...
They then handcuffed him and
began screaming abuse and shouting questions and wild
accusations at him !
At NO TIME DID THEY PRODUCE A
WARRANT .......................!!!
Such was the athmosphere of
violence and intimidation especially from Garda David
Gallagher - who was cursing and
swearing and threatening extreme
violence against Mr Maguire , that Mr Maguire thought it
best not to say , or do ,
anything , that might provide an
excuse / justification to Mr Alan Costello's former
partners/colleagues in the force , to
exercise their ' powers ' to the
fullest extent....
{ Mr Raphael Burke , like his
leader and fellow Fianna Fail party-member , Mr Charles J.
Haughey was a former ...
Minister for Justice , and
observed very close relations with his underlings in the
Garda force....
}
While Mr Maguire was seated and
handcuffed ( and therefore unable to defend himself ) ,

Garda David Gallagher ,

who had , by now , worked himself
up into a frenzy of rage : caused to a large extent by his
poor performance at his
forced entry , behind Garda
Crehan on the stairs earlier - the humilitation...of rolling
about at the bottom of the stairway
- with Garda Crehan ( who is no
lightweight ) on top of him - was just too much for him to
bear ...sneaked up behind
Mr Maguire , and struck him a
heavy blow , with a torch , on the back of his head cutting the scalp and causing blood
to flow...
Detective Joseph Enright , who
was shouting questiuons at Mr Maguire , at the time , did
nothing to stop his
partner-in-crime , and even
smirked and even stopped Mr Maguire from attempting to
stem the flow of blood.
He was later arrested and charged
with CRIMINAL DAMAGE : the case being continuously
remanded.....until the end
of NOVEMBER 1999 ....when it was
finally ' heard ' in FRONT of Judge Tiimothy Halpin
CROWLEY.........................

{ His so-called defense counsel , a disinterested

solicitor by the name of Ms Jenny McGeever ,of free-legal
AIDer' s
Terence Lyons & Co. ( granted by the first Judge to
hear the so-called case , Judge Miriam Malone , was , by a
remarkable coincidense , promoted to the Circuit
Court during the remand process and so ,...obviously .. ,
could
not provide ANY defense ,
whatsoever , and just before the case was to be
heard...FINALLY ,...after 6 remands...
before....Judge TIMOTHY HALPIN

CROWLEY....the 'defense ' was dumped into the lap of Mr

Patrick Neil ,
several minutes before the case
was to be heard ...
the only option , under such '
circumstances ' , was to plead guilty ...GUILTY TO BEING
THE VICTIM OF A
STATE-SPONSORED CRIMINALCONSPIRACY ...the 'state' in question ..being Eire , the
freeMASON
Estate of the Grand-Master himself
, Sir Winston Churchil , and his underling criminal-acolytes
in the boughtand-paid for party of the illbred
and illiterate...Fianna FAILures...Their founding ' leader ' ,
the Spainish
half-breed , Mr Eamon De Valera ,
with his stage-managed escape from Lincoln jail in 1917 ,
and his suck
cessors... all being puppets in the
pay(ola) of the MASONS
{ In Mr De Valera's case it was Sir
Basil Goulding's father ,. Sir Lingard Amphlett Goulding
(2nd. Baronet ) ,
and Governor of the Bank of
Ireland , who bought his election ' victory ' in 1932 ......
}
1998
December
.01 The gardai involved along with
DETECTIVE JOSEPH ENRIGHT ( 00139J ) of CLONTARF
GARDA STATION were :
Garda Name

(Garda Number )

( 1 ) DAVID GALLAGHER ( 25983G )

who struck the owner of no. 372
Clontarf Road across the back of the head while he was
handcuffed ! Also present as

witnesses and active participants

to the ILLEGAL-FORCED-ENTRY of no. 372 Clontarf Road ,
Dublin 3 , Eire , (on
Tuesday , the first of December ,
1998 , at 1:00 p.m. , approximately ) and the subsequent
ASSAULT and ILLEGALDETENTION of the owner , Mr. Rory
Maguire( lately of 48 Dollymount Park , Clontarf , Dublin
3 ) were the
FOLLOWING GARDAI ( $$$$ )
GARDAI :
( 2 ) M. CREHAN ( 00846L )
( 3 ) F. OLOHAN ( 00811G )
( 4 ) J. KIRWAN ( 00554A )
NO WARRANT WAS |EVER
PRODUCED - either at the time ( 1st. December 1998 ) or
later in ANY of the following District Court hearings ;
and the so-called legal aid granted by Justice Miriam
Malone in the District Court at
the first hearing of the case , on
the Wednesday morning of the 3rd of December 1998 , at
10:00 a.m. in Dublin
Metropolitan District Court
Number 44 ; in the person of Miss Jenny McGeever
,apprentice solicitor , of the
liars/lawyers :
TERENCE LYONS & CO. ,
criminal ...solicitors ... ,
Arran Quay ,
Dublin 7 ,
Eire
who was later to be promoted to
the District Court and therby to be taken off the case made absolutely No
REFERENCE TO this FACT in Court.
Even when JUDGE MIRIAM MALONE , at the THIRD
HEARING of the

case , on the Wednesday morning

, of the 16th of December 1998 , threatened to throw the
case out of court if the
BOOK OF EVIDENCE was not
presented at the next hearing.( January 1999 )
At the NEXT REMAND , the
ORIGONAL JUDGE , Judge MIRIAM MALONE was NOT
presiding.
...and Ms Jenny McGeever , who
was ...ostensibly... representing the owner of no. 372
Clontarf Road made NO
OBJECTION WHATSOEVER to the
request of the prosecutions main witness :
DETECTIVE JOSEPH ENRIGHT
, for yet another adjournment : as
a medical report was being prepared on behalf of (the)
detective ( ?? ) who
supposedly sustained a broken
arm during the ILLEGAL-FORCED-ENTRY of no. 372 Clontarf
Road , Dublin 3
on the 1st of December 1998.
The case was remanded 6 times
before 4 different Judges in Court no 44 from December
1998 to November 1999
( $$$$$ ) 3 months after no. 372
Clontarf Road , Dublin 3 , was put on the Market by Mr
Maguire , in August 1999
, and sold by tender to Adam
Clarke , of :
Hamilton Osbourne King , estate agents ,
Molesworth Street ,
who acted ' in trust ' ...for the
Dublin Corpoations favoured developer :
G. SAUNDERS & COMPANY LIMITED
{ Incidentially, Gerard McCarthy of
Hamilton Osbourne King , Molesworth Street , Dublin had
previously acted for the

owner , Mr. Rory Maguire in

Valuing No. 372 Clontarf Road , Dublin 3 in 1996 for the
purposes of Stamp Duty
calculation/Capital Gains as a
result of the ongoing Conveyance of no. 372 from Mrs.
Nora Maguire to Mr. Rory
Maguire being orchestrated - since
1991 - by :
John OConnor , solicitor ,
168 Pembroke Road ,
Balls Bridge ,
Dublin 4 ,
Eire ,

1998
December
.00 A tax-liability on some IR2.0
million punts of "...personal financial gifts..." to Mr
Charles Haughey levied by the Revenue
Commissioners was ' CANCELLED
' by the Appeals Commissioner , Mr. Ronan O'Kelly - a
brother-in-law of the new
Prime Minister of Eire , Mr. B.
Ahern !
1998
December
.00 The Special Share retained by the
MINISTER FOR FINANCE in Irish Life plc is ' CANCELLED ' in
December 1998.
1998
December
.31 On the 31st December 1998 , the
banking business of GUINNESS MAHON & COMPANY LTD in
the U.K. was
acquired by INVESTEC BANK(UK)
LIMITED...

Gerard Delaney , of :
14 Temple Park ,
Dartry ,
Dublin 6 ,
Tel : 496 0810
the Company Secretary of Smurfit
Finance Limited , WHO later resigned as Director and
Secretary on the 23rd. of July
1998.
He was replaced by John McNicholl
, 10 The Gallops , Dublin Road , Naas , Co. Kildare
At the 16th. of September 1998 ,
title to 373 Clontarf Road , was still VESTED in the Dublin
Corporation - according
to the Land Registry at :

Setanta House ,
Nassau Street ,
Dublin 2
- even though Mr. Costellos
workmen had ALREADY built a TWO-STOREY house on the
front portion( $$$ ) of the
site ( with a more recent Planning
Application submitted to the Dublin Corporation , [ Plan
Ref no. 2278/98 ] , for a
tiled-roof extension , effectively
making it a THREE-STOREY house ...using a cunning
STEPPING-STONE
approach .
In the aforementioned planning
application , Mr. Costellos architect , Mr. ONeill, claims a
FREEHOLD TITLE to
the property even though legally
, Margart Murphys land at 373 Clontarf Road is still , at
this point in time , in the

name of the DUBLIN

CORPORATION..!!!???
A previous application , to extend
Mr Costello's roof [ Plan Ref No. 1953/98 ] was withdrawn
in early August 1998
after Mr Maguire submitted
objections to the Planning Department of the Dublin
Corpopration ...!
The Corporation is presently
awaiting more information from the developers at the
moment ( September 1998 )
1999
.00 The new Prime Minister of Eire , Mr
B. Ahern announces with... much fanfare... a NEW
DRAINAGE SCHEME for
NORTH COUNTY DUBLIN
( including the Clontarf area ...
1999
April
.21 On the 21st of April 1999 IRISH
LIFE PLC merged into IRISH PERMANENT PLC becoming :
IRISH LIFE & PERMANENT PLC
; IRISH LIFE PLC in the process
becoming ...a SUBSIDIARY of the new entity...
April
.21 The Irish Life & Permanent group
was created out of the merger of Irish Life plc and Irish
Permanent.
The merger brought together the
LARGEST life assurer and the LARGEST MORTGAGE
LENDER lender in the Irish
market with both companies
having market shares in excess of 20% in their respective
markets.
The address of IRISH LIFE &

PERMANENT PLC , is :
Irish Life Centre ,
Lr. Abbey Street ,
Dublin 1 ,
Tel : 704 2000 and 661 5577 ,
Fax : 704 1908 and 661 5828 ,
Email : irishlifepermanent.ie ,
also
Group Treasury ,
Custom House Plaza 4 ,
International Financial Services Centre ,
Dublin 1 ,
{ The group had total assets of 31
BILLION at December 31st 2000 and shareholders' equity
of 2 BILLION. The
group is strongly capitalised
with both its capital adequacy and solvency ratios
substantially in excess of regulatory
requirement ... }
1999
May
.18 On the18th May 1999 the Planning
Department of Dublin Corporation , at :
Block 4 ,
Civic Offices ,
Wood Quay ,
Dublin 8 ,
Tel : 672 2222 ,
Fax : 670 7861 ,
by Order , decided to grant
permission to Mr. Alan Costello , now with a NEW ADDRESS
at 373 Clontarf Road ,
Dublin 3 for :
"...A new pitched roof over existing flat roof for use as
residential accommodation and for provision of conservatory to rear of previously approved house(Reg-

ister Reference (1301/96) and also for the retention

of alterations to include interalia windows , front garden
wall, use of front section of roof as balcony , internal
changes and new party wall with No.372, Clontarf
Road..."
[ PLAN NO : 2278/98 ]
{ The previous front wall extending from the ground-floor
shop at 372 Clontarf Road to the footpath of the Clontarf
Road( and,
which was standing on the 372 Clontarf Road side ) was
{ The previous front wall
extending from the ground-floor shop at 372 Clontarf Road
to the western footpath of the
Clontarf Road( and , which was
standing on the 372 Clontarf Road side ) had firstly been
undermined by the
' THREE WORKERS ' of Mr. Alan
Costello and as a con sequence of the subsequent
weakening thereof ,
provided the "justification " for
the PLANNED DEMOLITION of the wall - with the " con
sent" and ' approval ' of
the DUBLIN CORPORATION on
the 13th May 1998.....}
1999
June
.00 In June 1999 , coincidentially ,
Hamilton Osbourne King of Molesworth Street acted for
SMURFIT FINANCE LTD
in the '... quick-disposal...' of the
Company to EQUITY BANK (a subsidiary of the BANK OF
SCOTLAND ) of :
' Canada House ' ,
65-68 St. Stephens Green ,
Dublin 2 ,
Tel : 408 3500 ,
Fax : 475 7143 ,
Email : desk@equitybank.ie
several weeks before Mr. Mulligan
of their Vernon Avenue branch made an invitation to the
owner of 372 Clontarf Road ,

Mr Rory Maguire (in June 1999) to

enter into discussions in order to purchase the property on
behalf of .
...anonymous clientswhose
Company face/mask turned out to be ... the Dublin
Corporation's favoured developer ...
...
G. SAUNDERS & COMPANY LIMITED
1999
October
.00 Mr. B. Ahern , the Prime Minister of
Eire and three former Ministers for FINANCE were required
to give evidence to
the Public Accounts Committee
setup by Parliament to investigate the 30% of the
country's Bank deposits held in
non-resident accounts. ( IR3,000
million as of November 1998 )
2000
May
.04 On the 4th of May 2000 , was sold
to HAMILTON OSBOURNE KING , estate agents , acting " in
trust " for unknown
purchasers...( Mr Adam Clarke ,
manager of their VERNON Avenue branch submitted their
bid... )
Later , it " ...appeared " that the
unknown purchasers , whom HAMILTON OSBOURNE KING ,
estate agents , were acting
" in trust " for , was /is :
G. SAUNDERS & COMPANY LIMITED
Sir Basil quits Hibernian Insurance board " ...
Sir Basil Goulding , it was
announced yesterday , has resigned from the board of
Hibernian Insurance
because of the acquisition by
Fitzwilton ( of which he is chairman ) of a stake in New
Ireland Assurance
[ Bill Murdoch , Irish Times ,
Saturday November 11th. , 1972 ]
1977
November
.07 " Guinness & Mahon equity capital

to be Irish - owned "

Guinness & Mahon , the Dublinbased merchant banking subsidiary of Guinness Mahon ,
London has introduced Irish
ownership into its equity capital.
This has been arranged by the issue of 1.2m. of 6%
convertible unsecured loan stock
1982 which has already been half
paid up.
The parent company ,
Guinness Mahon , which is publicly quoted , has agreed to
take up half ( 600,000 ) of the loan
stock and the balance has been
privately placed with Irish institutions and individuals ,
including directors and managers of
the Dublin bank , who are
resident in this country.
The stock is convertible into
ordinary shares in Guinness and Mahon , on the basis of 4
shares for every 11 of stock
( or 275p per share ).
On full conversion , the Irishresidents would end up controlling 15% of the Dublin
bank's equity. The Central Bank
of Ireland has stated that it
would favour Irish participation in foreign banks
established here.
A spokesman for Guinness and
Mahon yesterday said the reason for the introduction of
the con-vertible loan stock
was to provide additional funds
for the continued expansion of its business and to
introduce Irish ownership.
The names of the Irish
institutions have not been published but it understood that
they are the New Ireland Assurance
and its subsidiary , the Irish
National Insurance.
On full conversion of the loan
stock they would control 5% of the Dublin bank , while the
directors and managers of

Guinness and Mahon would hold

around 7%.
Con version is expected within a
few years.
[ Bill Murdoch , Irish Times ,
Monday November 7th. , 1977 , page 14 ]
1980
Feburary
.07 Plan drawn-up for the ..." Derelict
site at 373 Clontarf Road "... ( Area 1235 m .305 Acre ,
and containing the late Margaret
Murphy's structurally-sound
single-storey cottage ) by :
Mr Michael R. Doyle ,
Drawing Office ,
Dublin Corporation Engineering
Department ,
[ INDEX No. 10360/1 ]
1982
Feburary

.22 " Juggling with the political figures

"
So Mr Haughey starts as
favourite to cobble enough independent support to return
him to office.
...
With support from Mr Neil
Blaney , Independent Fianna Fail(sic) , he would have 82
votes and would need only another
two for an overall majority.
[ Richard Ford , The Times ,
Monday Feburary 22nd. , 1982 , page 2 ]
1988
November
.30 In a letter from the Minister for
Social Welfare , Dr Michael Woods T.D. , dated 30th
November 1988 (Wednesday ) to
the Minister of State and
Government Chief Whip( under Mr Charles J. Haughey ) ,
Mr Vincent Brady T.D. , regarding
the old age pension claim ( Ref :

02-566 3866K/02-1780510 ) of Mr William Maguire and his

wife ,
Mr Michael Woods writes :
..." I wish to let you know that it
was decided by a Deciding Officer on 25th October 1988
that Mr and
Mrs Maguire are each entitled
to pension at the reduced weekly rate of 15.10 from 10th
June 1988.
...This is the rate to which they
are entitled to having regard to their means which are
assessed as
follow :
Capital 38,812.56
Net Yearly Value

3,907.56

( which includes the capital

value of shop() on Clontarf Rd. )
Moiety ( half the total
means of a married couple )
1,953.78
Weekly Means

37.57

Under the provisions of the

Social Welfare Acts any property that is not personally
used or
enjoyed must be assessed as
means for pension purposes. Accordingly the capital
value
of a shop() owned by Mr
Maguire has been assessed with the capital value of
36,000 as
verified by the commissioner of
valuation.
This is in accordance with the
rules as the calculation of means as contained in the Third
Schedule of the Social
Welfare( Con solidation ) Act , 1981 .

Your sincerely
Michael
DR MICHAEL WOODS T.D.
Minister for Social Welfare
"...
{ ...372 Clontarf Road , Dublin
3 , Eire }
1988
December
.02 In a letter , dated the 2nd
December 1988 , from the Minister of State at the
Department of the Prime Minister
( Mr Charles J. Haughey ) , the
Government Chief Whip, Mr Vincent Brady T.D. (His Ref:
PC/DG) wrote to
Mr William Maguire's wife , Mrs
Nora Maguire regarding :
..." the rate of payment of old age
pension made to both you and your husband.
You will note that unfortunately
you are each entitled to a pension at a rate of only 16.50
per week as a result of the
means which are assessed against you.
Your means I note from the
enclosed reply() include the capital value of the shop()
on
Clontarf Road.
This valuation of 36,000 has
been verified by the Commissioner of valuation.
Yours sincerely ,
Vincent Brady
Vincent Brady T.D.

Minister of State and

Government Chief Whip
"...
{ ...372 Clontarf Road , Dublin
3 , Eire }
{ ...the letter from Minister
for Social Welfare , Dr. Michael Woods T.D. , dated 30th
November 1988 to the
Minister of State and
Government Chief Whip( under Mr Charles J. Haughey ) ,
Mr Vincent Brady T.D.
}
1990
Feburary
.05 Debenture , dated the 5th of
Feburary 1990 , created by G. SAUNDERS & COMPANY
LIMITED ; the persons
entitled to the Debenture Charge
are :
GUINNESS + MAHON LIMITED() ,
merchant Bankers , of
17 College Green ,
Dublin 2
The amount secured by the
Charge is for ...:
" all sums now due or hereafter to
become due from the Company to the Bank in any manner
whatsoever . "...
.
The document [ Company no.
034654 Doc. Seq. no. 017 ] was presented by the
solicitors for GUINNESS &
MAHON LIMITED :
Richard J. Black & Co. , solicitors , of
'
Kinnear Court ' ,
16/20 Cumberland Street South ,
Dublin 2

The document was signed and

dated the 5th. Feburary 1990 by Mr Richard J. Black & Co. ,
solicitors for GUINNESS
& MAHON LIMITED and the
particulars... were NOT VERIFIED... by anyone......instead
there was a stamp with the
legend...Certified Copy of Deed
Submitted...
The document was egistered on
the 8th. of Feburary 1990, in the Companies Registration
Office.
...more accurately , GUINNESS & MAHON LIMITED
1992
January
.26 " Three-quarters of Irish voters
want Haughey out "
Mr Ahern who recently talked
publicly of his marital difficulties and his support for
amending Ireland's con stitutional ban
on divorce , had said he would not
run.
He has been under strong pressure
to do so from the Haughey camp.
His only public comment has been
to say it was ' inappropriate ' for anyone to be canvassing
for a job that
was not yet vacant.
Other possible candidates
include : the Health Minister , Mary O'Rourke , Gerry
Collins (Foreign Affairs )
and Michael Woods ( Minister for
the Environment )
[ Alan Murdoch , Independent on
Sunday , January 26th , 1992 ]
1992
January
.28 " Haughey 'is ready to step down
as leader' "
Speculation that Charles Haughey ,
the Irish Premier , is about to resign intensified last night

after a
statement from the 66-year-old
leader of the Fianna Fail party that he was not endorsing
any particular
candidate to succeed him.
His supporters are in little
doubt that his preferred choice as successor would be the
younger ,
and liberal-inclined , finance
minister , Bertie Ahern.
[ Alan Murdoch , Independent ,
January 28th , 1992 ]
1992
August
.02 " Inquiry takes Smurft to task "
The Irish industrialist Michael
Smurfit suffered from 'a stated lack of recollection on a
number of important and relevant
issues' in the acquisitionof
property for the state-owned Telecom Eireann , according
to an Irish government report on
the affair.
Mr Smurfit was the chairman of
Telecom in January 1990 when it agreed to pay IR pounds
9.4 million for a Dublin
site it proposed using as an HQ.
The previous year , UPH , a copany in which he had a
substantial shareholding ,
had paid IR pounds 4 million for
the same site.
In the interim , ownership of the
property changed on a number of
occasions.
Mr Smurfit resigned the Telecom
chair last September at the start of an investigation into
the deal.
The first report
of this inquiry shows the
packaging tycoon took a hands-on approach during his
tenure as unpaid chairman of Telecom.
A Smurfit advisor , Dermot
Desmond , set up UPH in November 1988.
Its main investment was the
Dublin site.
The interim owners used before

Telecom's purchase used Cyprus and Channel Islands

registered companies , which
had the effect of disguising
beneficial ownership.
In May 1989 , Mr Smurfit had
written to a number of estate agents , stating that he was
looking for a site for a new
headquarters for Telecom.
In August 1989 , Mr Desmond
told his bankers that the company was a possible
purchaser.
The Telecom board had not yet
discussed this site...
In September 1989 , Mr Smurfit
appointed himself to chair Telecom's superannuation
committee.
At his first
meeting he said he would
propose a future development...
On 17th. October 1989 , Mr
Smurfit viewed the site and told his estate agent that
Telecom would buy it .
On 24th. October 1989 , he
wrote to Telecom's pension trustees asking them to buy.
They refused !
In November 1989 , he decided
that Telecom should buy the site, on the basis of
calculations made ' on the back of
an envelope '.
He sought no
professional advice on the deal.
[ Desmond Murphy ,
Independent on Sunday , August 2nd , 1992 ]
1993
July
.15 Fixed and Floating Charge , dated
the 15th.of July 1993 , created by G. SAUNDERS &
COMPANY LIMITED ; the
persons entitled to the Charge
are :
SMURFIT FINANCE LIMITED ( ) ,
94 ST. STEPHENS GREEN ,
DUBLIN 2
The amount secured by the

Charge is 250,000.00.
The document [ Company no.
034654 Doc. Seq. no. 022 ] was presented by the
solicitors for Smurfit Finance
Limited :
EUGENE F. COLLINS , solicitors , of
61 Fitzwilliam Square ,
Dublin 2
Tel : 676 1924 or 678 5766
Fax : 661 8906
The document was signed and dated the 16th. of July
1993 by Mr Gerard Delaney , chartered accountant , of :
14 Temple Park ,
Dartry ,
Dublin 6 ,
, the Company Secretary (Date of
birth : 12/10/1955 ) of SMURFIT FINANCE LIMITED and the
particulars
verified , oddly enough , the
previous day (15th July 1993 ) by Mr Alan Costello and his
wife , Mrs Kay Costello ,
directors , for and on behalf of , G.
SAUNDERS & COMPANY LIMITED and also by ...
Mr CATHAL O'NEILL () ,
solicitor ...
The document was egistered on the 16th. of
January 1993 , in the Companies Registration Office.
...the registered name of the
Company trading as SMURFIT FINANCE & LEASING of :
94 ST. STEPHENS GREEN ,
DUBLIN 2 ,
Tel : 478 1577 ,
Fax : 475 3180 ,
[ Letter to the Registrar of the
Companies Registration Office ( then at Dublin Castle ,
Dublin 2 ) , dated 20th December
1996 , from Mr Gerard Delaney ,
Director/ Secretary of SMURFIT FINANCE LIMITED ,
Re: Smurfit Finance Ltd Company Number 065808 - year ended 31/12/95 ]

...the solicitor acting for G.

SAUNDERS & COMPANY LTD who later used HAMILTON
OSBOURNE KING ,
estate agents as a FRONT
( HOK acting " in-trust " ...) for their tender-bid for 372
Clontarf Road , Dublin 3 on the
September 1999.
1993
July
.15 Floating Charge , dated the 15th.of
July 1993 , created by COURTHAMPTON WAREHOUSING
LIMITED ; the
persons entitled to the Charge
are :
SMURFIT FINANCE LIMITED ,
94 ST. STEPHENS GREEN ,
DUBLIN 2
The amount secured by the
Charge is also 250,000.00.
This document [ Company no.
128837 Doc. Seq. no. 009 ] was also presented by the
solicitors for Smurfit Finance
Limited :
EUGENE F. COLLINS , solicitors , of
61 Fitzwilliam Square ,
Dublin 2
Tel : 676 1924 or 678 5766
Fax : 661 8906
This document was again signed and dated the 16th.
of July 1993 by Mr Gerard Delaney , chartered accountant ,
of :
14 Temple Park ,
Dartry ,
Dublin 6 ,
, the Company Secretary (Date of
birth : 12/10/1955 ) of SMURFIT FINANCE LIMITED and the
particulars
verified , like the corresponding
document for G. SAUNDERS & COMPANY LIMITED , the

previous day
(15th July 1993 ) by Mr Alan
Costello and his wife , Mrs Kay Costello , as directors , for
(this time ) and on behalf of ,
COURTHAMPTON WAREHOUSING LIMITED... and also by...
Mr CATHAL O'NEILL , solicitor ...
This document was ALSOegistered on the 16th. of
January 1993 , in the Companies Registration Office.
1994
September
.01 " Irish Permanent buys Guinness
and Mahon for 6.7 million."
The Irish Permanent Building
Society , which is expected to be floated on the Stock
Market in late October , has moved into
the private banking market with
the acquisition of Guinness and Mahon for 6.7 million.
Completion of the takeover
negotiations and the inclusion of full details of the deal in
the flotation documentation will delay
the announcement of the
group's first-half results and the release of its pathfinder or
preliminary prospectus which were
expected today.
The results
and the pathfinder are now expected within two to three
weeks
Irish Permanent Chief
executive Mr Roy Douglas described the takeover of
Guinness and Mahon as " consistent with our
strategy of providing a full
range of financial services to the personal market " .
Irish Permanent is paying a goodwill
premium - the excess of the
purchase price over the net assets of Guinness and Mahon
- of 1.2 million for the bank which
has concentrated on private
banking for the past 18 months.
" We are paying a premium
for the business and the name and for a vehicle for future
expansion in the niche private
banking market , " Mr Douglas

said.
Guinness and Mahon has a total client list of
about 4,000 , but the active private
client list is about 1,000
customers , according to Mr Douglas.
Irish Permanent
intends to add new products and services
to the Guinness and Mahon
operation which will be run as an autonomous subsidiary
of the building society.
Irish Permanent will use its
existing customer base as a source of new clients for the
private banking operation , he said ,
adding that as the economy
improves the demand for private banking is expected to
grow strongly over the next four to five
years.
The takeover , like
the recent 30.5 million takeover of the Prudential Life of
Ireland , will be funded out of cash
resources , he said , adding that
the goodwill element is " not significant " .
Guinness and Mahon , set up
in 1836 as a subsidiary of Guinness and Mahon & Co.
London which is now owned by the
Bank of Yokohama , specialises
in private banking - offering specialised financial services
to middle- and upper-income
groups.
The services include
private client fund management , asset-backed lending to
high net worth individuals ,
interest-bearing current
accounts , personal pension plans and stock exchange
execution services.
Irish Permanent declined to
provide full financial details of the takeover in advance of
the pathfinder document. The
Guinness and Mahon operation
is understood to have suffered heavy losses in recent
years in merchant and corporate
banking operations and has
built up tax-losses which can be used to reduce the tax
charge on profits in future years.
The bank which currently has
about 40 million of clients funds under management , is

currently trading " at a touch

below break-even " , Mr Douglas
said.
But he expects that the introduction of Irish
Permanent customers will
" push the bank into the
black ..." this year with , with significant growth expected
in future years.
Asked if further acquisitions are
planned , Mr Douglas said that Irish Permanent has now
made two significant acquisitions
to ensure that it can provide a
full range of financial services to the personal market.
" Our task now is to make sure
that the group is con solidated ,
to focus on bedding-down the acquisitions and then to
expand what we have got. "
Mr Douglas will become
chairman of Guinness and Mahon while Irish Permanent
directors , Mr Peter Ledbetter and
Mr Peter Fitzpatrick will be
appointed directors.
The current Guinness and Mahon
chairman , Professor Charles Dillon ,
will remain on the board and
will act as " chairman-alternate ".
Irish Permanent plans to
recruit a new chief executive for the operation .
Mr
Douglas said the " high-quality "
appointment may be from
inside or outside the company and added that the 28
employees of Guinness and Mahon are
expected to remain with the
company.
[ Mary Canniffe , Irish Times ,
Thursday September 1st. , 1994 , page 18 ; Business and
Finance ]
1994
September

.01 " Executive director "

Mr Walter Hobbs has been
appointed an executive director of ACT Venture Capital ,
which was formed by Mr Niall

Carroll who resigned as head of

AIB International Con sultants in May.
Mr Hobbs had
been a director of AIB's
Corporate Finance operations
since 1987.
His resignation from AIB was " totally
amicable " , said Mr Carroll
" I am building up the team and
needed someone with wider Corporate financial
experience ".
[ Irish Times , Thursday
September 1st. , 1994 , page 18 ; Business and Finance ]
1994
September
.01 " Permanent ties up 7m.
Guinness and Mahon deal "
THE FINAL piece in the Irish
Permanent's strategy to provide a full retail service to
personal customers fell into place
yesterday with completion of
the takeover of the small Dublin bank Guinness and
Mahon.
It follows the establishment of
a car and personal finance subsidiary , Irish Permanent
Finance , a couple of years ago
and the more recent 30m
takeover of Prudential Life.
The expansion of the Society
and its con version from mutual to plc status will crystalise
further in the middle of this month
when the Permanent is
expected to publish the " pathfinder " prospectus which
will set the final scene for its stock market
launch as Irish Permanent PLC
in October.
Guinness and Mahon is being
bought for 6.7m. - a 1.2m. goodwill premium over book
value.
Its acquisition takes the Irish
Permanent into the growing niche market of private
banking and into direct competition in
this sector with the Bank of

Ireland and other banks such as Banque National de Paris

and ABN Amro.
" With this acquisition , we
now have the basic building blocks in place to provide the
full range of services to the
personal retail market , "
commented Irish Permanent chief executive Roy Douglas
yesterday.
" The focus from now on will
be on con solidating and developing what we've got , " he
added , ruling out any interest
for the time being in an
expansion outside of Ireland.
Founded in 1836 , Guinness &
Mahon is a subsidiary of Guinness Mahon & Co. of London
and ultimatey owned by
the Bank of Yokohama .
It is
probably the second oldest bank in the State , after Bank
of Ireland , but has retrenched considerably since its
heyday.
Once a major merchant bank ,
active in the heart of Dublin's corporate and commercial
banking life , Guinness &
Mahon has in more recent times
concentrated on private banking.
One of the attractions from
the Irish Permanent's viewpoint was the famous name ,
which will now change slightly
to Guinness & Mahon
( Ireland ) , and operate as an autonomous company
within the group.
Mr Douglas , who is joining
the G & M board as chairman , along with fellow IP
executive directors Peter
Leadbetter and Peter Fitzpatrick
, said :
" We would expect to see these activities expanded and
developed. "
Professor Charles Dillon
remains a director of G & M , for which a new chief

executive is being recruited.

[ Cyril Hardiman , Evening
Herald ,Thursday September 1st.,1994 , page 12 ;
Business and Recruitment Supplement ]
1994
September
.03 " TSB trustees agree to provide
information to Ulster Bank "
TSB Bank trustees , in response to a
request from advisors to the Minister for Finance (BA) ,
have agreed to provide
Ulster Bank with information to
allow it to complete its assessment of TSB as the battle for
control of the bank intensifies.
The climbdown by TSB follows
its earlier insistance that it would not allow any other
potential suitors to examine the
accounts and business
operations in advance of a decision from the Minister for
Finance on the 102 million bid for
the bank from National Australa
Bank last May.
However , it was unclear last
night exactly how much information TSB will provide to
Ulster Bank , which , like the
National Australia-owned
National Irish Bank , competes with TSB in the Irish Retail
banking market.
A TSB spokesman pointed out
that the advisors , Stokes Kennedy Crowley Corporate
Finance(NC) , have asked that the
bank provide Ulster (Bank) " with
as much information as possible within the con straints of
the two banks as
competitors in the market... "
He declined to discuss what information will be released to
Ulster.
Ulster , which made its 112
milion bid for TSB subject to a due diligence examination
because the trustees refused

to allow it to assess the business

, welcomed the TSB decision last night.
Regional
director , Mr John McNally ,
said he was " delighted that the
trustees have agreed to talk to us ".
Ulster needs information to
allow an assessment of TSB's business figures , its position
in the market and its strategic
and operational plans , he said .
He declined to specify the information required.
...
Ulster will now talk to SKC
Corporate Finance " to agree a basis on which these talks
can take place " , he said .
But Mr McNally added that "
National Australlia Bank had a long time to examine TSB
and we will have to see what
time scale we have to examine
the business ".
Ulster will want to establish with the
advisors what information will be
provided by TSB " to achieve a
level playing field ", he added.
" We want to proceed as
possible , " Mr McNally said.
With advisors SKC , solicitors ,
William Fry , and London investment bankers , N.M.
Rotschild , due to report
to Mr Ahern by the end of
September , the time left for examination will be limited.
The advisors brief is to list and
evaluate all the options open to
the Government in respect of TSB , and the State-owned
ACC and ICC banks.
Their report will include a
valuation of TSB , assessments of the NAB and the Ulster
bids for TSB , as well as any
other bids.
TSB's decision to provide
information to Ulster follows discussions between the
advisors and TSB earlier this week.
The trustee's were told that
the advisors work would be " greatly facilitated " if certain

information was made

available to Ulster.
It is understood that the
trustee's were advised that they were not entitled to
restrict information to one party only
under the Trustee Savings Banks
Act 1989.
They were advised that it would be
impossible for the Minister for
Finance to approve the sale of the
bank to one bidder when other serious potential bidders
were effectively excluded
from the deal by the trustees
refusal to provide the information required to make a
realistic bid.
The TSB Bank is not owned by
the State , but under the 1989 Act , taxpayers , through
the Minister for Finance ,
get any proceeds of the sale of
the Bank.
Mr Ahern has to ensure that the taxpayer
gets the best value available,
con sistent with increasing
competition in the banking sector and protecting
employment at TSB.
After TSB wrote to Ulster
yesterday morning , the bank , which is owned by the
British-based National Westminster
Bank , responded to TSB stating a
basis for talks should be agreed.
No meetings had
been arranged last night but
the parties are expected to meet
next week.
While the advisors sought " access to the
trustees , to management and
to information " for Ulster , it is
not clear if the advisors brief includes acting as an
intermediary to get talks started
between the two banks.
TSB said last night that
National Australia has been informed of its decision to talk
to Ulster.
TSB chief executive,
Mr Harry Lorton , talked to
National Australia management in Australia and London to
explain the move.

NAB " understands the

Minister's position " , according to TSB.
Meanwhile , Woodchester
Credit Lyonnais Bank , which has expressed an interest in
the TSB but has not made
a bid for the bank , welcomed
the TSB move.
" This goes some way to
meeting the requirement for a level playing field , " a
spokesman said. Declining to
reveal if Woodchester will now
bid for TSB , he said :
" We will now seriously look at
the possibilities arising out of today's announcement. "
[ Mary Canniffe , Irish Times ,
Saturday September 3rd , 1994 , page 14 ; Business and
Finance ]
BA...Mr B Ahern was
appointed Minister for Finance by Mr Charles J
Haughey ....................in 1991.
...Mr B Ahern was made
Chairman of the European Investment
Bank ................................... in 1991.
...Mr B Ahern was awarded
Grand Cross,Order of Merit with Star and Sash
(Germany).... in 1991.
NC...Niall Crowley , former
managing partner and con sultant to Stokes Kennedy
Crowley, chartered accountants ,
and the brother of Judge Timothy Halpin Crowley was
made a director of J. Rothschild
International Assurance in
1992.
Stokes Kennedy Crowley
represents KPMG (formerly Peat Marwick Mitchell & Co.) in
Ireland - at this time.

1994
October
.27 Letter from John O' Connor [ Ref :
JOC / DM ] , solicitor , to Mrs Nora Maguire of :
39A Blenheim Crescent ,
Holland Park ,
London W11 2EF ,
England
regarding the ' agreement ' with
the Trustee's of the Robb Estate - their solicitor at this time
was badgering John O'Connor
with phone calls( which he was
unable to take ...)
1995
November
.03 Letter from the Collector of
Municipal Rates , Mr. Patrick Lawlor [ Ref :
Re :
Premises at 372 Pt Clontarf Road
Rate No : 132 0163 000

] , of :

Finance Officer & Treasurer's Department, Rates Office ,

16 Castle Street ,
Dublin 2
Tel : 679 6111
Fax : 679 3051
to Mrs Nora Maguire , advising
that Mr Alan Costello's daughter , Ms. Niamh Costello has
discharged the rates on the
Premises at 372 Pt Clontarf
Road ...:
..." to 31st October 1995 .
The sum of 193.24 remains outstanding in respect of the
1995
Rating year.
I advise that you are
not entitled to any vacancy relief in respect of the current
year and
therefore request
payment of the outstanding balance in this regard.
"...
{ The 193.24 was later paid by

Mrs Nora Maguire - even though the premises remained

vacant after the enforced
departure of Mr Alan Costello's
daughter...
There is also a photocopy of
computer-generated printout of a Municipal Rate demand
from the Dublin Corporation
Rat es Office addressed to :
NIAMH COSTELLO
372 PT. CLONTARF ROAD
DUBLIN 03
over the premises

SHOP ( GR.FL. )
372 PT. CLONTARF ROAD
RATE No./UIMH RT A. 132 0163 000
Rating Id./Rt a Uimh.
004018
for the year ending 31st.
December 1993 ().
The Rateable Valuation was given
as 34.00 and the Assessable
Valuation was also given as
34.00 with the CURRENT RATES (for) 1993 given as
1063.52.
BUT , underneath the
Assessable Valuation was printed ..." CREDIT " and the
corresponding entry beneath the
CURRENT RATES (for) 1993 was
printed ..." 1063.52..." ...
In other words , the Dublin
Corporation Rat es Office , where Mr Patrick Lawlor was
the Collector of Municipal
Rates , gave Mr Alan Costello's
daughter a rates CREDIT for the whole of 1993.
How very generous of them...
The computer-generated

Municipal Rat e demand printout DID NOT INCLUDE any

date of Service of the
Notice ..., but was issued
automatically before the 1st of July 1993.
}
...Ms Niamh Costello began her tenancy of the
ground-floor shop at 372 Clontarf Road in May 1993...!!!
1995
December
.21 Mortgage , dated the 21st. of
December 1995 , created by G. SAUNDERS & COMPANY
LIMITED ; the persons
entitled to the Charge are :
SMURFIT FINANCE LIMITED ,
94 ST. STEPHENS GREEN ,
DUBLIN 2
The amount secured by the
Charge is for ..." all sums due or to become due by the
Company to Smurfit Finance
Limited "...
The document [ Company no.
034654 Doc. Seq. no. 033 ] was presented by the
solicitors for Smurfit Finance
Limited :
Whitney , Moore & Keller , solicitors , of
' Wilton Park House ' ,
Wilton Place ,
Dublin 2
The document was signed and dated the 21st
December 1995 by Mr Alan Costello , the
Director/Secretary of
G. SAUNDERS & COMPANY LIMITED and the
particulars verified by Agnes Proctor ( p.p.) , on behalf of
Whitney , Moore & Keller , solicitors for SMURFIT
FINANCE LIMITED.
The document was egistered on the 9th. of January
1996 , in the Companies Registration Office.
In the Annual Return of SMURFIT
FINANCE LIMITED.( Company no. 065808 ) for the year

ended 31st December

1995 under NOTES TO THE
FINANCIAL STATEMENTS , Section 19 : Directors share
interests :
Directors share interests in the
share capital of the ultimate holding company JEFFERSON
SMURFIT GROUP plc
at 31 December 1995 and 31
December 1994 were as follows :
Ordinary shares of IR1 each
1995

1994

Director
( Date of Birth ) Occupation

Address

Laurence Anthony Ritchie

'
Glen Erin ' ,
( 04/10/1946 ) Chartered Accountant
269,946
128,924
The
Burrow ,
Portrane ,
Co.
Dublin(North)
Raymond Michael Curran 17 Ard Na
Mara (13/05/1946 )
Chartered Accountant
29,430
8,485
( 1 )
Crescent ,
Malahide ,
Co.
Dublin(North) ,
Tel
845 1257
S. A. Kerr
Chartered Accountant
22,478

11,239

Michael John Hickey

9
Seaview Park , (22/01/1944) Chartered Accountant

20,834

8,600

Shankhill ,
Co.
Dublin(South)
Malcolm William Taylor
6
Rostrevor Road ,(10/04/1942)
Chartered Accountant
7,428
2,714
Dublin 6
Conrad Patrick Lyons
5
Aspen Park , (22/04/1963) Chartered Accountant
6,960
2,000
Carriglea Downs ,
Dun
Laoghaire ,
Co.
Dublin(South)
Gerard Delaney ( 2 )
14
Temple Park , (12/10/1955)
Chartered Accountant
4,774
1,669
Dartry
,
Dublin 6
J. Barnes
Chartered Accountant
750
-

1... Ms Maeve Curran took up the tenancy of

371 Clontarf Road( previously held by Dollymount
Appliances ) between
1996 and 1997.
2...Gerard Delaney signed both the Charges
created by G. SAUNDERS & COMPANY LIMITED and
COURTHAMPTON
WAREHOUSING LIMITED on the 15th July 1993 , on behalf
of SMURFIT FINANCE
LIMITED.
Mr Gerard
Delaney resigned on the 23rd July 1998.

1996
June
.12 " Four executive directors of Bank
of Ireland share 1.2 m remuneration "
The four executive directors of
Bank of Ireland shared total remuneraion of 1,234,000 for
the year to end March , an
average of 308,500 each.
The bank's annual report
issued yesterday revealed that its mortgage subsidiary in
Britain , BIM , is currently defending
two legal actions taken by the
receiver and funding banks of The Housing Corporation.
Now in receivership , The
Housing Corporation was a small
niche lender in the British mortgage market in the 1980's.
A Bank of Ireland spokesman
refused to comment further on the actions yesterday.
These are being " strenuously
defended " according to the
Annual Report.
...
The four executive directors Mr Pat Molloy , Mr Maurice Keane , Mr Michael Meagher
and Mr Pat McDowell
- shared salaries of 755,000
each , an average of 188,750 each.
The total cost of
salaries for executive directors
was 620,000 in the previous
year , an average of 187,870 each.
Their performance bonuses
rose from a total of 290,000 to 308,000 , an average of
77,000each.
Other
remuneration included the cash
value of shares received under employee share schemes ,
an average of 14,000 each ,
benefits such as company cars
and loans at preferential staff rates , an average of 9,500
each ; and pension contributions ,
an average of 19,250 for each
director.
The 6.2 per cent rise in the

performance bonuses paid by Bank of Ireland reflects the

14 per cent rise in pre-tax profits
at the group to 363.7 million
for the year to end March.
Performance bonuses can
range between zero and 40 per
cent of basic salary at the bank.
...
The Governor of the Bank , Mr
Howard Kilroy , and the deputy Governor , Mr Laurence
Crowley , shared total
salaries of 161,000 , up from
155,000 in the previous year and an average of 80,500
each.
Non-executive
directors shared fees of
152,000 , down from 166,000 , reflecting the retirement
of Mr David Kennedy during
the year. , and an average
payment of 20,937 to each director.
The chief executive , Mr Pat
Molloy , got 100,000 new share options last year to bring
his total options to 598,082
He would have to pay 332 p.
per share to exercise his new options.
At yesterday's
closing price he would
make a paper profit of 110,500
if he exercised his options.
If he acquired all the shares
over which he has options at the weighed average
exercise price of 199 p. per share ,
his paper profit would be
1,459,320.
Mr Michael Meagher exercised 108,934
share options paying 135.8 p.
per share to increase his holding
in the group from 193,144 to 303,401 shares.

[ Mary Canniffe , Irish Times ,

Wednesday June 12th. , 1996 ; Business and Finance ]
1996

June
.29 Letter from John O' Connor [ Ref :
JOC/AK/F.372 ] , solicitor , to Mrs Nora Maguire of :
Flat No. 11 ,
Thomas Darby Court ,
133 Lancaster Road ,
London W11 2EF ,
England
RE : 372 Clontarf Road ; enclosing
a draft of the Deed of Con veyance of 372 Clontarf Road
from Nora Maguire
to Rory Maguire , and in which Mr
O'Con nor states that he would ' prefer' that the said draft
Deed of Con veyance
..." is NOT EXECUTED until "...HE...
hears ..." further back from the Land Registry .
I will
then con tact you..."...
1996
July
.01 Letter from John O' Connor [ Ref :
JOC/AL/372 ] , solicitor , to Mr Rory Maguire at :
48 Dollymount Park ,
Clontarf ,
Dublin 3
RE : 372 Clontarf Road ; enclosing
a draft of the Deed of Con veyance of 372 Clontarf Road
from Nora Maguire
to Rory Maguire , and in which Mr
O'Con nor states :
..."...the title in this case is quite
complex , so I am waiting to hear from the Land Registry
about the completion of
Registration of your mother as
owner.
If so , the transfer would be in a different
format .
However , if
you have any comments in
relation to the enclosed draft con veyance , you might let
me know.
In the mean time , the deed will
have to be adjudicated for stamp duty purposes.
HAMILTON OSBORNE

KING have valued the property at

70,000.
If so , stamp duty will be at 2,100.00 ,
(ie.,3%).
You
might let me have a bank draft
made payable to the Revenue Commissioners for
2,100.00 in due course.
..."...
1997
April
.22 Receipt signed by Mr F. D.
Breitenstein , architect , of :
121 Boulevard North ,
Bayside ,
Dublin 13 ,
Tel : 832 6772 or 843 6682
mobile : 087- 287 0730 ,
for the sum of 660.00 punts ;
being the fees received from Mr Rory Maguire for the
Planning Application [ Planning Ref.
no. 0980/97 - replacement
townhouse at the rear of 372 Clontarf Road ] to refurbish
or replace no. 372A Clontarf Road
- which was in a state of decay.
1997
August
.15 Sales Invoice dated the 15th of
August 1997 , received by Mr F. D. Breitenstein ,
architect , addressed to :
BREITENSTEIN F.D.
121 BOULEVARD NORTH
BAYSIDE
DUBLIN 5 (... wrong postcode )
INVOICE No.
: 21744070
ACCOUNT No. : 893258
ORDER No.
: H09183
CREDIT TERMS : M
for the total sum of 46.88 punts ;

being the monies due to :

Independent Newspapers Marketing Ltd ,
' Independent House ' ,
90 Middle Abbey Street ,
Dublin 1. ,
P.O. Box 72 ,
Tel
: 705 5333 ,
Fax No. : 873 1172 ,
V.A.T. Reg. No. IE 45326140
Bankers : Ulster Bank Ltd. ,
Lwr O'Connell Street ,
Dublin 1. ,
BRANCH : 985040
A / C no. : 20847087
for the second newspaper notice
regarding the Planning Application [ Planning Ref. no.
0980/97 - replacement
townhouse at the rear of 372
Clontarf Road ] which Mr Breitenstein had been forced to
re-insert due to the Dublin
Corporation's insistance that
he(Mr Breitenstein) re-submit the same Planning
Application - which had already
been submitted on the 22nd of
April 1997.
DATE
DESCRIPTION
COLUMNCODE PAPER INSERT DATES no. of INSERTS
SIZE
12/08/97 DUBLIN CORPORATION
815
II
12 001
5
Mr Breitenstein felt that this
unreasonable demand was a "... delaying tactic... " by the
Dublin Corporation...in order to
facilitate the Planning Applications
[ Planning Ref. nos.1301/96 and 1306/96 ] of the Dublin
Corporation's favoured
developers...
G. SAUNDERS & COMPANY LIMITED

for the Dublin Corporation's

site( VESTING ORDER ,10th September 1992 )next door ,
at 373 Clontarf Road , Dublin 3.
1997
October

.06 " Burke urged to quit peace talks "

Politicians on both sides of the
Irish border are demanding that Ray Burke , the Irish
Foreign Minister , resigns as the
Dublin Government's
representative at tomorrow's opening of talks on Northern
Ireland , alleging corruption.
Mr
Burke says that 30,000 he
accepted from two builders was on behalf of his party and
not for Planning favours.
An UNOFFICIAL inquiry
INSTIGATED BY the Irish Prime Minister ($) revealed that
Mr Burke organised
passports for 11 arabs...
[ The Times , Monday October
6th. , 1997 , page 2 ; News in Brief ]
$...Mr. B. Ahern , accountant and
Prime Minister of Eire from 12th June 1997...
{ Note : 372A Clontarf Road ,
Dublin 3 , ..." COLLAPSED "...on Monday , the 6th. of
October 1997- according
to the ex-detective /
used-car dealer Mr Alan Costello ... }
1997
October

.08 A copy of a fax. addressed to :

by fax no 8374956
Alan Costello ,
184 Richmond Avenue ,
Dublin 3
was posted into the letterbox of :
48 Dollymount Park ,

Clontarf ,
Dublin 3
Tel : 833 6284
and another copy of the same fax
was sent , by fax , to :
H.J. Roundtree , solicitor ,
25 Upper Mount Street ,
Dublin 2 ,
Tel : 662 3005 and
662 3011 ,
mobile : 087- 251 0676 ,
Fax : 662 2828 ,
on the afternoon of Wednesday ,
the 8th of October 1997 , by :
F. D. Breitenstein ARCH . MIAA.
MBEng. ,
121 Boulevard North ,
Bayside ,
Dublin 13 ,
Tel : 832 6772 and 843 6682 ,
Fax : 832 6772 ,
the text contained within the said fax is reproduced
verbatim below :
"...re:
Party and garden wall between 372 & 373
Clonttarf Road , Dublin 3
Dear Sir,
Further to todays meeting on your construction
site at no 373 Clontarf Road, Dublin 3
suggested by and in the presence of Mr David
Doran from Dublin Corporation's
Dangerous Buildings Department, phone no 086
8150826, I confirm your undertaking
to provide structural underpinning of the existing
2 storey residential and commercial
property at no 372 Clontarf Road, Dublin owned by
Mr Maguire who was not present
at the meeting , as an integral part of the raft
foundation for the new house at 373
Clontarf Road, Dublin 3, and that you are offering
to demolish the old town house at
the rear of 372 currently the subject of an

application for permission to demolish and

replace, reg ref no 0980/97, also to demolish the
existing common garden wall at the
rear of nos 372 and 373 Clontarf Road, Dublin 3,
including removal of rubble from the
sites at 372 nad 373 Clontarf Road, Dublin 3, and
to replace the said garden wall with
a new garden wall on adequate foundations to
specifications, height and finishes subject
to all parties including Mr Maguire's and Dublin
Corporation's agreements, free of
charge to Mr Maguire.
Without prejudice to Mr Maguire
Yours Sincerely,
F D Breitenstein
copy to Mr Maguire 48 Dollymount Park
copy to Messieurs Roundtree, Mr Maguire's
Solicitors by fax, phone no 6623011
..."
1997
October
.11 " Haughey sells island to pay off
his debts "
Charles Haughey , the
disgraced former Irish Prime Minister , is selling his private
island to pay substantial tax and
legal bills incurred by a tribunal
investigating his secret 1.3 million gift from a
supermarket tycoon.
Mr Haughey is putting his
most prized asset on the market to meet the massive bills
he faces at the end of this month
when the tribunal is expected to
award costs against him.
He already faces a 1 bill for
non-payment of tax on the 1.3 million he received from
Ben Dunne, the former
chairman of Dunnes Stores
retail. chain.
But even more financially crippling is the
bill , likely to run into millions of

pounds, for his failure to cooperate with the tribunal .

The sale of Inishvickillane,
11 miles off the Kerry coast , for
between 1 and 2 million will
go some way towards meeting those costs.
The former Fianna Fail Prime
Minister bought the island in 1974 for about 25,000 .
It forms part of the Blasket
Islands and was once home to a
community of monks, who left stone relics on the island.
According to a regular visitor
to the island , Inishvickillane has a stone-clad threebedroomed house , a run-down
cottage , and a ruined church.
It has a helicopter landing area , a sheltered cove for Mr
Haughey's 50ft. ketch , a
small jetty for dinghies and its
own electrical generator.
For most of the year , it is
accessible only by helicopter.
...
One source said Mr Haughey
recently described himself as living through " miserable
times " .
Last week , he laid off five
employees on his north Dublin estate to curb costs...
Judge McCracken who chaired
the tribunal that sat for 19 days earlier this year in Dublin
Castle , is expected to demand
later this month.that Mr
Haughey pay a large part of the fees incurred for the
investigation into Mr Dunnes payments to
politicians.
...
Mr Haughey , unlike all the
other participants in the tribunal, is unlikely to have his
costs met by the state , because of his
failure to co-operate.
The
tribunal incurred massive additional costs, including a trip
to the Cayman Islands to examine

off-shore accounts, and two

days hearing in London because of Mr Haughey's
repeated denials of receiving 1.3 million
from Mr Dunne between 1987
and 1991.
However the tribunal
uncovered such strong evidence against Mr Haughey that
he was forced in July to admit the
donation.
He tried to
absolve himself of any responsibility for the money by
blaming his former accountant( ).
But
in a damning indictment , Judge
McCracken criticised Mr Haughey's lack of co-operation
and dismissed his evidence to the
tribunal as " quite incredible ".
A second tribunal has been
set up by the Government to establish if any further illegal
or secretive payments were to made
to Mr Haughey.
The former Prime Minister , a
man of humble origins , denies that his mansion , private
island , racehorses and ketch are
indicative of a lavish life.
[ Audrey Magee , The Times ,
Saturday October 11th. , 1997 , page 8 ; NEWS ]
...Mr Des Traynor , who died
in 1994.
1997
October
.30 Wealth Management Limited
[ Company no. 274712 ] is incorporated on the 30th
October 1997.
This company would later tender a
bid( 1 of only 3 ) for 372 Clontarf Road , Dublin 3 , on
Tuesday 17th. August 1999...
Company Printout ( from the
Companies Registration Office ) , at 16/03/2004 :
Registered Office :

' Gresham House ' ,

383-384 Clontarf Road ,
Dublin 3
Directors

Anne O'Dwyer ,
Director and Secretary
22, Ennafort Road ,
Raheny ,
Dublin 5
Fionnan O'Dwyer ,
Director
22, Ennafort Road ,
Raheny ,
Dublin 5
Documents
Number
Submission
Date Effective Date Received
1934662
COMPANY WITH MEMO&ARTS ATTACHED (FOR
30/10/1997
1934663
IN DIRECTOR OR SECRETARY
31/10/1997
16/12/1997
1934664
OF REGISTERED OFFICE
03/11/1997
16/12/1997
2314224
RETRURN - GENERAL
24/05/1999
03/06/1999
2319457
OF REGISTERED OFFICE
03/06/1999
10/06/1999

NEW
CHANGE
CHANGE
ANNUAL
CHANGE

{ Bid for 372 Clontarf

Road , Dublin 3 - 17/08/1999 ...}
2362234

CHANGE

OF REGISTERED OFFICE
01/08/1999
20/08/1999
2526507
RESIGNATION OF AUDITOR
14/03/2000
16/03/2000
2545550

ANNUAL

2715823

CHANGE

2891266

ANNUAL

3135450

ANNUAL

3474569

ANNUAL

3474570

B73

3641669

ANNUAL

RETURN SHORT VERSION

21/04/2000
28/04/2000
OF REGISTERED OFFICE
01/11/2000
22/11/2000
RETURN SHORT VERSION
30/04/2001
17/07/2001
RETURN SHORT VERSION
29/04/2002
22/05/2002
RETURN - NO ACCOUNTS
30/04/2003
14/05/2003
30/04/2003

14/05/2003

RETURN - GENERAL
30/09/2003
20/10/2003
1997
December
.21 Mortgage , dated the 19th. of
December 1997 , created by G. SAUNDERS & COMPANY
LIMITED ; the persons
entitled to the Charge are :
SMURFIT FINANCE LIMITED ,
94 ST. STEPHENS GREEN ,
DUBLIN 2
The amount secured by the
Charge is for ..." all sums due or to become due by
Company to Smurfit Finance

Limited "...
The document [ Company no.
034654 Doc. Seq. no. 037 ] was presented by the
solicitors for Smurfit Finance
Limited :
Whitney , Moore & Keller , solicitors , of
' Wilton Park House ' ,
Wilton Place ,
Dublin 2
The document was signed and
dated the 22nd. December 1997 by Ann Harvey , solicitor
of Whitney , Moore & Keller ,
solicitors for SMURFIT FINANCE
LIMITED the owner of the Charge and the particulars were
NOT VERIFIED by
anyone ...instead there was a
stamp with the legend...
...Certified Copy of Deed
Submitted...
The document was egistered on the 8th. of January
1998 , in the Companies Registration Office.
1998
Feburary
.05 Letter , dated the 5th of Feburary
1998 , from the acting solicitors (their Ref : PC/D15664005
) for Mr Patrick Lawlor
(of the Dublin Corporation Rates
Department ) :
EUGENE F. COLLINS ( ) , solicitors ,
61 Fitzwilliam Square ,
Dublin 2 ,
Eire
Tel : 676 1924 and 678 5766 ,
Fax : 661 8906
Associates
John Costello
Lilian Halpin
Orla O'Dea

Partners
Consultants
Anthony E. Collins
Margaret Burke-Staunton
David Ensor
Ruth Finlay
Gerard Coll

Barry O'Neill
Ronan O'Neill
Leonora Malone
David Cantrell
addressed to :
Rory Maguire ,
372, Clontarf Road ,
Dunlin 3
The one-line letter referres to a
copy Summons( below ... ) as served on Rory Maguire's
Registered office !
AN CHUIRT DUICHE
( The District Court )
Ref:
Rate No

PC/15664005
1320163000

SUMMONS
Complainant
DUBLIN METROPOLTIAN DISTRICT
Patrick Lawlor
WHEREAS a complaint has been made to
me that you , the said Defendant , having
Defendant:
been duly served with a six days notice , did
Rory Maguire
refuse, omit and fail to pay to the
Complainant, the duly authorised Rate Collector
of your District the sum of 1914.68
being the amount due due by you to the right
48, Dollymount Park , Dublin 3
Honourable the Lord Mayorr , Aldermen and

Burgesses of the Municipal Rate in respect

of

your

rateable

holding

situate

at ; 372,Clontarf Road, Dublin 3, in the

County Borough of Dublin , District aforesaid.

THIS IS TO COMMAND YOU to

appear as defendant on the hearing of the said
Complaint at the District
Court to be held at Court No. 54, Rich mond Hospital ,
North Brunswick Street , in and for
the said District on 2nd day of March 1998 at
the hour of 10.30 a.m. before the
Judge for the time being assigned to answer the
said complaint.
Dated this 3 0 JAN
1998 day of

1997

Signed : Peter Smithwick ( ) ( not signed but printed... )

( Judge of the District Court for the said District )
EUGENE F. COLLINS,
Solicitors for the Complainant,
61,
Fitzwilliam Square,
DUBLIN
2

NOTE: If the amount due and 46.56 for Costs if paid at

the Rates Office , 16
Castle Street , not less than 7 days prior to the day of the
hearing further
pro ceeding will be stayed.

We hereby certify that the within

has been compared with and is a
true copy of the original.
Dated the

day of

Signed ( no signature... )
EUGENE F COLLINS
Solicitors,
61 Fitzwilliam Sq.,
Dublin 2.
...EUGENE F. COLLINS , solicitors
who representedSmurfit Finance Ltd over the Fixed and
Floating Charge , dated
the 15th.of July 1993 created by
G. SAUNDERS & COMPANY LIMITED , and over the
corresponding same date
Floating Charge created by
COURTHAMPTON WAREHOUSING LIMITED...
Both of the Charges were verified
by Mr Alan Cotstello and his wife Kay Costello and Cathal
O'Neill , solicitor...
...Smithwick & Company ,
solicitors , of :
' Duke House ' ,
2 Duke Lane ,
Dublin 2
were one of the 3 firms of solicitors representing
Smurfit Finance Ltd included in that company's Annual
Return for
the year ended the 31st of December 1995 ( the
others being ...:
Wm. Fry & Sons ,

and ,

Whitney Moore &

Keller ,
'
Fitzwilton House ' ,
House ' ,
Wilton Place ,

' Wilton Park

Wilton Place ,

Dublin 2
Dublin 2
1998
March
.09 Statement of an OVERDUE
ACCOUNT dated the 9th. March 1997 , received by Mr F.
D. Breitenstein , architect , and
addressed to :
BREITENSTEIN F.D.
121 BOULEVARD NORTH
BAYSIDE
DUBLIN 5 (... wrong postcode )
ACCOUNT No. : 893258
for the total sum of 46.57 punts ;
being the Balance outstanding for the 3rd. month on the
account due to :
Independent Newspapers Marketing Ltd ,
' Independent House ' ,
90 Middle Abbey Street ,
Dublin 1. ,
P.O. Box 72 ,
Tel
: 873 1666 ,(new phone number)
Fax No. : 873 1787 ,( new fax. number)
V.A.T. Reg. No. IE 45326140
Bankers : Ulster Bank Ltd. ,
Lwr O'Connell Street ,
Dublin 1. ,
BRANCH : 985040
A / C no. : 20847087
CREDIT FACILITIES HAVE NOW BEEN WITHDRAWN
AND LEGAL ACTION MAY BE TAKEN IF
PAYMENT IS NOT RECEIVED WITHIN 7 DAYS
for the second newspaper
notice( details below ) regarding the Planning Application
[ Planning Ref. no. 0980/97 - replacement

townhouse at the rear of 372

Clontarf Road ] which Mr Breitenstein had been forced to
re-insert due to the Dublin
Corporation's insistance that
he(Mr Breitenstein) re-submit the same Planning
Application - which had already
been submitted on the 22nd of
April 1997.
DATE
DESCRIPTION
COLUMNCODE PAPER INSERT DATES no. of INSERTS
SIZE
12/08/97 DUBLIN CORPORATION
815
II
12 001
5
1998
March
.20 Receipt for 285.00 punts , dated
the 20th of March 1998 , from a security consultant , Mr
William Young , of :
Number One Security Services Ltd ,
67 , St. Canices Road ,
Glasnevin ,
Dublin 11 ,
Tel : 837 0822 ,
mobile : 087- 579 820 ,
employed by Mr Rory Maguire at
372 Clontarf Road , Dublin 3 to prevent Mr Alan Costello's
workers at 373 Clontarf
Road , Dublin 3 from trespassing
on his land at 372 Clontarf Road
1998
March
.31 Letter dated the 31st March 1998
from a Mr or Ms P. Whelan of :
Finance Officer & Treasurer's Department,
Rates Office ,
16 Castle Street ,
Dublin 2
Tel : 679 6111
Ext.2876 / 2877 ,

addressed to :
Rory Maguire ,
48 Dollymount Park ,
Dublin 3
Dear Sir / Madam,
Pursuant to the provisions of
Section 3 of the Valuation Act 1988 I wish to inform you
that an application
was made to the Commissioner of
Valuation on
10.03.98
for a revision of the
valuation of the
property detailed hereunder.
Address

372 PT.CLONTARF

ROAD
Description

SHOP (GR. FL. )

Rate No.
004018
0163 000 ( old Rate No. preceeded by 004018 )
Valuation

132

34.00

A valuer from the Valuation Office

will call to survey the property and obtain the following
information
as appropriate :
(a) Construction costs,if new.
(b) Date of purchase and price
paid.
(c) Expenditure and improvements
since date of purchase.
(d) Nature of lease (leasehold or
freehold).
(e) Details of lease or other
contract of tenancy.
(f) Annual output / turnover.
(g) Audited accounts.

The determination of the

Commissioner of Valuation will be notified to the occupier
and owner ( where
known), who will , if aggrieved by
the determination , have a right of appeal.
The result of the determination
and any subsequent appeal will apply for the rat ing yaer
following the
determination; it will not have
retrospective effect.
Yours Faithfully,
P. WHELAN
( printed ,not signed ... )
......................................................
...............................
Finance Officer & Treasurer's
Dept.
1998
May
.14 A Return of Allotments was made
to the Companies Registration Office on the 14th of May
1998 , in compliance with
the Companies Act , 1963 , and
the Finance Act 1973 ( Sections 67 to 75 ) by :
McCann Fitzgerald , solicitors ,
2 Harbourmaster Place ,
Custom House Dock ,
Dublin 1 ,
Tel
: 829 0000 ,
Reference : RAH\LG
G:\RAH\REVELA14.FOR
on behalf of their clients SHERRY
FITZGERALD , auctioneers , in the case of the company
known as :
REVELAND LIMITED
13 , Hume Street ,
Dublin 2 ,
Company no. 280357

The Allotments were made on the

29th of April 1998 , for 2,000 Ordinary shares and the
Allottees were :
Debenham Tewson & Chinnocks Holdings plc ,
30 Throgmorton Street ,
London EC2N 2BQ ,
England ,
U.K.

1998
May
inquiry "

.31 " Media magnate's firm in bribes

Tony O'Reilly , publisher of The

Independent and Independent on Sunday , was yesterday
drawn into a corruption
inquiry in his native Ireland
after revelations that a company he founded gave a
30,000 gift to a government minister
who has since resigned in
disgrace.
Ray Burke , the recipient of
the donation , is alleged to have later offered favourable
treatment to another O'Reilly
company against the advice of
senior civil servants.
Relations between O'Reilly's
companies and Burke are now
the subject of an official
investigation.
O'Reilly , billionaire chairman
of Heinz , DOMINATES the republic's newspaper industry.
He jealously guards
his reputation and will have
been appalled by the revelations that FITZWILTON , a
company which he chairs , has
links to Burke .

The inquiry will examine the

possible connections between the 30,000 gift and
ministerial favours.
It was revealed last week that
during a general campaign in June 1989 , two executives
of FITZWILTON visited
Burke's home in Dublin to
give him a campaign donation of 30,000.
Burke asked
for a cheque made out to
" cash ".
The O'Reilly company said its
management assumed that Burke would use some of the
money to defray his own
election expenses and pass
the rest to Fianna Fail.
Party sources admit that the
method of giving such a large
donation was highly unusual.
It has now emerged that
Burke gave 10,000 to Fianna Fail and kept 20,000.
He had received at least
30,000 more from another
businessman who claims that the payment was in
exchange for planning favours.
A tribunal is investigating that
claim.
Four months after he received
the FITZWILTON money , Burke , as Minister for
Communications , was in
charge of granting licences to
retransmit television stations in rural areas.
Companies associated with
independent newspapers , O'Reilly's publishing business ,
won the lion's share of
licences.
Opposition
politicians claim his companies were given a virtual
monopoly.
In 1990 , Independent

wanted to raise fresh funding for its transmission business.

It was also concerned
that rival companies were
being allowed to operate without licences.
Its
managing director asked Burke
for a " letter of comfort " that
unlicensed competitors would be closed down.
Burke's civil servants advised
him to offer limited assurances but in Feburary 1991 he
supplied a generous
letter of comfort which has
since been used to demand further con cessions and
launch a legal action for
damages against the
government.
O'Reilly's spokesman in Dublin
has said has said the publisher knew nothing of the gift of
30,000 and that
O'Reilly is the victim of smears
by opposition politicians...
[ Rory Godson , The Sunday
Times , Sunday May 31st , 1998 , page 24 ]
1998
December
.00 Receipt for 300.00 punts , from a
security consultant , Mr William Young , of :
Number One Security Services Ltd ,
67 , St. Canices Road ,
Glasnevin ,
Dublin 11
and
50 , Lennox Street ,
Dublin 8
Tel : 837 0822 and 834 1175
and 853 0784 and 269 4888 - Unit 3113
mobile : 087- 579 820 ,
Company No. 141333
V.A.T. No. IE 4886405 H.
Rory Maguire
Premises at Clontarf Road

To supply a static guard.

From :
To
:

7 p.m. Tuesday 1st December

8 p.m. Thursday 3rd. December
49 hours @ 5 per hour.

245.00
5 calls

@ 3

15.00
Repairs to door
40.00
300.00
employed by Ms Grainne Maguire
at 372 Clontarf Road , Dublin 3 to prevent Mr Alan
Costello's workers at 373 Clontarf
Road , Dublin 3 from trespassing
on the land at 372 Clontarf Road and/or entering the
premises at 372 Clontarf Road ,
Dublin 3 ; the money including
repairs to the side-door of the first-floor flat at 372
Clontarf Road , Dublin 3 which was
damaged when garda David
Gallagher ( Garda No. ) , of Raheny garda station under
orders from Detective Joseph
Enright ( Garda No. 139J ) of
Clontarf Garda station ILLEGALLY forced-entry to the said
flat and assaulted and
ILLEGALLY detained the owner ,
Rory Maguire on Tuesday , the 1st of December 1998
between 1:00 p.m. and
2:00 p.m. approx.
1998
December
.09 A legal aid Certificate is issued on
Wednesday , the 9th. of December 1998 , from Dublin
Metropolitan District Court
addressed to :
RORY MAGUIRE
372 CLONTARF ROAD

DUBLIN 3
2103298 23/09/57 M3119
DAMAGING PROPERTY BELONGING TO ANOTHER
Please quote Legal Aid Reference
Number on all correspondence - 92103298
Criminal
Justice ( Legal Aid ) Act 1962.
Criminal Justice ( Legal
Aid ) Regulations 1965 - as amended.
LEGAL AID ( DISTRICT COURT )
CERTIFICATE ( WHERE CHARGE IS OTHER THAN ONE
OF MURDER )
Application having been made by
or on behalf of RORY MAGUIRE who is
charged beforfe bthis court with
DAMAGING PROPERTY BELONGING TO ANOTHER
as set out on Charge Sheet 661.98 CLONTARF GDA. STN. for a Legal Aid
( Distrfict Court ) Certificate and it
appearing to the Court that his/her
means are insufficient to enable
him / her to obtain legal aid and that
by reason of the gravity of the
charge it is essential in the interest
of Justice that he/she should have
legal aid in the preparation and
conduct of his defense before it ,
the court hereby grants in respect of
him / her this cerftificate for free
legal aid and assigns to him as
solicitor - TERENCE LYONS , 4
ARRAN QUAY , , DUBLIN 7 , phone : 872 3944
Dated
this 9th day of December 1998

--------------------------------------------------MIRIAM
MALONE
JUDGE
OF THE DISTRICT COURT ASSIGNED
TO SAID DISTRICT
Case adjourned to COURT 44
DISTRICT COURT NO. 44 CHANCERY STREET DUBLIN
7 on the 16th day of December
1998 at 1030 Accused is advised to
contact the assigned solicitor
without delay.
Accused is remanded in custody.

D/GDA JOSEPH ENRIGHT 139J

1998
December
merger "

.10 " Irish bank and insurer in 2.5bn

IRISH PERMANENT , the bank ,

yesterday con firmed its merger with Irish Life to form the
Republic's third-largest
financial services group with a
market capitalisation of IR2.8 billion (2.5 billion
sterling ).
David Went , chief executive
designate , said the combined group , to be called Irish
Life & Permanent , will have a
customer base of between
800,000 and one million , almost a third of the Republic's
population.
Mr Went , who
is currently managing director of
Irish Life , said the merger would produce annual cost
savings of at least Ir12 million

by the end of 2000, representing

about 8% of the group's total costs.
Job losses will be insignificant ,
said Mr Went , with no more than 100 positions eliminated
from a total workforce of
3,600.
Both companies will
be equally represented on the board.
Roy Douglas , currently chief
executive of Irish Permanent , becomes chairman elect.
Mr Went said : " The key
determinant of success in Europe is distribution ,
particularly distribution that you control
and own.
We will be the
largest broker , the largest direct salesforce , the thirdlargest bank ,and the biggest
mortgage player.
A true
bancassurer , like the ING group in The Netherlands. "
The deal takes the form of a
recommended offer from Irish Permanent , with the
shareholders of Irish Life given
60.85 new shares for each 100
of their original shares.
After the deal is approved ,
holders of Irish Life stock will
control more than two-thirds of
the groups enlarged capital.
John Bourke , chairman of Irish
Permanent, said : " This is a historic day for retail financial
services in Ireland and
marks a major milestone for
both Irish Permanent and Irish Life since their respective
flotations in 1994 and 1991.
The combined group will enjoy
strong brand recognition and be among the leaders in Irish
financial services. "
Irish Life & Permanent is
expected to be included in the Eurotop 300 , the index of
leading European stocks.
The merged group is also
expefcted to keep its dual listing in Dublin and London.
Ironically , the biggest
shareholder in the new group will

be the asset management business of one of its biggest

high street rivals.
Bank of Ireland will own 7.39 per
cent , while AIB , the Republic's largest bank , will
control3.77 per cent.
Reports of merger talks first
surfaced in October, although the companies are believed
to have discussed the idea
of a merger for some time...
[ Richard Miles , The Times ,
Thursday December 10th. , 1998 , page 28 ; Business
News ]
1999
Feburary
.18 A Revised valuation of 372
Clontarf Road , Dublin 3 , dated the 18th of Feburary 1999
was recieved from Mr Anthony
Pain , F.R.I.C.S. F.S.C.S. M.I.A.V.I.
( His Ref : AP/PP/75096 )
Anthony Pain and Company Limited ,
chartered surveyors , Valuers and
estate Agents ,
14 Upper Drumcondra Road ,
Drumcondra ,
Dublin 9 ,
Tel : 836 7447 ,
Fax : 837 3453 ,
Company no. 195353
Reg. Office : Kentstown ,
Navan , Co. Meath.
addressed to :
Mr. Rory Maguire ,
48 Dollymount Park ,
Clontarf ,
DUBLIN 3
1999
March
.01 A letter , dated the 1st of March
1999 , was received from Mr or Ms T McDermott ( 'for'

the Principal Officer... )

( Their Ref : TMcD ) of :
Dublin Corporation Development
Department ,
Block 4 ,
Floor 3 ,
Civic Offices ,
Wood Quay ,
Dublin 8 ,
Tel : 679 6111 Ext : 2860 ,
Fax : 670 7860
addressed to :
Ms. Grainne Maguire ,
9 Heathman's Road ,
Parson's Green ,
London SW6 4TJ ,
England
Re: Revised Boundary between
Nos. 372 and 373 Clontarf Road , Dublin 3.
--------------------------------------------------------------------------------------------------------------------------------------------------------Dear Ms. Maguire ,
I refer to my
letter dated 25th January 1999 regarding the above.
I should be obliged to know if
Mr. Rory Maguire has yet signed his
approval on the maps
attached to my letter setting out the revised
boundary between Nos. 372
and 373 Clontarf Road.
Yours sincerely ,
T. McDermott ( signed )
Principal Officer

for...
1999
March
.12 An article appears in THE PHOENIX
( March 12, 1999 page 5 ) current affairs magazine
regarding the FLOOD
TRIBUNAL of enquiry into
corruption in the planning process...and in particular , the
role played by Mr Frank
Dunlop , a former Fianna Fail
public relations con sultant to Mr Charles J Haughey's
government , and whose
PR company shares the same
business address as Rory Maguire's former solicitor (~)
at :
Dunlop Frank & Associates Ltd ,
25 Mount Street Upper ,
Dublin 2 ,
Tel : 661 3543 ,
" FINLAY vs
DUNLOP IN RTE FARCE "
...The problem is that Dunlop
is to be a witness in the Flood tribunal and more
and more details have been
emerging about his role in the Quarryvale
development , including
serious allegations from Tom Gilmartin.
...It has already been
established by the Flood tribunal lawyers that Dunlop
received
over 650,000 in
payments from Owen O'Calllaghan's Barkhill Ltd, the
company
that developed Quarryvale.
...particularly 150,000
made through an Isle of Man company called Shefran Ltd
which Dunlop has
described as being under his " indirect control ".
Dunllop has said that
Shefran was established to keep Gilmartin in the dark as

to the PR man's
involvement in the Quarryvale project although his Irish
company ,
Frank Dunlop & Ass
ociates, also received fees from Barkhill at the same time.
The Tribunal investigation
has uncovered a number of cheques to Dunlop ,
totalling over 100,000 ,
which were queried by O'Callaghan's auditors ,
Deloitte and Touche in
1994 , as were payments to Shefran in 1991 and 1992.
~...H. J. Roundtree
1999
April
.01 A second Letter , dated the 1st of
April 1999 , from the acting solicitors (their Ref :
PC/D15664-005 ) for Mr Patrick Lawlor
(of the Dublin Corporation Rates
Department ) :
EUGENE F. COLLINS ( ) , solicitors ,
' Temple Chambers ' , ( new address )
3 Burlington Road ,
Dublin 4 ,
Eire
Tel
: 667 5111 ,( new phone number )
Fax
: 667 5200 , ( new fax number )
D.X.
25 ,
Email
: lawyer@efc.ie ,
Website : www.efc.ie
Partners
Associates
Consultants
Anthony E. Collins
John Costello
Margaret Burke-Staunton
David Ensor
Lilian Halpin
Ruth Finlay
Gerard Coll
Orla O'Dea
Barry O'Neill
Ronan O'Neill
Leonora Malone

David Cantrell
addressed to :
Rory Maguire ,
372, Pt. Clontarf Road ,
Dunlin 3
RE:- Dublin Corporation - v- You.
Dear Sir ,
We refer to the above and enclose
herewith Rate Summons which is hereby served upon you
and
con firm that this matter is listed
for 28th. April 1999 , Court 54 , Richmond Hospital ,
North
Brunswick Street , Dublin 7 at
10.30 a.m.
Yours sincerely ,
Eugene F. Collins
AN CHUIRT DUICHE
( The District Court )
Ref:
Rate No

PC/15664005
1320163000

SUMMONS

Complainant
DUBLIN METROPOLTIAN DISTRICT
Patrick Lawlor
WHEREAS a complaint has been made to
me that you , the said Defendant , having
Defendant:
been duly served with a six days notice , did
Rory Maguire

refuse, omit and fail to pay to

the

Complainant, the duly authorised Rate Collector

of your District the sum of 1264.12 ( reduced from
1914.68...)
being the amount due due by you to the right
372 Clontarf Road , Dublin 3
Honourable the Lord Mayor , Aldermen and
Burgesses of the Municipal Rate in respect
of

your

rateable

holding

situate

at ; 372,PT ,Clontarf Road, Dublin 3, in the

County Borough of Dublin , District aforesaid.
THIS IS TO COMMAND YOU to appear as
defendant on the hearing of the said
Complaint at the District
Court to be held at Court No. 54, Rich mond Hospital ,
North Brunswick Street , Dublin 7
in and for the said District on 3rd day of December 1998
at
the hour of 10.30 a.m. before the
Judge for the time being assigned to answer the
said complaint.
day of

November

Dated this
1998

6 th.

Signed :
Mary C. Denis
( signed , unlike the 1st
Summons dated 30 JAN 1998 )
( Judge of the District Court for the said District )
EUGENE
F. COLLINS,
Solicitors for the Complainant,
' Temple
Chambers ' ,

3,
Burlington Road ,
DUBLIN
4.
NOTE: If the amount due and
38.51 Costs if paid at the Rates Office , 16
Castle Street , not less than 7 days
prior to the day of the hearing further pro ceeding will be
stayed.
...EUGENE F. COLLINS , solicitors
who represented Smurfit Finance Ltd over the Fixed and
Floating Charge ,
dated the 15th.of July 1993,
created by G. SAUNDERS & COMPANY LIMITED , and also
over the
corresponding same date
Floating Charge created by COURTHAMPTON
WAREHOUSING LIMITED...
Both of the said Charges were
verified by Mr Alan Cotstello and his wife Kay Costello and
also by ...
Cathal O'Neill , solicitor...
1999
April
.05 A NOTICE( below ) is placed in the
Irish Times ,on the 5th of April 1999 , on behalf of Sherry
FitzGerald Group plc ,
announcing their application to
have their shares admitted to trading on the Developing
Companies Market of the Irish
Stock Exchange and to the
Alternative Investment Market of the London Stock
Exchange ( " AIM " ) ...:
..." This notice is issued in
compliance with the regulations of the Irish Stock
Exchange Limited(the "Irish Stock Exchange") and Article 12(a) of
European Communitoes (Transferable Securities and Stock
Exchange ) Regulations

1992. Application has been

made for the whole of the ordinary share capital od Sherry
FitzGerald Group plc
(" Sherry FitzGerald ") in issue
immediately following the Placing , to be admitted to
trading on the Developing
Companies Market of the Irish
Stock Exchange ("DCM") and to the Alternative Investment
Market of the
London Stock Exchange
Limited ("AIM"). It is emphasised that this notice does not
con stitute an offer or
invitation to any person to
subscribe for or to purchase any securities. It is expected
that dealings in the
Ordinary Shares will
commence on 8th. April 1999.

Sherry
FitzGerald
Group
SHERRY FITZGERALD GROUP plc
(Incorporated in the Republic of Ireland under the
Companies Acts, 1963 to 1990 - No. 295880)
Placing by GOODBODY STOCKBROKERS of 2, 638, 275
Ordinary Shares of 0.12 each @ 1. 99 (IR157p)
and 133p per Ordinary Share and admission to the
Developing Companies Market and
the Alternative Investment Market by Goodbody Corporate
Finance.

Share Capital following the Placing

Authorised
Issued and fully paid

Amount
Amount
000
529, 842

Number
Number
25, 000, 000
12 , 748, 679

3, 000,
1,

Ordinary Shares of 0.12 each.

The Sherry FitzGerald Group ( comprising
Sherry
The DCM admission document has
been published and
FitzGerald and its subsidiaries ; the "Group" ) is a
leading
copies may be obtained during normal
business hours
firm of property advisors in Ireland . The Group
is
on any weekdays (Saturdays and public
holidays
engaged in the business of estate
agency and
excepted ) from the Company
Announcements Office of
auctioneering in both the residential
and commercial
the Irish Stock Exchange , 28
Anglesea Street , Dublin 2
markets and also provides related services
such as
(for collection only) from the date of
this notice up to,
lettings, valuations and mortgahe services.
The Group
and including , 6th April 1999 and for
a period up to,
operates from headquarters in Dublin city and
branches
and including , 19th April, 1999
from:
Sherry FitzGerald Group plc
McCann FitzGerald
Goodbody Corporate Finance
' Hibernia House '
2 Harbourmaster Place
122 Pembroke Road
Windsor Place
Custom House Dock
Ballsbridge
Dublin 2
Dublin 2
Dublin 4

5th April 1999

"...
[ Irish Times , Monday
April 5th. , 1999 ]
1999
April
.05 " Judge will be interviewed in
investigation in Sheedy affair "
Mr Justice Hugh O'Flaherty of the
Supreme Court is expected to be asked to be asked to
comment about his
possible involvement in the
irregular listing of the Philip Sheedy case before the Circuit
Criminal Court , when he returns
from the United States this
week.
The investigation was
instituted by the Chief Justice , Mr Liam Hamilton , and is
being carried out by the President
of the High Court , Mr Justice
Frederick Morris.
A parallel investigation by the
President of the Circuit Court , Mr Justice Esmond Smyth ,
into the circumstances
leading to the hearing of the
case before Mr Justice Cyril Kelly and the early release of
Sheedy from prison , has already
been completed and submitted
to the Chief Justice.
Mr Justice Hamilton said
yesterday when contacted at his home that an
investigation was ongoing.
He declined to
make any comment on the case
and could not say when a report to the Government would
be finalised.
Official sources indicated that
Mr Justice O'Flaherty was due to return from holiday in the
United States next Thursday
or Friday and the expectation is
that Mr Justice Morris will seek to interview him as a

matter of urgency.
Last Thursday , fresh impetus
was injected into the inquiry when the Minister for Justice ,
Mr O' Donoghue , told the
Dail he had just received a letter
from the Dublin County Registrar , Mr Michael Quinlan , in
which a " certain individual "
was identified as having
requested that the Sheedy case be listed on a specified
date before Mr Justice Kelly.
The
Dublin County Registrar is
responsible for listings before the Circuit Criminal Court.
Mr O'Donoghue referred this
document to the Attorney General , Mr David Byrne , for
transmision to the Chief
Justice , on the grounds that
certain matters would have to be put to a member , or
members , of the judiciary for their
response.
It is not known whether
following this information - and an earlier statement by an
official in the State Solicitor's Office
- Mr Justice Smyth will review
the findings of his investigation.
Because the Dail does not
resume after the Easter recesss until April 20th. , the
Government and the judiciary have
been granted a two-week
breathing space before the Opposition returns to the
charge.
But there is no doubt they
will seek a full explaination for
all the irregularaspects of the affair
Mr Sheedy was sentenced to
four years imprisonment in November 1997 for dangerous
driving leading to the
death of a young Dublin mother
of two , Mrs Anne Ryan.
A review date was set for
November 1999 , which
meant Mr Sheedy would have to
serve a minimum of two years in jail.(sic!).
A year later , however ,
following removal of the review date , the remaining three

years of the sentence were

suspended.
The director of Public
Prosecutions , Mr. Eamon Barnes , appealed against the
decision to suspend the remainder of the
sentence to the High Court , on
the grounds that proper procedures had not been
followed.
The appeal was first
mentioned in the High Court on
Feburary 12th. last and when it came for hearing on March
25th Mr Sheedy voluntarily
presented himself for
readmittance to Mountjoy Prison.
On the night of Feburary 11th ,
the Attorney General rang the Minister for Justice in Berlin
to advise him that
" improper practices " may have
been involved.
On the following day ,
Feburary 12th, Mr O'Donoghue directed that the matter
be brought to the attention of the
Chief Justice.
He also asked
that a criminal investigation be undertaken by the Garda
Commissioner .
This did not happen , however ,
because of the DPP's appeal , and an internal investigation
was established.
[ Denis Coghlan , Chief Political
Correspondent , Irish Times , Monday April 5th. , 1999 ]

1999
April
.09 An article appears in THE PHOENIX
( April 9 , 1999 page 14 ) current affairs magazine( 'Pillars
of Society'... ) regarding
Mark FitzGerald , son of Sir Garret
FitzGerald ( former Prime Minister of Eire ), and boss of
Sherry FitzGerald , the
estate agents..., " now preparing
for flotation ". ..:

BLUESHIRT BLISS
Mark's flawless pedigree was
sealed by the perfect Fine Gael match when he married a
memebr of another founding family ,
Derval O'Higgins , daughter of
former Chief Justice , T.F. O'Higgins .
Mark's father-inlaw is himself a nephew of
Free State icon , Kevin O'Higgins ,
the State's first Minister for Justice , and TF's father was
Thomas snr , founding President
of the Blueshirts ( BS ).
AUCTIONEERING ANGST
...when Mark speaks of those who
went into politics too early , he must surely have had in
mind , one , Alexis Fitzgerald
whose family are no relations , but
were close political allies.
Alexis , a nephew of another
party grandee and close confidante of Garret's , Alexis
Fitzgerald snr , was one of the bright ,
young things in Garret's Fine Gael
back in the seventies and early eighties. Alexis jnr
founded the auctioneering firm ,
FitzGerald and Partners in 1972
and when Garret had a word in his ear a few years later ,
he took in young Mark, then
a chubby faced young man with
little practical experience at anything.
At the same time , Alexis jnr was
fighting the good fight in Garret's new model party,
breaking his way into local politics
in his quest for a Dail seat(DS).
He clawed his way onto Dublin
Corporation and in 1982he became Dublin Lord Mayor as
well as a Dail deputy along
with Garret , for Dublin South-East.
Sadly , Alexis lost his seat in the

second general election of that year(1982) and by 1987,

the party con stituency as well as
HQ dumped him , despite years
tending to the constituency on behalf of both himself and
Garret.
...Alexis found that things were not
much better when he arrived back in the office of what
had , by then , become Sherry
FitzGeral and Partners.
...Alexis found there was no room
at the inn and after reaching a settlement , he departed.
Mark thereafter was the
undisputed boss of Sherry FitzGerald.
PARTY INSIDER
Mark FitzGerald joined FG's insider
cabinet in the early nineties...FitzGerald sits with the party
trustees who rescued the
party from financial disaster after
it came to power in late 1994.
FitzGerald was the recipient of
party patronage in 1996 when the then party trustee and
Marine Minister ,
Sean Barrett (SB) , made him
chairman of BIM.
BACK TO BASEMENT
Sherry FitzGerald is the most
middle-class of the big estate agencies and their happy
family image tends to grate in an
otherwise cut-throat business.
Indeed , there have been a
number of internal marriages in the company - directors
Jill O'Neill and Ian McCarthy for
example - and the assorted suits
and skirts socialise together to a huge degree with the
summer a litany of SF barbecues
and other "company" gettogethers.
Presumably , these little soirees are all the
more popular as so many of the team

live in close proximity , almost

exclusively on the southside , mainly in Dublin 6...
FORWARD PROPERTIES
Another example of the con
nections within SF is the fact that a number of the
directors - Simon Ensor , Philip Sherry ,
Jim Meagher and former director ,
Frank Belton - are all listed as directors of a company
called Forward Properties Ltd ,
which is owned by Fine Gael
trustee , Paul Coulson.
This company owns a site in
Brittas Bay where 35 holiday homes
have been developed.
...Directors have been well
rewarded in dividends and salaries although in many
cases they have then loaned money back
into the company resulting in a
current million outstanding in directors loans to the
company - all of which will be paid
off after the float.
At the time of going to print the upto-date accounts and prospectus had stillnot been made
available to Goldhawk but
a look at the most recent accounts
filed in the Companies Office - those for 1997 - reveal that
the Sherry FitzGerald
directors , and Mark in particular ,
have been doing rather well out of the company.
The
figures filed cover the period
September 1, 1996 to December
31, 1997 during which time there were 17 directors in the
company although Frank
Belton resigned in April 1997.
In that period , the figure given for directors emoluments
" for services other than as
directors ..."... topped 2.5 million
which works out at an average of 112,000 each per
annum although FitzGerald as
Chairman and chief executive
would have grabbed far more than this.
He also took
home 23,000 in dividends.

SMALL POTATOES
This is all small potatoes
compared with the post-floatation scenario which , given
the 20 million valuation being put on the
firm by FitzGerald , will value his
own stake at 3 million.
There will also be a generous
remuneration package for the
chairman and chief executive - a
situation that will remain despite the best practices of
corporate governance which state
that these two jobs should be
seperated.
FitzGerald claims that he is only holding
onto the two titles because there are
already THREE managing directors
in the firm : Phillip Sherry ( Sherry FitzGerald
Countrywide ) ; Killian O'Higgins
( DTZ Sherry FitzGerald ) and
Claire Cullinan ( Sherry FitzGerald Residential ).
There have been mixed
reactions to the floatation in the media with questions
raised about the wisdom of effectively buying
into the property game at the top
of the cycle and at a very hefty price - 14/15 times p/e.
There is also the fact that these
shares will be hard to trade as SF
is to be listed on the Developing Companies Market here
and London's Alternative
Investment Market.
Furthermore , FitzGerald claims that his directors will be
holding onto the bulk of the shares after
raising 4.5 million in the
floatation.
...
The growth in Sherry FitzGerald's
commercial turnover since the DTZ buy-in (DTZ)last year
is also expected to con tinue and
last month's AIB portfolio
valuation con tract was quite a coup , with the company
having lost out in this tender last time
around.

So Mark FitzGerald is pretty well

assured of his pile from the property world which is a nice
little irony when you come to
think of it...
BS...Fascist para-military
organisation modelled on Hitler's brownshirts.
DS...a seat in the Duke of
Leinster's former townhouse - which now houses the
Parliament of Eire.
SB...a director of Anglo
Irish Bank plc...
DTZ...2,000 Ordinary
shares allocated in Reveland Ltd ( Company no.280357 )
on the 29th April 1998 to :
Debenham Tewson & Chinnocks Holdings plc ,
30 Throgmorton Street ,
London EC2N 2BQ ,
England ,
U.K.
1999
May
jeopardy "

.14 " Scandals put Ahern's future in

Fresh doubt was cast on the future

of the Ulster peace process yesterday as a new poll
showed a slump in support for
Berte Ahern and his Fianna Fail
party.
Mr Ahern , one of the chief
architects of the Good Friday agreement , is embroiled in
several domestic scandals
that threaten to topple him and
his two-year-old minority coalition Government.
The Taoiseach is the first Irish
poltical leader to build up a close working relationship with

the Ulster Unionist Party

while remaining an ally of Sinn
Fein.
" Bertie has been a full player
in this [peace process] and is very well regarded on both
sides on both sides.
He
has built up a good relationship
with Unionism...It makes him very hard to replace ," said
one official involved in the talks.
But Mr Ahern's work in Ulster
is being threatened by allegations of political sleaze and
his public support has slumped.
He was the most popular
Taoiseach in Irish History immediately after the Good
Friday agreement, with eight out of ten
people expressing support for
his leadership.
But a poll published yesterday
in the Irish Times showed that his satisfaction rating has
fallen to 58 per cent , his lowest
since taking office .
Support
for the Fianna Fail / Progressive Democrat coalition fell
from 73 per cent in April last year
to 51 per cent yesterday.
One source of con troversy is
Mr Ahern's involvement in the early release of Philip
Sheedy , a Dublin architect jailed
for four years for killing a
mother of two in a drink-drive accident.
He was freed
after 18 months.
Mr Ahern's position may also
be weakened by a tribunal into secret payments to other
Fianna Fail members.
Ray Burke , the former Foreign
Minister appointed by Mr Ahern was forced to resign in
1997 (RB) when it
emerged he had received
30,000 from from a builder.
It is also alleged that Padraig
Flynn , the former EU Social Affairs Commissioner ,

received 50,000 from a different

builder.
Questions are being asked
about Mr Ahern's knowledge of the payments.
With every crisis the
Progressive Democ rats question their decision to stay in
government with Mr Ahern.
[ Audrey Magee, Ireland
Correspondent , The Times , Friday May 14th. , 1999 ,
page 21 ]
RB ...Ray Burke resigned on the
7th October 1997 - the day AFTER 372A Clontarf Road ,
Dublin 3 ..
..." COLLAPSED
"...according to ex-detective / used-car dealer Mr Alan
Costello..
1999
June
for Guinness "

.02 " 8m home in Dublin is no good

The Victorian mansion that has

been home to the Guinness family in Ireland for more than
100 years went
on sale yesterday for more than
IR10 million (8.3 million).
Friends said that the family
had decided to sell their Irish seat for " pragmatic "
reasons.
The main home of the family
that made its fortune from pints of Guinness will be
Elveden , their 23,000-acre estate
in Suffolk
Their Irish home , 'Farmleigh' ,
has been in the family since 1873.
The 20-bedroom
house sits in 78 acres of
grounds at the Castleknock end
of Phoenix Park in Dublin.
The Irish President and the
U.S. Ambassador have

homes nearby.
...
When Arthur Guinness, Son
and Co. was floated on the London Stock Exchange in
1886 , it was with a value of
6 million.
It made the
socially ambitious Edward Cecil Guinness, later 1st Earl of
Iveagh , enormously rich.
It was he who in 1894 acquired
Elveden Hall after the deat of its previous occupant ,
Duleep Singh, ruler of the
Punjab.
The estate , worth more than
50 million , is farmed by the 4th. Earl of Iveagh , Edward ,
29 , who has no
involvement with the brewery.
He and his three silings , who were brought up at
Farmleigh , were there for a
final goodbye last week.
[ Audrey Magee, Ireland
Correspondent , and Robin Young , The Times , Friday June
2nd. , 1999 , page 10 ]

1999
July

.00 The estate agents known as :

Mason Estates , M.I.P.A.V. ,

148 Phisborough Road ,
Phibsborough ,
Dublin 7 ,
Tel : 830 4000 ,
Fax : 830 4987 ,
Email : phibsboro@masonestates.ie ,
Web : www.masonestates.ie
received instructions via their
representative , Mr Gary Flood B.Sc. M.I.A.V.I. to sell on the
OPEN MARKET :
372 Clontarf Road ,
Dublin 3 ,
Eire ( formerly known as the 'Free'

State...) ,
1999
August
.06 A note(below) from Mr Gary Flood
of Mason Estates is pushed through the letter box of 372
Clontarf Road , Dublin 3 :
Friday 6th. August 9.50 a.m.
Mr Maguire ,
Please call me as soon as possible
regarding a further offer I have and also to set up
another viewing@ 830 4000 / 089224 0381.
Regards
Gary Flood
Mason Estates
1999
August
.17 Mason Estates received an
offer(below) , dated the 17th August 1999 , for 372
Clontarf Road , Dublin 3 from :
Fionnan O'Dwyer ,
22 Ennafort Road ,
Raheny ,
Dublin 5
director and shareholder of :
Wealth Management , Financial Consultants ,
191a Howth Road ,
Dublin 3 ,
Tel
: 853 2243 ,
Fax : 853 2198 ,
Company no. 274712
Mason Estates
148 Phibsboro Road
Phibsboro
Dublin 7

17th August 1999

Dear Sir/Madam,
Re: Tender for Site and Premises
at 372 Clontarf Road, Clontarf, Dublin 3.
Offer: 321,000 (three hundred
and twenty one thousand pounds ).
Purchaser:

Fionnan O'Dwyer
22 Ennafort Road
Raheny
Dublin 5

Note: This offer is not subject to

survey and a prompt closing is available. Finance is
in place and an early reply would
be appreciated.
Please find enclosed booking
deposit for 10,000 ( ten thousand pounds ). My
solicitors are: Hayes and McGrath
91 Lower Baggot
Street
Dublin 2.
Should you have any queries on
the enclosed , please feel free to con tact me at the
above or on (087) 232 0869.
Yours sincerely,
__________________
Fionnan O'Dwyer
1999
August
.18 Mason Estates received an
offer(below) , dated the 18th August 1999 , for 372
Clontarf Road , Dublin 3 from :
Mr Alan Costello

373 Clontarf Road

Dublin 3
Tel
: 086 263 3200
Attn: Mr gary Flood
Mason Estates
148 Phibs borough Road
Dublin 7
Subject to Con tract/
Con tract denied
18th August 1999
Re: 372 Clontarf Road , Dublin 3
Dear Mr Flood
Further to our telephone con
versation regarding the above property and
your instructions regarding the sale
of same I am hereby making an offer
of 300,000 ( three hundred
thousand pounds ) for 372 Clontarf Road.
As instructed I am enclosing my
cheque for 10,000. This offer is
subject to all the standard con
ditions of sale. Should my offer be
accepted I would expect to receive
the con tracts as soon as possible
and if everything is in order I would
be prepared to pay the required
deposit immediately. Naturally
should my offer not be accepted
I should expect to have my cheque
returned immediately.
Yours sin cerely
Alan Costello

1999
August
.30 A letter(below) was received by
Rory Maguire , addressed to :
Mr Maguire,
372 Clontarf Road,
Clontarf,
Dublin 3.
from Mr Gary Flood B.Sc. M.I.A.V.I.
of Mason Estates...

MASON
E S T A T E S
MASON
E S T A T E S
148 Phibsboro Road, Phibsboro, Dublin 7
OUR REF: GF/TD
Tel : 830 4000
Fax : 830 4987
Email:
Website:

phibsboro@masonestates.ie
Mr. Maguire,
www.masonestates.ie
372 Clontarf Road,
Clontarf,
Dublin3.
30th August 1999
Re: Sale of

your property at the above address.

Dear Mr. Maguire,
I refer to our recent meeting and
con firm acceptance of your kind instructions to sell your
property at the above address as

sole selling agents.

We propose to sell your property
by private treaty inviting offerts in excess of 200,000.
Our marketing campaign will be as
follows:
We will:
(a) prepare a detailed
descriptive brochure of the property and circulate it to
suitable
enquiries on our
database
(b) display a photograph of
your property in our Phibsboro, Finglas,Ranelagh and
Booterstown offices
(c) include your property on
our Residential Summary Listing
(d) place a "For Sale" board
on the property
(e) include the property on
our website listing( www.masonestates.ie)
We wish to con firm that should
we be successful in introducing a purchaser, our fees in
the
matter will be at the reduced rate
of 1.5% of the selling price plus V.A.T. at the rate of 21%
plus advertising fees as agreed.
If we should not be successful in
introducing a purchaser we wish to assure you that your
only liability to us shall be our
previously agreed advertising costs.
I wish to thank you for these
instructions and I would like to take this opportunity to
assure
you that we shall use our best
endeavours to achieve a fast and successful sale of the
property.

Yours sincerely ,
Gary Flood ( signed )
________________________
Gary Flood B.Sc. M.I.A.V.I.
MASON ESTATES M.I.P.A.V.
Branches also at:
1 Ashgrove Mall , McKee
Avenue, Finglas, Dublin 11. Tel: 864 4111 Fax: 864
4256
Ranelagh Court ,
Ranelagh, Dublin 6.
Tel: 496 7955 Fax: 496 6606
115a Rock Road,
Booterstown, Co. Dublin.
Tel: 283 2355 Fax: 283 1137

http://www.efc.ie/home/
Padraig Flynns record of achievements for Mayo
will never be equalled by any politician argues
Castlebar Fianna Fil councillor, Blackie Gavin.
In what will be interpreted as a shot across the
bows at An Taoiseach Enda Kenny, Cllr Gavin made
the statement at a recent meeting of the Castlebar
Fianna Fil Cumann in the Welcome Inn Hotel.
There it was unanimously agreed that a vote of
thanks and appreciation be extended to former EU
commissioner Mr Flynn for his work on behalf of
Castlebar and Mayo during his years as a TD and
minister.
Mr Flynn resigned from the Fianna Fil party at the
end of March after the release of Mahon Tribunal
Report prompted the Fianna Fil parliamentary
party propose a motion that he be expelled from
the party, together with former Taoiseach Bertie
Ahern.
However at the Fianna Fil Cumann meeting in
Castlebar, several members spoke of the various
infrastructural projects which Mr Flynn had secured
during his term as Minister for the Environment.

The Flynn record speaks for itself, said Cllr Gavin.

This county benefitted from a whole range of
major projects for which he was responsible. All of
the infrastuctural advantages we enjoy in Mayo
today were a direct result of him representing his
county with such drive and determination over his
years in Government. What he did for Mayo will
never be equalled by any public representative of
any persuasion.
When asked by The Mayo News last night about
the Mahon Tribunal findings that Mr Flynn had
corruptly sought and received a payment of
50,000 from developer Tom Gilmartin in 1989, Cllr
Gavin remained tight-lipped and said it was a
private matter.
What happened in the Mahon Tribunal is a private
matter. It didnt involve any public funds, it was a
private matter between himself and Tom
Gilmartin, he told The Mayo News.
After the Tribunal findings were released, Mr Flynn
issued a short statement saying he rejected the
finding that he had received a corrupt payment.
The Castlebar Fianna Fil Cumann meeting
expressed its regret at Mr Flynns resignation from
the Fianna Fail party with several members noting
that his family had been founding members of the
Castlebar Cumann.
The senior civil servant has also maintained that various ministers over
recent years and a number of State agencies failed to fully investigate the
allegations.The civil servant indicated that he had obtained evidence of
the alleged tax avoidance while engaging in official duties a number of
years ago.
The dossier sent to the Public Accounts Committee (PAC) also contained a
number of exhibits, including what appear to be copies of bank records.
However, some political sources said the claims had been fully
investigated over the past decade. When contacted yesterday at his
Government department, the civil servant declined to comment.In a
covering letter sent to the accounts committee, the civil servant
maintained that he had drawn up a briefing note and associated

background material which disclose a system used by, inter alia, senior
politicians to evade Irish taxation in very significant amounts over many
years. They also reveal that investigations of these matters were halted
before completion, and that requests to resume those investigations were
refused.
The letter makes allegations regarding one former minister. Allegations
are also made in the dossier about a former judge.
RelevantIt is also claimed the evidence in the documentation could be
relevant to the defence of the State and of Mr Michael Lowry
(http://www.irishtimes.com/search/search-7.1213540?
tag_person=Michael%20Lowry&article=true) and Mr Denis OBrien in the
case being taken by the failed bidders in the 1995 mobile phone licence
competition.The dossier which had been delivered in hard copy only to
PAC members by registered post this week
Deputy McDonald said;
The allegations of tax evasion by named public figures contained in this
file are very serious. The alleged failure of state agencies to fully
investigate these matters is also of grave concern.
Notwithstanding the necessary caution in public commentary on these
matters, there are a number of questions regarding this governments
handling of the whistleblower allegations which can and must be clarified
by the Taoiseach.
I understand that the allegations forwarded to the PAC this week had
been brought to the attention of members of government from 2011
onwards.
The Taoiseach must clarify whether Minister Richard Bruton and Attorney
General Mire Whelan received correspondence alleging tax evasion and
related complaints.
The Taoiseach must set out what action, if any, his minister and the
Attorney General took in response to these allegations.
The Taoiseach must confirm whether Minister Richard Burton received a
detailed witness statement from the whistleblower in December 2012.
He must clarify whether Minister Bruton released that statement to the
Garda Bureau of Fraud investigations to assist with ongoing inquiries.
New documents from Revenue Commissioners chairman Josephine Feehily
reveal that, while 113m has been received in taxes and penalties from
those involved in the Ansbacher scandal, not one prosecution has
occurred.The Caymen island scandal, which was investigated by the
Moriarty tribunal involved former Taoiseach Charles Haughey, his
financial adviser Des Traynor and the former Guinness and Mahon bank
has not yielded a single prosecution because of a lack of "original
documentation".
"An essential requirement for a successful criminal prosecution is original

documents. There were very few original documents available and there
was no legal mechanism to compel Caymen entities to produce such
documents," Ms Feehily wrote.
According to the Revenue boss, Ansbacher was a "complex and secretive
system" whereby Irish depositors could have their funds offshore, have no
record of their deposits in Ireland and yet have access to their funds in
the State.
In total, 289 cases of illegality were identified, but according to Revenue,
these include "some who were very elderly and deceased".
Out of the total, 280 cases had been finalised as of December 31, 2012.
The documents state that as of the end of last year, a "total yield" of
112.69m has been obtained from 141 cases. This is made up of 50.1m
in tax paid and 62.59m in penalties.
Ms Feehily said that while many cases passed the serious evasion test to
be considered for prosecution, the time elapsed typically in excess of 10
years since the alleged offence occurred meant it would not be possible
to mount a successful prosecution. "Section 1078 of the Taxes
Consolidation Act provides proceedings must be initiated within 10 years
from the date of the commission of the offence," Ms Feehily added.
The Ansbacher accounts ran from 1971 and the Irish operation was finally
wound up in the mid-1990s.
Revenue commenced an investigation into the operation of the Ansbacher
accounts and the "tax affairs of resident account holders" in late 1999.
Independent TD Shane Ross said he was "absolutely gobsmacked" that a
coterie of the "great and the good" of Irish society have managed to
escape prosecution, when small businessmen were hammered and named
and shamed.
Mr Ross said: "It is incredible that despite getting in all that money, they
haven't been able to bring a single person to court. It's old Ireland yet
again exposed."
The Moriarty tribunal heard details regarding how Des Traynor ran the
Ansbacher system from the registered offices of Cement Roadstone
Holdings (CRH) during the late 1980s and early 1990s when he was
chairman of the company.
Joan Williams, who was Des Traynor's secretary for more than 20 years,
told the tribunal that she presumed that staff at CRH knew that Mr
Traynor was running an offshore business from the premises.
The tribunal heard how two other men involved with Ansbacher Padraig
Collery and John Furze worked out of Mr Traynor's CRH office from time
to time, although neither man had any connection with CRH.
There were 200 Ansbacher names. From 2002:
A long-awaited report into the biggest financial and political scandal to hit
Ireland was published today, exposing the names of 200 clients who held
accounts with a sham bank.
Publishing the High Court-ordered report in Dublin today, Paul Appleby,
director of corporate enforcement said: The company, now known as
Ansbacher (Cayman) Ltd, secretly operated in this jurisdiction for over 20
years and conducted business which, the inspectors have found, amounts
to evidence tending to show that it contravened prevailing banking, tax,

company and other legislation.When its activities came to light in 1997,

the nation was shocked that such activity had occurred and had remained
effectively hidden from official authorities for so long.
He said his office would now be supporting efforts to recover the 3.2m
cost of the report, which runs to 10,000 pages, weighs 25 kilos and stacks
more than a metre high.
He added: I have no doubt that other relevant state authorities such as
the Central Bank, the Revenue Commissioners and the Director of Public
Prosecutions, will closely evaluate their own legal options in the light of
the information contained in this report.
Among those named today were Sir John Derek Birkin, now retired, a
former leading industrialist in the UK, and John Byrne, a well-known
property developer in Ireland and the UK.
Among the political clients were former Irish politicians Hugh Coveney and
Denis Foley.
Others listed include the late John Guinness and his widow Jennifer. Mr
Guinness was formerly director and chairman of Guinness and Mahon
bank.
Doctors, architects, solicitors, company directors and chairmen particularly from the company Cement Roadstone Holdings (CRH) - and
bankers.
However, the report pointed out that not all clients of the bank, which was
established by Des Traynor, the late financial adviser to Mr Haughey, were
evading tax.
Some of the high society clients fought to keep their names secret but last
month the president of the High Court, Mr Justice Finnegan, ruled it was in
the public interest for the report to be published in full.
More than 200 witnesses were interviewed for the report which should
have been published last Monday, but the printer said it was impossible to
run off the 10 million pages in time.
THE judge who was appointed as High Court inspector into the Ansbacher
affair held an account at the bank at the centre of the offshore tax evasion
scandal, a whistleblower claims.
The civil servant, who was heavily involved in the probe into the
Ansbacher accounts, alleges a cover-up in relation to his claims.
The whistleblower's key allegations are:
Declan Costello, a former Fine Gael TD, Attorney General and High Court
judge and son of former Taoiseach John A Costello, who was appointed as
a High Court inspector into Ansbacher, held an account with Guinness &
Mahon bank, which was at the centre of the offshore tax evasion scandal.
Former Fianna Fail and Fine Gael ministers held Ansbacher accounts,
which were not revealed by an investigation into the offshore tax evasion
scheme.
The Moriarty Tribunal did not properly investigate Ansbacher - a state of
affairs that undermines the integrity of the tribunal and the reliability of
its findings.
The startling claims about a series of living and dead political figures are

contained in a dossier sent to the Dail Public Accounts Committee (PAC).

He says he forwarded the allegations to ministers in three successive
governments, including a serving Cabinet minister, but action was not
taken.
However, eight years ago the claims were passed to the Revenue
Commissioners, Garda Siochana, the Office of the Director of Corporate
Enforcement, the Moriarty Tribunal and the Mahon Tribunal.
A file was sent to the DPP at the time.
The new dossier outlining the allegations has been sent by registered mail
to each member of the PAC.
The Taoiseach last night said claims about tax evasion would be fully
examined.
In the dossier, the whistleblower provides copies of bank account details
of Mr Costello, which he claims, show transactions and interactions with
Des Traynor.
Mr Traynor was the accountant who set up offshore Ansbacher accounts,
allowing hundreds of well-heeled individuals to evade tax.
"Mr Declan Costello had a major conflict of interest as described above
when he accepted the nomination and acted as a High Court inspector," he
says in the dossier.
But Mr Costello was contacted by the whistleblower and denied carrying
out any banking business with Mr Traynor.
The long-serving civil servant also alleges the Fianna Fail and Fine Gael
figures named held Ansbacher accounts in the Cayman Islands - but were
never properly investigated by State agencies.
The dossier gave details of the alleged existence of a ledger held by Mr
Traynor, allegedly used to record details of these senior politicians.
The names of the politicians listed in the dossier, living and dead, are
known to the Irish Independent.
Last night one of them denied he had engaged in tax evasion using
offshore accounts. A close relative of one of the deceased politicians said
she "very much doubted" the allegations.
The whistleblower also says the allegations in his 30-page briefing
document may be relevant to the defence of the State and Michael Lowry
and Denis O'Brien in the case being taken by the failed bidders in the
1995 mobile phone licence competition.
He alleges the ledger was not properly investigated by authorities,
including the Moriarty Tribunal.
"The information contained in the briefing note shows that the Moriarty
Tribunal failed properly to investigate significant evidence brought to its
attention ...
"This failure has the potential to be seen as seriously undermining the
integrity of the tribunal and the comprehensiveness and reliability of its
findings."

He made the allegations under the new protected disclosure legislation,

which allows whistleblowers to come forward without fear of reprisal.
He says he came across the information in the course of his official duties,
but was instructed to terminate his inquiries before completing his work.
The information was first raised with a government minister several years
ago, the whistleblower claims. "I am of a view that this department has a
duty to inform the High Court that the Ansbacher High Court investigation,
led by Mr Declan Costello, did not uncover any evidence of the existence
of the most important Ansbacher ledger maintained by Des Traynor in
Guinness & Mahon."
The Taoiseach said he had not seen the dossier but he said that PAC has
now asked for legal advice. He noted a garda statement that the matters
had been investigated in the past.
PAC is likely to decide on a course of action when it meets again next
Wednesday.
The chairman of the committee, John McGuinness, indicated it would be
taking a cautious approach.
Sources said the most likely course of action would be for the dossier to
be passed to the gardai.
Gardai last night confirmed that the allegations had already been
investigated by the Garda Bureau of Fraud Investigations. A file was
passed to the DPP.
In 1999, Costello, the former Fine Gael TD and son of former Taoiseach
John Costello, was appointed to lead the High Court Inspection of the
offshore accounts scandal.The former President of the High Court resigned
on health grounds before the inspection - managed by three inspectors into Ansbacher's affairs was completed.
Their appointment followed the McCracken Report of the Tribunal of
Inquiry into the Dunnes payments.
McCracken revealed that from the mid-1970s, Ansbacher (Cayman)
Limited had placed substantial deposits with Guinness Mahon Ireland bank
on behalf of Irish residents, which by 1989 had grown to about IR38m.
Declan Costello, who died three years ago, is regarded as a hero in Fine
Gael.
The former Attorney General and European Union Commissioner, Peter
Sutherland, has completed his evidence to the Moriarty Tribunal. Mr
Sutherland was answering questions concerning a bridging loan he
secured from Guinness and Mahon Dublin in 1976. A deposit account with
Guinness and Mahon in the Channel Islands is said to have related to the
loan file, but bears no name except a reference "P3". Mr. Sutherland told
the Tribunal that he had no idea why this is connected with his loan
Despite the fact that the loan started off as bridging finance it was not
settled for another four years. Mr Sutherland said that this was because
he was "less than attentive to my own financial affairs". Earlier, Mr
Sutherland denied ever having placed funds offshore with Guinness and

Mahon Cayman trust or any of their subsidiaries.Over 19 documents from

his loan file in Guinness and Mahon have been examined and almost all
contain the term "suitably secured". Within the bank this reference meant
having funds offshore to back up a loan. Mr Sutherland said that he never
knew of this term until contacted by the Tribunal.
He has said that his Spanish father- in- law set up a family trust with
Guinness and Mahon Channel Islands, also in 1976, when he introduced
him to personnel from the Dublin bank. However he said that he never
gave permission for the trust to be used as security in his loan and if this
was the case it was done without his consent. This trust fund eventually
"settled" with Guinness and Mahon in the Cayman Islands. Mr Sutherland
said that he was in no way connected with it nor was he a beneficiary of
the trust. He also said he had sent his solicitor to Guernsey to make
enquiries, but he was told that documents relating to the 1970's had been
destroyed. He has now completed his evidence.
The Tribunal has adjourned until Thursday next. Before rising, lawyers
indicated that they needed time to examine new documentation given to
them this week, which is pertinent to the current sitting. They said they
needed some time to examine this documentation in detail, and to put
people on notice, before sitting in public again
Minister for Jobs and Enterprise Richard Bruton has been accused of
interference with the administration of justice by the civil servant in his
department who sent a highly controversial dossier on tax evasion to the
Dil Public Accounts Committee.The civil servant, Gerry Ryan
(http://www.irishtimes.com/search/search-7.1213540?tag_person=Gerry
%20Ryan&article=true), maintained that Mr Bruton had not forwarded a
witness statement sought by garda, and which was first given to the
Minister almost two years ago, in December 2012.
Mr Ryan also maintained Mr Bruton failed to acknowledge two emails sent
to him in March 2011 as well as a registered letter sent to his home in
Dublin later that month in which he requested a short meeting to deliver a
briefing note and background information regarding his claims about tax
evasion involving senior politicians.
In the documentation sent to the committee, Mr Ryan said he had been
asked by the Garda Bureau of Fraud Investigation (GBFI) to prepare a
witness statement on a possible prosecution in relation to the tax evasion
allegations.He said the witness statement was submitted to Mr Bruton,
through an assistant secretary in the department in December 2012, for
him to approve disclosure to the garda in line with company law. He said
the statement had been read and approved for release by a senior
counsel.
ConspiracyMr Ryan said the statement contained substantial evidence
supporting allegations of a conspiracy between a named individual and
other persons to defraud the Revenue Commissioners.It is my view that
the failure to forward the witness statement to the GBFI in an interference
with the administration of justice, to which I do not wish to be a party.
Mr Ryan, a Department of Enterprise official who was tasked with
investigating the Ansbacher scandal, detailed how Mr Justice Michael
Moriarty was briefed about the allegations in April 2004.According to Mr

Ryan, the judge was told of claims that the names of several former
Fianna Fail ministers and a former Fine Gael minister appeared in a "very
secret" ledger for high-profile Ansbacher account holders that was kept in
a black briefcase.
The judge was informed of the matter by a barrister acting on Mr Ryan's
behalf, he claims in a dossier supplied to the Dail Public Accounts
Committee last week.
At the meeting, it is claimed Mr Justice Moriarty said it was appropriate for
Mr Ryan to continue his investigation as there was "no sense" in the
tribunal going over the same ground as it was "under-resourced".
"He asked the authorised officer (Mr Ryan) to disclose to the tribunal on a
regular basis whatever information he had gathered from his
investigation," the dossier said.
After his investigation was closed down later that year, Mr Ryan said a
government official told him Mr Justice Moriarty was "neutral" on the
decision for it to be discontinued.
In the dossier, Mr Ryan went on to criticise the tribunal for not picking up
the investigation.
He claimed it should have asked questions of bank officials and TDs at its
public hearings to establish whether the accounts existed.
"Not one former employee of Guinness & Mahon was asked any questions
about the senior Fianna Fail TDs' Ansbacher accounts at any public
hearing of the tribunal," he said."None of the senior Fianna Fail TDs with
accounts in the very secret Ansbacher ledger were ever questioned at
public hearings of the tribunal about their Ansbacher accounts, nor was
the Fine Gael minister."
Mr Ryan added: "The Moriarty Tribunal was aware of all of these matters
prior to the publication of its report and chose not to make reference to
this evidence of possible wrongdoing covered by its terms of reference."
The serving civil servant alleged this was a state of affairs that
undermined the integrity of the tribunal and the reliability of its findings.
Revenue set up a special project team and commenced an investigation
into the operation of the Ansbacher Accounts and the tax affairs of the
Irish resident account holders in September 1999. A succinct summary
was provided to the
http://www.revenue.ie/images/icon_pdf_small.gifPublic Accounts
Committee in a letter dated 6 March 2013
(http://www.revenue.ie/en/press/pac-letter.pdf) (PDF, 724KB) and was
published by them on www.oireachtas.ie (http://www.oireachtas.ie).
Revenue has publicly reported on its Ansbacher investigations in Annual
Reports since 2000
http://www.revenue.ie/images/icon_pdf_small.gifSummary
(http://www.revenue.ie/en/press/annual-report-summary.pdf) (PDF,
226KB).Revenue's investigations and examinations involved the extensive
use of its legislative powers, including applications to the High Court, for
the production by financial institutions and other third parties of books,
records and other documentation that were relevant to the liabilities of
account holders.
The High Court Inspectors Report, the Authorised Officers Reports and all
other relevant information obtained by Revenue were considered as part

of this investigation. Of the 289 cases, 179 were listed on the High Court
Inspectors Report and 110 similar cases were discovered by Revenue or
listed on the Authorised Officers Report. As you know, Revenue cannot
provide information in relation to the tax affairs of named individuals, nor
can we publish a list of cases except where they meet the criteria for
publication in the Tax Defaulters List under the provisions of Section 1086
Taxes Consolidation Act 1997 (available on www.revenue.ie
(http://www.revenue.ie)).
Of the 289 cases, 283 are finalised and enquiries into the remaining 6
cases are well advanced. The yield from the Ansbacher investigation as at
31 December 2013 was 112.77m from 143 cases.
As outlined to the PAC in March last year, there were no prosecutions of
any individuals in relation to the Ansbacher accounts. The matter of
prosecution of any Ansbacher account-holder must be addressed by
reference to the then prevailing facts and circumstances. Firstly, an
essential requirement for a successful criminal prosecution is original
documents. There were very few original documents available and there
was no legal mechanism to compel Caymen entities to produce such
documents. Secondly, the Ansbacher accounts ran from 1971 and the
Irish business was wound up in the mid-1990s. While the majority of
Ansbacher cases passed the serious evasion test to be considered for
prosecution, the time elapsed, typically in excess of 10 years, since the
alleged offence occurred meant it would not be possible to mount a
successful prosecution (section 1078(7) of the Taxes Consolidation Act
1997 provides that proceedings must be instituted within 10 years from
the date of the commission of the offence)
Senior politicians who had secret offshore bank accounts used the tax
amnesty to escape being exposed as Ansbacher account holders, gardai
believe.
Some of the Fianna Fail and Fine Gael politicians named by a
whistleblower in the Ansbacher dossier had immunity due to amnesties
arranged by the Fianna Fail-led governments in 1988 and 1993, it is
claimed.
* The Department of Jobs has confirmed Mary Harney wound up the
investigation into Ansbacher accounts, at a time when Mr Ryan was
looking into the alleged involvement of former Fianna Fail and Fine Gael
ministers;
Mr Ryan put together a new document in the past couple of years and has
produced this to the Public Accounts Committee.
In his dossier, he says a former senior official at Guinness & Mahon told
him of a "ledger of regular posted transactions" to the Cayman Island
Accounts kept in what was known as the "Black Briefcase".
On a number of occasions in 1977 and 1978, the official had sight of a list
of names and account balances in the "very secret Cayman ledger and
that the account holders included well-known Fianna Fail TDs".

The name of the former Fine Gael minister appears elsewhere in the
dossier.
Taoiseach Enda Kenny has rejected allegations that Minister for Enterprise
Richard Bruton was part and parcel of political obstruction over
allegations that a number of former senior politicians engaged in tax
evasion.
An official in Mr Brutons department, Gerry Ryan, sent a dossier to the
Public Accounts Committee alleging that a number of politicians held
Ansbacher accounts. Mr Ryan claimed Mr Bruton delayed sending a
witness statement to the Garda Bureau of Fraud Investigation.
Mr Kenny told her: I do not believe Minister Bruton was part of a pattern
of political obstruction.
He said the evidence was that the Minister requested that the work would
proceed on the completion of the witness statement.
Mr Bruton had briefed him on the reasons for the delay in sending the
witness statement to garda.
You have to wonder about how the Revenue investigated the Ansbacher
accounts. It's worth while recalling how Ben Dunne's tax liabilities largely
went away after Haughey intervened on his behalf with former head of the
Revenue Seamus Pairceir.
It has already been established that Mr Dunne arranged for Mr Haughey to
receive 2m. Last week it was revealed that, arising out of meetings with
the then chairman of the Revenue Commissioners, Seamus Pairceir, which
were arranged by Mr Haughey, the Dunne family trust tax assessment of
39m was reduced to 16m - a saving of 23m.The tax bill was
subsequently reduced to zero by an independent appeals body. By that
stage, Mr Pairceir had retired from the Revenue and was acting as a tax
adviser to Mr Dunne for the appeal.
Material released by the Moriarty tribunal reveals for the first time a
strong correlation between the payments and a previously unknown act
carried out by the former Taoiseach for Mr Dunne.
This unknown act was the arrangement of a meeting for Mr Dunne and his
tax adviser with the then chairman of the Revenue Commissioners,
Seamus Pairceir. Furthermore, a note from a tax official also suggests that
within the Revenue, it was expected that Mr Haughey would be acting on
behalf of Mr Dunne.
A discredited former Ansbacher banker was today barred from running a
business for nine years over his role in the secret investments scandal.
Padraig Collery, computer expert and record keeper, worked for the bank
from 1976 and ran is affairs in Dublin in the mid-1990s helping clients to
dodge tax and plough huge sums into hidden accounts.
He is the first person to be disqualified over Ansbacher one of the
biggest financial and political controversies in the history of the State.
It was estimated he made 400,000 (583,717) [sterling] running the
business.
The Ansbacher Report found hundreds of people held deposits of at least
50m (72m) in offshore accounts during the 1980s and 1990s through
an ingenious system of secret banking, with little or no paper trails.
It disclosed widespread tax evasion and evidence that Collery assisted two

firms Ansbacher (Cayman) Ltd and Hamilton Ross Company Ltd to operate
in the State in breach of company law.
In a ruling at the High Court, Ms Justice Mary Finlay-Geoghegan said
Collery was not fit to run a company.
The conduct of Mr Collery from 1991 to 1997 in relation both to
Ansbacher and Hamilton Ross as found by the Inspectors is such as to
make him unfit to be concerned in the management of a company, she
said.
High Court Ansbacher inspectors found evidence that Collery helped the
two banks and their hundreds of clients to evade tax. But not all
Ansbacher customers were tax dodgers.
Paul Appleby, director of corporate enforcement, who brought the action
against Collery, said: These were highly secretive operations which were
exposed over time using the valuable investigative provisions in the
Companies Acts.
The message for others from todays judgment is that the use of
corporate structures for unlawful purposes is not worth the potential
damage to personal and corporate reputation.
The Revenue Commissioners report for 2004 showed 45.4m euro (31m)
had been paid to them from Ansbacher investigations. Only 108 of the
identified 289 cases had been finalised, suggesting further large sums will
be collected.
Ms Justice Finlay-Geoghegan said the appropriate period of disqualification
for Collery was 12 years.
She said his conduct was of a particularly serious nature but fixed the
term at nine years after a number of mitigating factors were taken into
account.
FG/FF/Lab govt cut the funding of 12% for ODCE especially when they
were conducting their biggest investigation ever (2010-13), 23% cut
Garda Fraud investigation (2008-2011- (GBFI) 15% for CAB which
hampered the work far greatly than we think. So the info on Ansbacher
saga couldn't be brought out into the open.
Question marks re Richard Bruton role re Ryan's statement that Garda
was looking for.
None of the people involved with Ansbacher offshore accounts were ever
prosecuted.
Mary Harney stopped Ryan's work by stating it was well over seven years
but no excuses despite criticism from Rabbitte... look at the tribunals,
which took a very long time (more than seven years) to get into the heart
of the matter. Whatever reasons, that Harney stopped doesn't stand up to
scrutiny even up to now.
New whistleblower legalisation recently doesn't cover Ryan but govt
sources said he's safe for now nor he be penalised.
There is something big or fishy in there especially when funding were
deliberately cut for ODCE & other agencies mentioned above, when they

conducted their biggest investigation ever hence resources were severely

restricted and also affected hugely and it hindered their progress
enormously
Ryan has told the PAC his inquiry was terminated before he could ask
Alcan about who benefited from its payments and if they were made in
return for any political favours.
The civil servant said he discovered the Alcan deposits in correspondence
relating to a Guinness and Mahon account in Guernsey which was held at
the banks headquarters in London. The file was obtained from the bank
by Britains Dept of Trade and Industry at Ryans request. He has told the
PAC that a substantial number of documents had been removed before
they were handed over by the bank to British authorities.
1. Des O'Malley has been named as one of the politicians in the Ansbacher
dossier by @MaryLouMcDonald (https://twitter.com/MaryLouMcDonald) in
the Dil.
2. The suggestion therefore is that Des O'Malley's name in the dossier
influenced PD leader Mary Harney to prematurely shut down the Inquiry
3. But this is not the case. As I understand it, the reason Des O'Malley
held the Guinness & Mahon account was absolutely not to evade tax.
4. The ownership of a Guinness & Mahon account does not necessarily
equate with tax evasion. Be cautious with assumptions.
5. When the reason Des O'Malley had a Guinness & Mahon account is
revealed, it may cast a very different light on what is now being assumed.
6. The reason (apparently) that Des O'Malley had a G & M account was for
ethical reasons when Minister, before ethics rules were introduced
When a consortium led by Alcan opened the Aughinish Alumina plant in
the autumn of 1983, it was the biggest industrial project in the country.
The other consortium members were Billiton, part of Shell, and Anaconda,
part of Atlantic Richfield.
Frank Dunlop, FF government press secretary until 1982, was employed
as a public relations consultant for Aughinish Alumina. Last week he said
he knew nothing about Alcans payments into the offshore accounts.
In February 1978, Ray Burke, then junior minister for industry, commerce
and energy, told the Dail that Alcan had received IR16.75m over nine
years in state capital grants and interest subsidies, as well as qualifying
for export tax relief. He refused to publish Alcans agreement with the
IDA.
Given that even the mention of a politician's name in connection with the
bank is deemed enough of a slur to have Elaine Byrne above emphasising
that having account with the bank, in and of itself, isn't conclusive
evidence of corruption, surely, at some point, should O'Malley not have
gotten on public record that yes, he did have this account, but it was for,
errr, "ethical reasons" rather than unethical ones? Or is this expecting too
much? How big was G&M's business? And if O'Malley's connection with
G&M were "extensively investigated" by the Revenue, the Gardai, and
Moriarty, how come this is the first public airing of this information?
The Ansbacher investigation named over 200 account holders.
http://www.breakingnews.ie/ireland/ansbacher-report-names-200-clients58593.html

There's a comprehensive list of the names here.

http://www.gavinsblog.com/2009/04/06/ansbacher-account-holders/
These particular names never came into the public domain though.
What I'd like to know is whether the Revenue actually did investigate the
politicians mentioned today?
None of them have specifically said that they were contacted by Revenue.
he division of responsibilities between Mr Collins and Mr Furze meant that
Mr
Collins looked after American business, for some reason that remains
unexplained, Mr
Furze had a number of American clients, who were in the main members
of a family
called Pruna, or associates of that family. Mr Furzes involvement in the
affair of the
Pruna loans is one of the most bizarre matters in the whole Ansbacher
saga. The Pruna
family members and their associates were residents of the United States.
During the
relevant period, some of them were under investigation for drug-related
offences in the
US. Two members of the family, Fernando and Eudelia Pruna, who were
clients of
Ansbacher, had loans from Guinness and Mahon backed by their Cayman
funds.
Guinness and Mahon furnished the Inspectors with copies of
correspondence consisting
of letters written on Guinness and Mahon notepaper, but bearing an
illegible signature,
from which it appeared that Guinness and Mahon had made a loan to two
other members
of the Pruna family, Andreas Pruna and his wife Maria Isobel, secured on a
property in
Miami Beach, Florida. In November 1985, Mr Andreas Pruna wrote to
Guinness and
Mahon saying that he would be unable to make the first interest payments
and that he had
doubts about his ability to repay the principal sum. He offered to transfer
the deeds of the
property in Miami Beach to Guinness and Mahon in lieu of foreclosure. By
further letter
on Guinness and Mahon notepaper, Guinness and Mahon appeared to
accept the offer,
and to arrange for the property to be registered in the name of Mars
Nominees, their
nominee company. This registration in fact took place. Steps were later
taken to convey
the property by warranty deed to Ms Maria Isobel Pruna, the wife of
Andreas.
125
The Inspectors have received evidence from Guinness and Mahon to the

effect that no
bank documentation relating to the alleged loan exists, that Guinness and
Mahon believes
that the loan was a fiction, and that GMCT falsely used Guinness and
Mahons notepaper
to create the alleged correspondence between Guinness and Mahon and
Mr Andreas
Pruna.
In 1988, Mr Furze wrote to Mr Traynor to inform him that the Prunas were
under
investigation in the US for alleged drug-related offences. He explained
that they were
clients of Cayman, and that Mars Nominees would be involved in the
investigation
because the Miami Beach property had been registered in its name. Mr
Furze alleged that
he had not known this. Subsequently, an arrest and forfeiture notice was
served on
Guinness and Mahon and Mars Nominees
The Inspectors believe that on the balance of probabilities, Mr Furze not
only knew of the
registration of the property in the name of Mars Nominees, but also was
active in
bringing it about. It is not possible to say whether anyone in Guinness and
Mahon was
complicit in the affair, but it is clear that Mr Furze could easily have
obtained Guinness
and Mahon headed notepaper on his trips to Dublin, without the
involvement of any other
person. The Inspectors have obtained evidence from Mr John Collins to
the effect that,
although Mr Collins himself usually dealt with American clients, Mr
Andreas Pruna was
a client solely of Mr Furze. The Inspectors are of the view that there is
thus evidence
tending to show that Mr Furze, acting in his capacity as a director of
GMCT, conspired
with Mr Andreas Pruna in an attempt to prevent, by fraudulent means, the
forfeiture of
the Miami Beach property by the US authorities.
Who was Collins ?
It is necessary in our anger, to be careful in our assertions. Guinness &
Mahon was a respected Merchant Bank ( in so far as any merchant bank
might be considered respectable) founded in1836. Dessie OMalleys
account, as I understand it, was not in a tax haven (such as
Ansbacher).and all taxes due were paid. If he is to be believed, the origin
of the money was a family inheritance. His sin in my eyes was not making
this clear earlier through loyalty to his class.
The important point which has been made by many, is the source of funds
in these accounts. Payments by Alcan and no doubt lots of other
corporations into Ansbacher suggest corruption on a large scale. Since

these are outside the remit of the CAB we are dependent on Mary Lou and
the press to investigate. The rest of us do not have the resources.
Unfortunately the Independent Newspaper Group is not fee of tarnish and
Mary Lou has her own agenda.
As a more trivial point the quote pour encourager les autres comes from
Voltaires Candide which pre-dated the revolution by 30 years,
Was this what they call money laundering ?
Mary Lou may have made her allegations for entirely cynical political
reasons but that does get away from the fact that she has done us, Sean
Citizens, a great service. The insiders have been aware of these names for
years but kept them secret from the great unwashed.
The Irish political class have had their noses in the trough from the time
Dev diverted American money to set up the family business, the Irish
Press newspaper group. No doubt some of those on the list banked with
Guinness & Mahon for entirely innocent reasons and Dessie OMalleys
explanation has a ring of truth. However, as they were aware that their
names were being bandied about among insiders and also aware that
considerable wrongdoing had been carried out by others, they (or their
heirs) should have volunteered their innocent explanations as soon as
they heard that their names were mentioned in Ryans report.
Sidewinders contribution of 24-11-14 is apposite there are about 120
interconnected dynasties, with about 3,500 members and associated
cronies slurping at the trough that accounts for the vast majority of the
corruption. These dynasties need not be surprised when the great
unwashed decides to, metaphorically speaking, take a few heads off,
guilty or innocent, pour encourager les autres
Nope, what I am saying is that some individuals in all parties will always
be corruptible. I have personally decided to try and avoid always voting
for the same party, and to vote for individuals who seem to me to be
decent people and to mean what they say. I think that is the best way to
avoid corruption, personally. And obviously, if someone is later shown to
be corrupt, I won't vote for them again. I am not, repeat not, one of North
Tipp's loyalty to Lowry no matter what types.
With regard to the councillor I voted for last year, she was in the Metro
recently as standing up TO local businesses and their toxic "anti-zombie"
ad campaign, when they were trying to get the methadone clinic in Dun
Laoghaire town centre closed.
So on her personally, I don't feel I made a bad call.
Care to have a go at me for voting Joe Higgins into the European
Parliament now, would you? Or electing Michael D?
Nah, thought not.
All parties contain competent politicians of reasonable character, all also
contain bad eggs. We need to make sure the former prevail.
There are a number of measures that could be taken (and haven't yet
been), like exchequer funding of parties at election time and the banning
of all political donations, that could be used to tip the balance in favour of
the honest. Such measures are possibly even more important than

periodic changes in who is governing us. Without safeguards, they are all
exposed to the same temptations and some will fall foul.
And it is extremely unfair to dismiss half the electorate as only looking
after their own pockets. While I wouldn't wholeheartedly agree with them,
there are plenty who genuinely believe that good conditions for business
make everyone better off. Without necessarily being in business
themselves. Not all are wealthy. There are also plenty of those who grew
up in working class areas who believe that lots of welfare recipients are
gaming the system and can quote examples in favour of tightening the
rules. They can quote examples. I don't agree with those guys either, but
having argued with them, I'm left in no doubt that they sincerely believe
what they do.
It is necessary in our anger, to be careful in our assertions. Guinness &
Mahon was a respected Merchant Bank ( in so far as any merchant bank
might be considered respectable) founded in1836.
I'm trying to see from your point of view, but I can't.
This is black and white: there can be no legitimate reason for a public
representative maintaining a bank account in a tax haven...that's all she
wrote. That's my magnetic north.
Dessie OMalleys account, as I understand it, was not in a tax haven
(such as Ansbacher).and all taxes due were paid. If he is to be believed,
the origin of the money was a family inheritance. His sin in my eyes was
not making this clear earlier through loyalty to his class.
Why on earth would I believe an ex-FF politician's explanations about
dodging tax?
Ansbacher accounts were funds lodged in Ireland by the Cayman Islands
bank, Ansbacher (Cayman) Ltd. They were at the core of an unauthorised
financial service run in secret by the late Des Traynor. They allowed
account-holders to lodge money with Guinness Mahon Bank in College
Green which was then held offshore. The money would be accessed
through Mr Traynor in Dublin. They ran from 1971 and the Irish operation
was finally wound up in the mid-1990s.
The important point which has been made by many, is the source of funds
in these accounts. Payments by Alcan and no doubt lots of other
corporations into Ansbacher suggest corruption on a large scale.
Yeh.
Everybody wants this to go away.
I expect Fine Gael have established similar revenue streams.

David Begg must explain Role of Central Bank

May 1, 2014

Paddy Healy
Leave a comment
Go to comments

Scroll Down for Record of David Begg on Board of Central Bank

Before and During the Financial Crash also Wikipedia on Central
Bank of Ireland

Sentencing of Anglo and Irish Life

and Permanent Top Dog Fraudsters
Adjourned until Friday
Thousands lost their life savings due to the
fraud!

Wed July 27
Is there a dirty deal between the Government and the Defendants
To Protect the state from compensation claims?
At the sentence hearing on Monday Last, defence pointed out that
there was no loss to the bank or to the state due to the fraud
There ar no reports of the Prosecution on behalf of the Government
pointing out that thousands of small investors were defrauded of
their life savings
There were several high ranking character witnesses called in
support of mitigation of sentence by the defence
But there were no victim impact statements given though these are
criminal convictions
Prosecutor OHiggins SC,for the prosecution (State), told the judge
that the maximum effective sentence was ten years asccording to
newspaper reports
But no demand for the maximum sentence to be applied was
reported.
The defense on behalf of the convicted bankers did not call the then
regulator, the then governor of the central bank, the then secretary
general of the Department of Finance
Have the defense instructed by the bankers and the government
(who instructs the prosecuting lawyers) done a deal to prevent
small investors getting their money back???
Lawyers for the defendants and the Government must take
instructions from their clients unless such instructions are illegal,
unethical or in breach of court rules.
Hence the players in any deal are not the lawyers but the
government and the convicted bankers.
Noonans Non Reply To Seamus Healy TD in Dil: Will Small
Shareholders be Compensated??
QUESTION NO: 115
DIL QUESTION addressed to the Minister for Finance (Deputy

Michael Noonan)
by Deputy Seamus Healy for WRITTEN ANSWER on 23/06/2016
To ask the Minister for Finance if he will recommend that small
shareholders be compensated by the State at least to the extent of
the entitlement of depositors under the Bank Deposit Guarantee
Scheme, given the conviction of two former executives of AngloIrish Bank on a charge of conspiring to defraud investors, that
Government and his Department, the Office of The Regulator and
the Central Bank were all aware of the relevant transaction in
advance of the publication of the misleading accounts of the affairs
of the bank and the other evidence and remarks of the Judge in
Court (details supplied see further down); and if he will make a
statement on the matter.
REPLY.
As previously outlined to the Deputy in my answer to parliamentary
question number 108 on 16th June 2016, Anglo Irish Bank was
nationalised on 15 January 2009 and on that date the Minister for
Finance acquired all of the ordinary and preference share capital by
virtue of the provisions of the Anglo Irish Bank Act 2009, therefore,
as of that date, the ownership of the shares in Anglo Irish Bank
would have transferred to the Minister for Finance. If the
Government had not nationalised Anglo Irish Bank, the Bank had
the potential to collapse and impact on the entire Irish banking
system. At that time, shares were valued on the market in the
region of 0.22, however in the event of the Bank failing, Anglo
Irish Bank s shares would have been worthless.
Sections 22-32 of the Anglo Irish Bank Corporation Act 2009
provide that the Minister for Finance shall appoint an Assessor at an
appropriate time having regard to the public interest. The job of the
Assessor is to independently determine the fair and reasonable
aggregate value, if any, of the transferred shares and extinguished
rights and the consequent amount of compensation, if any, that
may be payable to persons in respect of Anglo Irish Bank shares
transferred and rights extinguished under the Act. Since the
liquidation of IBRC in February 2013, there has been no timeframe
set for the appointment of an Assessor.
An update on the liquidation of IBRC can be found at
http://www.finance.gov.ie/sites/default/files/Progress%20update
%20report_31%20Dec%202015_0.pdf
The Deposit Guarantee Scheme (DGS) was established to protect
depositors in the event of a bank, building society or credit union
authorised by the Central Bank of Ireland being unable to repay
deposits. The DGS is part of the Central Bank of Ireland s strategy
to ensure that the best interests of consumers of financial services
are protected. The DGS is administered by the Central Bank of
Ireland and is funded by the credit institutions covered by the
scheme. The DGS was not established to protect equity investors.

Detail Supplied: In a document prepared for its board, the

regulator admitted: There is also information available that might
be argued to support a defence against accusations of market
abuse, specifically in relation to knowledge within the Financial
Regulator/Central Bank, but also more generally in relation to the
role of the Department of Finance, Central Bank and Financial
Regulator encouraging institutions to co-operate with each other in
extremely difficult circumstances where the very existence of the
Irish financial system was in some doubt.
There is also evidence in notes kept of meetings of the Domestic
Standing Group made up of the Department of Finance, the
Central Bank and the Financial Regulator that the state was
monitoring how Anglo and IL&P were working together in the
months before the 7 billion fraud.-Sunday Business Post,
19/06/2016
Full Report
http://www.businesspost.ie/damning-files-reveal-central-banksrole-in-e7bn-banking-fraud/
Business Post 19/06/2016

Remarks of Judge in Court

These were classic back-to-back transactions,
done for public optics only, the judge said in
his February ruling. He said he believed the
regulator condoned optics-based balance
sheet management as it did not want Irish
banks to go down. The Irish authorities were
frightened by what they had seen with Northern
Rock and they had seen central banks in other
jurisdictions help their banking systems.
Neary and Hurley were hands on and entirely involved in the
effort to save the Irish banking system, the judge said. They had
put the green jersey into Caseys mind, and Casey had acted on it.
Colm Keena, Irish Times, June 9,2016
Mr Peter Fitzpatrick (Irish Life and Permanent) who was acquitted
of the conspiracy to defraud investors said in a statement to gardai
quoted in court:
He said that prior to January 2009, ILP never received any request
for clarification from Anglo or its auditors, the then financial
regulator Patrick Neary or the then Central Bank governor John
Hurley

Political expediency

I feel that the matter was dealt with as a matter of political

expediency with no reference to the substance of the transaction.
I believe that the actions of the [financial] regulator post 30
September 2008 effectively shows [sic] that he tacitly if not
explicitly approved such actions. Without this understanding the
transaction would have in all certainty not have taken place, he told
garda.Declan Brennan,Irish Times, , May 5, 2016, 18:07
On one end of the line was John Bowe, Anglos head of capital
markets. At the other was Mary Elizabeth Donoghue from the Office
of the Financial Regulator.
The call occurred on October 28, 2008, weeks before publication of
Anglos preliminary results on December 3, 2008. Critically, it also
came weeks after the execution of a spectacular 7.2bn scheme of
circular transactions between Anglo and Irish Life & Permanent..
Lets call a spade a spade, said Donoghue as Bowe explained the
motivation behind the balance sheet window dressing exercise,
insisting it had nothing to do with the liquidity crisis then engulfing
banks around the globe, including our own.
The conversation included this exchange:
Bowe: This was purely about avoiding an issue of
confidence in the bank.
Donoghue: Yeah, so it looked like an asset manager had
placed money with yourselves?
Bowe Exactly.
Donoghue It forms part of the the customer deposit,
yeah.
Bowe: Exactly.
Donoghue: Yeah. Thats fine, thats grand, thats what I
even my limited reading of it now thats what I read it to be
and I just wanted lets not get too excited about whats
happening here and lets call it what it is. Thats fine.
Dearbhail McDonald Legal editor, Sunday Independent,
12/06/2016

Sunday July 24
Has a Dirty Deal Been Hatched Between Defense and Prosecution
(the Government) to Protect the Elites?

Will the then regulator, the then head of the

central bank, the then secretary of the
Department of Finance be called (by sub-poena)
to give evidence as to whether they encouraged
the fraudsters or simply allowed the fraud to

continue? Had they full advance knowledge?

The stench is rising!

[if IE]&gt;&lt;![endif]Damning files

reveal Central Banks role in 7bn
banking fraud The Sunday
Business Post
MINISTER NOONAN FAILS TO ANSWER
DEMAND FOR COMPENSATION FOR SMALL
SHAREHOLDERS IN ANGLO BY SEAMUS
HEALY TD IN DAIL REPLY TO PARLIAMENTARY
QUESTION-PENSIONERS, REDUNDANT
WORKERS DEFRAUDED
Government, Department of Finance had Full
Knowledge!!

<! [if lt IE 9]>

http://www.businesspost.ie/wpcontent/themes/smartmag/js/html5.js <![endif]>
Official files and secret notes reveal that a 7 billion fraud that led
to the criminal conviction of three bankers earlier this month was
potentially based on encouragement from the Central Bank, The
Sunday Business Post can reveal.
The secret documents reveal how the state had intimate knowledge
that the two banks were helping each other out during the financial
crisis in order to make their balance sheets appear stronger to
investors and the stock market.
The day before Anglo Irish Bank was nationalised in January 2009,
Con Horan, the regulators then prudential director, told a highpowered meeting that his banking watchdog had an awareness
that the bank was working together with Irish Life & Permanent,
using what was called back-to-back loans.
He then told senior Department of Finance, NTMA and Central Bank
officials that this working relationship was potentially based on
encouragement from Dame Street.
Horan said he was meeting the banks auditors to discuss the
arrangement. He also explained how the circular transaction worked

in January 2009 in order to use money from IL&P to boost Anglos

customer deposits.
Horan was asked by Mary ODea, another senior official in the
Central Bank, whether or not the 7 billion deal would have to be
disclosed in Anglos accounts.
Horan said: Auditors are comfortable Current accounts will have
lot more disclosures.
On February 25, 2009 documents marked secret by the Financial
Regulator also saw the states banking watchdog admit internally
that Anglo and IL&P bankers might be able to argue that the 7
billion fraud was only carried out because of encouragement
In a document prepared for its board, the regulator admitted:
There is also information available that might be argued to support
a defence against accusations of market abuse, specifically in
relation to knowledge within the Financial Regulator/Central Bank,
but also more generally in relation to the role of the Department of
Finance, Central Bank and Financial Regulator encouraging
institutions to co-operate with each other in extremely difficult
circumstances where the very existence of the Irish financial system
was in some doubt.
There is also evidence in notes kept of meetings of the Domestic
Standing Group made up of the Department of Finance, the
Central Bank and the Financial Regulator that the state was
monitoring how Anglo and IL&P were working together in the
months before the 7 billion fraud. SB POST
Full Article:
http://www.businesspost.ie/damning-files-reveal-central-banksrole-in-e7bn-banking-fraud/
Business Post 19/06/2016
QUESTION NO: 108
DIL QUESTION addressed to the Minister for Finance (Deputy
Michael Noonan)
by Deputy Seamus Healy
for WRITTEN ANSWER on 16/06/2016
To ask the Minister for Finance if he will recommend that small
shareholders be compensated at least to the extent of the
entitlement of depositors under the Bank Deposit Guarantee
Scheme, given the conviction of two former executives of AngloIrish Bank on a charge of conspiring to defraud investors, that the
Office of The Regulator was aware of the relevant transaction in
advance of the publication of the misleading accounts of the affairs
of the bank and the other evidence and remarks of the Judge in
Court (details supplied)
And if he will make a statement on the matter?
; and if he will make a statement on the matter.
REPLY.
Anglo Irish Bank was nationalised on 15 January 2009 and on that

date the Minister for Finance acquired all of the ordinary and
preference share capital by virtue of the provisions of the Anglo
Irish Bank Act 2009, therefore, as of that date, the ownership of the
shares in Anglo Irish Bank would have transferred to the Minister for
Finance. If the Government had not nationalised Anglo Irish Bank,
the Bank had the potential to collapse and impact on the entire Irish
banking system. At that time, shares were valued on the market in
the region of 0.22, however in the event of the Bank failing, Anglo
Irish Bank s shares would have been worthless.
Sections 22-32 of the Anglo Irish Bank Corporation Act 2009
provide that the Minister for Finance shall appoint an Assessor at an
appropriate time having regard to the public interest. The job of the
Assessor is to independently determine the fair and reasonable
aggregate value, if any, of the transferred shares and extinguished
rights and the consequent amount of compensation, if any, that
may be payable to persons in respect of Anglo Irish Bank shares
transferred and rights extinguished under the Act. Since the
liquidation of IBRC in February 2013, there has been no timeframe
set for the appointment of an Assessor.
An update on the liquidation of IBRC can be found at
http://www.finance.gov.ie/sites/default/files/Progress%20update
%20report_31%20Dec%202015_0.pdf
The Deposit Guarantee Scheme (DGS) was established to protect
depositors in the event of a bank, building society or credit union
authorised by the Central Bank of Ireland being unable to repay
deposits.
The DGS is part of the Central Bank of Ireland s strategy to ensure
that the best interests of consumers of financial services are
protected. The DGS is administered by the Central Bank of Ireland
and is funded by the credit institutions covered by the scheme. The
DGS was not established to protect equity investors.

Conviction of 3 Leading Bankers

For a Conspiracy to Mislead
Investors
Thousands of Retired People Lost Their Life
Savings!!!

The Role of The Governor of the Central Bank

and The Financial Regulator in The Fraud
Committed by the Convicted- Will These Also
be Called to Account?

The fraud was not a victimless crime. Most of the coverage of

Irelands banking crash has centred on the fall of the very rich such
as Sean Quinn.
But huge numbers of small investors (shareholders not depositors)
lost their life savings. These included pensioners who had invested
their retirement lump sums, redundant employees who had invested
their redundancy award, small traders and the self-employed who
saved for their retirement by buying bank shares on the advice of
financial advisors.
Because of the fraud, many did not sell their bank shares in time
or actually bought further shares though the banks were in deep
trouble.
The banks and the Authorities were concerned to maintain good
public optics at the expense of small shareholders
Financial Advisors were entitled to advise clients to continue
investing in bank shares because of the misleading accounts
published by some banks. In addition the regulator asserted that
the regulated banks were all in good shape and the Central Bank
said that there would be a soft landing for the financial system and
the economy as a whole in its annual Financial Stability Reports
before the crash
The billionaire bond holders were bailed out by the state but the
small investors were wiped out.

THIS IS A HUGE SCANDAL

Remarks of Judge in Court

These were classic back-to-back transactions,
done for public optics only, the judge said in
his February ruling. He said he believed the
regulator condoned optics-based balance
sheet management as it did not want Irish
banks to go down. The Irish authorities were
frightened by what they had seen with Northern
Rock and they had seen central banks in other
jurisdictions help their banking systems.
Neary and Hurley were hands on and entirely involved in the
effort to save the Irish banking system, the judge said. They had
put the green jersey into Caseys mind, and Casey had acted on it.
Colm Keena, Irish Times, June 9,2016

Mr Peter Fitzpatrick (Irish Life and Permanent) who was acquitted

of the conspiracy to defraud investors said in a statement to gardai
quoted in court:
He said that prior to January 2009, ILP never received any request

for clarification from Anglo or its auditors, the then financial

regulator Patrick Neary or the then Central Bank governor John
Hurley

Political expediency
I feel that the matter was dealt with as a matter of political
expediency with no reference to the substance of the transaction.
I believe that the actions of the [financial] regulator post 30
September 2008 effectively shows [sic] that he tacitly if not
explicitly approved such actions. Without this understanding the
transaction would have in all certainty not have taken place, he told
garda.Declan Brennan,Irish Times, , May 5, 2016, 18:07
On one end of the line was John Bowe, Anglos head of capital
markets. At the other was Mary Elizabeth Donoghue from the Office
of the Financial Regulator.
The call occurred on October 28, 2008, weeks before publication of
Anglos preliminary results on December 3, 2008. Critically, it also
came weeks after the execution of a spectacular 7.2bn scheme of
circular transactions between Anglo and Irish Life & Permanent..
Lets call a spade a spade, said Donoghue as Bowe explained the
motivation behind the balance sheet window dressing exercise,
insisting it had nothing to do with the liquidity crisis then engulfing
banks around the globe, including our own.
The conversation included this exchange:
Bowe: This was purely about avoiding an issue of
confidence in the bank.
Donoghue: Yeah, so it looked like an asset manager had
placed money with yourselves?
Bowe Exactly.
Donoghue It forms part of the the customer deposit,
yeah.
Bowe: Exactly.
Donoghue: Yeah. Thats fine, thats grand, thats what I
even my limited reading of it now thats what I read it to be
and I just wanted lets not get too excited about whats
happening here and lets call it what it is. Thats fine.
Dearbhail McDonald Legal editor, Sunday Independent,
12/06/2016

Regulator was told about Anglos

balance-boosting transactions
DearBhail McDonald, Legal Editor, Sunday Independent
PUBLISHED12/06/2016 30
The Office of the Financial Regulator was informed six weeks before
Anglo published its preliminary results in December 2008 of a series
of circular transactions designed to boost Anglos balance sheet at

its September 2008 year end.

John Bowe, Anglos former head of capital markets, informed an
official at the office of the regulator of the motivation behind the
scheme in October 2008, weeks before the banks preliminary
results were published, a jury at Dublins Circuit Criminal Court
heard. .

Role of regulatory authorities may

take centre stage at bankers
sentence hearing

Dearbhail McDonald, Legal Editor, Sunday Independent,

PUBLISHED12/06/2016
The phone conversation was remarkably open and frank, normal
even.
On one end of the line was John Bowe, Anglos head of capital
markets. At the other was Mary Elizabeth Donoghue from the Office
of the Financial Regulator.
The call occurred on October 28, 2008, weeks before publication of
Anglos preliminary results on December 3, 2008. Critically, it also
came weeks after the execution of a spectacular 7.2bn scheme of
circular transactions between Anglo and Irish Life & Permanent.
The scheme was designed to bolster Anglos year end balance sheet
by making it appear that the circular loans (from ILPs life assurance
company) were customer deposits, boosting Anglos health at a time
when it was dying on its feet.
Lets call a spade a spade, said Donoghue as Bowe explained the
motivation behind the balance sheet window dressing exercise,
insisting it had nothing to do with the liquidity crisis then engulfing
banks around the globe, including our own.
The conversation included this exchange:
Bowe: This was purely about avoiding an issue of confidence in the
bank.
Donoghue: Yeah, so it looked like an asset manager had placed
money with yourselves?
Bowe Exactly.
Donoghue It forms part of the the customer deposit, yeah.
Bowe: Exactly.
Donoghue: Yeah. Thats fine, thats grand, thats what I even my
limited reading of it now thats what I read it to be and I just
wanted lets not get too excited about whats happening here and
lets call it what it is. Thats fine.
Of course, it wasnt fine, it was catastrophic.
In common with all licenced banks, Anglo submitted its preliminary
accounts to the authorities presumably armed with Bowes
explanation before publication to the market on December 3,
2008.

Within weeks, the best performing bank in the world was

nationalised in disgrace.
Extracts from Article by Colm Keena, Irish Times, June 9
Advice from the Financial Regulator that the Irish banks should
enter into a secret green jersey agenda to help each other get
through the 2008 financial crisis encouraged both ANGLO-IRISH
BANK and Irish Life and Permanent (ILP) to enter into financial
transactions the State later argued were a conspiracy to mislead
investors, the Anglo/ILP trial heard.The attitude of the regulator and the Central Bank might serve as
mitigation in the event of the conviction of the accused, the judge
ruled at the end of six days of legal argument in February in the
absence of the jury. The ruling could not be reported until the jury
had come to its decision.
Accused Denis Casey,Irish Life and Permanent,gave evidence in the
absence of the jury in relation to his dealings in 2008 with the
regulator and the Central Bank. Judge Nolan in his February ruling,
said he found Caseys testimony to be believable and that in his
view Central Bank governor John Hurley and the Financial
Regulator, Pat Neary, were very hands on in relation to the green
jersey agenda. The two men knew exactly what they were up to
and exactly what the problem was.
Casey said the green jersey agenda was mentioned to him early in
2008 at a time when Hurley had complained about ILPs use of
funding from the European Central Bank and how that looked. He
told the court he was surprised by the attitude of the authorities.
Judge Nolan said he believed the regulator knew about a smaller,
circular transaction involving Anglo and ILP in March 2008. It
seemed inconceivable to him that the regulator did not know the
banks were involved in balance sheet management. Bad balance
sheet management, the judge said, was when a bank improved its
balance sheet by way of lodgements where the depositor was not
taking any risk. Casey, the judge said, had been very clear that he
believed the September transactions did not involve risk for ILP. (It
was Caseys case that he believed Anglo would make this clear in
their accounts.)
Public optics
These were classic back-to-back transactions, done for public
optics only, the judge said in his February ruling. He said he
believed the regulator condoned optics-based balance sheet
management as it did not want Irish banks to go down. The Irish
authorities were frightened by what they had seen with Northern
Rock and they had seen central banks in other jurisdictions help
their banking systems.
Neary and Hurley were hands on and entirely involved in the
effort to save the Irish banking system, the judge said. They had
put the green jersey into Caseys mind, and Casey had acted on it.

There was ample evidence, the judge said, to support the

argument that the September transactions were totally illegal and
fraudulent.
Anglo and ILP were involved in six circular transfers of 1 billion
each on September 29th and 30th, as Anglo came to its September
30th year end. An earlier transaction had occurred on September
26th. On September 29th Anglo told the Central Bank it didnt have
enough money to finance its requirements for the following day. The
following morning the Central Bank gave Anglo 1 billion in
emergency funding. That same morning the Government announced
the bank guarantee. The announcement brought to an end the 2008
crisis of access to liquidity for the Irish banks.
The attitude of the regulator and the Central Bank might serve as
mitigation in the event of the conviction of the accused, the judge
ruled at the end of six days of legal argument in February in the
absence of the jury. The ruling could not be reported until the jury
had come to its decision.
The trial heard how Casey told the Garda Bureau of Fraud
Investigation (GBFI) he authorised the multi-billion euro
transactions between ILP and Anglo Irish Bank, because he felt
obliged to help Anglo as a fellow Irish financial institution in the
midst of the then global financial crisis.
Casey told the GBFI he was motivated in authorising the deals
because of his understanding of a request from Neary and Hurley
for Irish banks to support each other as part of the green jersey
agenda.
The trial heard how Anglos then head of capital markets, John
Bowe, had openly discussed the Anglo/ILP deal with Mary Elizabeth
ODonoghue of the Financial Regulators office in October 2008.
There have been some questionsin relation to the arrangement
that you got involved with there with ILPthat it would bolster your
position, Donoghue told the banker, the trial heard. When
Donoghue suggested that the transaction was designed to look like
an asset manager had placed money with Anglo, Bowe replied,
exactly, to which Donoghue in turn said: Thats fine; thats
grand.
Analysis of Election Results on NUI Panel

Michael McDowell, Former Progressive

Democrat leader, received the highest
transfer or almost one third of the Begg
Transfers!!!!
David Begg Eliminated in NUI Seanad Election
Having Received One Fifth of a Quota on First
Count

Extreme conservative candidates Mullen,

McDowell and business owner OCeidigh
received between them in total 59.75% or
almost 60% of Beggs Transfers
Despite this, powerful equality campaigner,
Alice Mary Higgins was elected to the third and
final seat.
Former minister for justice Michael McDowell was the first to be
elected to the Seanad on the National University of Ireland panel..
Mr Mullen was 700 votes ahead of Mr McDowell on the first count
but the former leader of the Progressive Democrats pulled ahead on
the 26th count following a transfer of 834 votes from David Begg,
the former general secretary of the Irish Congress of Trade Unions
who was eliminated on the 25th count-Irish Times
Alice-Mary Higgins, powerful professional campaigner on equality
issues was elected to the final seat on the 28th count.
David Begg received one fifth or 20% of a quota on the first count.
He had reached only one third of a quota when he was eliminated
on the 24th count and had been overtaken by Laura Harmon, former
USI President
Extreme Right-Wing Neoliberal Ideologue Michael McDowell, Former
Progressive Democrat leader, received the highest transfer or
almost one third of the Begg Transfers!!!!
Extreme conservative candidates Mullen, McDowell and business
owner OCeidigh received between them in total 59.75% or
almost 60% of Beggs
Despite this, Alice Mary Higgins was elected to the third and final
seat.
NUI Seanad Panel Results 2016 (SYNOPSIS)
3 seats
Electorate c. 98,000 world wide
Total Valid Poll 36,293
c. 37% of electorate
Quota
9074
FIRST COUNT
%of Quota
Ronan Mullen
9016
Ml McDowell
P OCidigh
4513

24th Count
7362

Transfer of Begg Votes

81%
+352

5661
+834
2475

62%

8570

27%
+402

A M Higgins
David Begg
L Harmon
4124
Non-Transferable

2055
+ 625
1,836
1479

23%
20%
16%
+443
576

4636
3232(ELIMINATED)

2656 of votes for David Begg on 24th Count were distributed

The percentage of these distributed votes going to each continuing
candidate was:
Mullen
+13.25%
McDowell +31.4%
OCeidigh +15.1%
A M Higgins +23.5%
L Harmon
+ 16.7%

Extreme Right-Wing Neoliberal Ideologue Michael McDowell(PD)

received the highest transfer or almost one third of the Begg
Transfers!!!!
Extreme conservative candidates Mullen, McDowell, and business
owner OCeidigh received in between them in total 59.75% or
almost 60% of Beggs transfers. A M higgins a powerful equality
professional and activist was a continuing candidate as was L
Harmon, former USI President. These two got 40% of the Begg
Transfers.

David Begg Eliminated in NUI Seanad Election

Having Received One Fifth of a Quota on First
Count

Former minister for justice Michael McDowell was the

first to be elected to the Seanad on the National
University of Ireland panel.
He was elected on the 26th count having exceeded the
quota of 9,074 narrowly ahead of outgoing senator
Ronan Mullen who was elected on the same count.
Mr Mullen was 700 votes ahead of Mr McDowell on
the first count but the former leader of the Progressive
Democrats pulled ahead on the 26th count following a
transfer of 834 votes from David Begg, the former
general secretary of the Irish Congress of Trade Unions
who was eliminated on the 25th count.

Alice-Mary Higgins, daughter of the President, was

elected to the final seat on the 28th count.Irish Times
Irish Times should have pointed out that Alice-Mary Higgins is in
fact a highly qualified professional campaigner on many equality
issues. She is Policy Coordinator with National Womens Council of
Ireland including High-level advocacy on economic and social
equality including quality affordable childcare and the gender pay
and pension gap.

David Begg received one fifth or 20% of a quota on the

first count
Laura Harmon, Former President,USI, went ahead of
Begg on transfers before he was eliminated.
First count Tally
Ronan Mullen 7,362.
Michael McDowell 5,661.
Pdraig Cidigh 2,475.
Alice-Mary Higgins 2,055.
David Begg 1,836.
Dr Martin Daly 1,523.
Laura Harmon 1,479.
Ellen OMalley Dunlop 1,454
TUI Not Endorsing Begg for Seanad
Senator Gerard Craughwell proposed to a meeting of TUI Executive
a few weeks ago that TUI nominate David Begg for election to
Seanad Eireann on NUI panel
The proposal failed to get a seconder
Senator Craughwell then withdrew the nomination
Senator Craughwell has not been nominated by ICTU on the
Industrial Relations panel for Seanad Eireann

ASTI not endorsing Begg for

Seanad
RTE News Tuesday 19 April 2016 17.35
David Begg is seeking election to the Seanad via the NUI panel
The union representing a majority of the countrys second level
teachers, the Association of Secondary Teachers Ireland, has told
members that it is not endorsing David Begg in the upcoming
Seanad Elections.
Mr Begg, a former general secretary of the Irish Congress of Trade
Unions, is standing for the Seanad on the NUI panel.

One of his nominators is former ASTI general secretary Pat King.

In a statement posted today on its website, the union said Mr Begg
had engaged in public criticism of the ASTIs position at critical
junctures in ASTI campaigns against national public service
agreements.
It is understood the statement relates to comments made by Mr
Begg in 2013 when ASTI members were balloting on the
Haddington Road Agreement.
The ASTI statement went on to say that the union was not
endorsing any candidate for the 2016 Seanad Election.
-

FROM WIKIPEDIA:10 months before the banking

crash Central Bank Of Ireland made a statement
saying- The Irish banking system continues to
be well-placed to withstand adverse economic
and sectoral developments in the short to
medium term. The underlying fundamentals of
the residential market continue to appear strong
and the current trend in monthly price
developments does not imply a sharp
correction. The central scenario therefore is for
a soft landing[24]
Another FINANCIAL Farce : Banking inquiry members did not see
key documents relating to the financial crisis during their probe of
the collapse, The Sunday Business Post can reveal.
The Department of Finance memos, which relate to the bailout, the
structure of Nama, cash injections for Anglo Irish Bank and Irelands
relationship with key eurozone leadership figures, were not
published last week as part of the banking inquirys report.
DAVID BEGG BEGGARS BELIEF-THE PHOENIX, Jan 29,2016
THE multiple leaks from the banking inquiry last week came at
rather a bad time for David Begg and his patron, Tanaiste Joan
Burton, following the row over her crony appointment of Begg to
the chair of the Pension Authority. In her defence against the Dail
motion of no confidence in her, Burtons defence of Beggs
credentials justifying his appointment mentioned various roles he
had played down the years. These included his trade union work
(ex-general secretary of the ICTU) and his job as CEO of Concern
Worldwide. What she omitted to mention was his 15-year
membership of the Central Bank to 2010. Surely such a responsible
and onerous position would have impressed those who impugned

the manner of Beggs appointment, cronyist or not?

It took Independent TD, Seamus Healy, to make mention in the Dail
of Beggs membership of the Central Bank board, the most culpable
institution of state in the financial crash that befell the state.
Healy quoted former deputy governor general of the Central Bank,
Tom OConnells statement to the banking inquiry, the liquidity
pumped out into the banks was 140 billion both from the Central
Bank and the ECB during the lead-up to the crash, all of which
happened, on Beggs watch.
In his evidence to the inquiry last July Begg made the most
exculpatory statement describing how in 2003 The powers formerly
held by the Central Bank for the regulation and supervision of the
financial institutions were transferred to the regulatory authority
(the Irish Financial Services Regulatory Authority, or IFSRA) under
the new Act (the Central Bank and Financial Services Authority of
Ireland Act 2003). Thus, I had no further involvement in
supervision or regulation of the banks.
Socialist Party TD, Joe Higgins, picked up on this statement and put
it to Begg, But thats not what the legislation states, is it? The TD
then directed Begg and the inquiry members attention to the
memorandum of understanding between the Central Bank board
and the IFSRA. This says:
The Governor and-or Board will advise all relevant parties on the
implications for financial stability of developments in domestic and
international markets and payment systems and assess the impact on
monetary conditions of events;
In this context, the Governor and/or Boards objective is to identify
developments which could endanger the stability of the system as a whole,
and will advise accordingly.
Higgins then asked Begg, Isnt it very clear that the board of the Central
Bank had a responsibility in relation to issues such as developed in the
exponential lending and the property concentration in the bubble?
Begg waffled on a little more after this embarrassing piece of evidence that
blew a hole in his disassociation from any supervisory role in the states
finances, but he conceded that the Central bank did have a joint role with
the regulator.
Shane Ross has been accused, with some validity, of having an appetite for
attacking trade unionists such as Begg, but Healy is a socialist to the left of
Labour. Beggs membership of the Central bank became a hot item on RTEs
Liveline programme two years ago when trade union activist, Anne Conway,
rang Joe Duffy with a similar line of attack to Healys in the Dail, namely,
that as head of ICTU, Begg had a responsibility to his members who had
suffered more than most due to the crash.
Following an angry complaint from the ICTU (Begg was then still head of the

union body) RTE issued an apology to Begg the next day saying that as Begg
was not a member of the Central banks regulatory authority Conways
charges were incorrect (see The Phoenix, 14/2/14). In a riposte to RTE
Conway pointed out that reports from all Central Bank sub-committees
reports on regulatory developments are circulated to board members.
Exchanges between Clare Daly TD and David Begg,
Chasirperson Deignate of the Pensions Authority
Oireachtas Joint Committee on Social Protection and
Education and Skills Jan 27
Full Proceedings of Joint Committee at this link
http://oireachtasdebates.oireachtas.ie/Debates
%20Authoring/DebatesWebPack.nsf/committeetakes/EDJ20160127
00002?opendocument#A00100
EXTRACT
DEPUTY JOANNA TUFFY(Labour Party) IN THE CHAIR.
The Pensions Authority: Chairperson Designate
Chair: I welcome Mr. Begg and ask him to make his presentation.
Mr. David Begg: Makes his presentation
Deputy Clare Daly: Our time is relatively limited. The challenges
facing the pensions industry and the authority are immense. The
role of the Pensions Authority has probably not assisted in the crisis
over the past period and we will struggle to get to the bottom of it
here in one session; even over a Dil term, we would struggle to do
so. It is appropriate that we take the opportunity to question Mr.
Beggs expertise for the appointment. We were certainly led to
believe that was part of the role of this committee, even if that role
is a little bit weak when it is not going to make any difference to the
appointment. Mr. Begg is obviously aware of the discussion around
whether that appointment was appropriate, although it was not his
decision. It is something that is in the public domain.
The Chairman pointed out that the key function of the authority is
to regulate and influence policy regarding pensions in order to
ensure that the expectations of pensioners are met and that
schemes are run with good governance. Given that function, it is
appropriate to question Mr. Beggs role in terms of some of the
pension schemes he has been involved in, including the one to
which he drew attention in his presentation, namely, the Irish
Airlines Superannuation Scheme, IASS. As he said, that was a very
complex scheme involving multiple employers and groups of people,
existing and deferred pensioners and current contributors. It had a
huge deficit and moneys were put into it to defray some of that

deficit. The real travesty is not anything said in the Dil but rather
the impact of those decisions on the livelihoods of those affected by
what went on.
One of our considerations here is meeting legitimate expectations.
Since that scheme was restructured, retired members, numbering
approximately 5,000 people, have seen incomes reduced by
500,000 a month. These people were specifically excluded from
any of the talks in the negotiation process. Mr. Begg, both in his
roles on the board of Aer Lingus and, more particularly, in ICTU,
stood over the process whereby those people did not have a voice in
negotiations, going against the idea of nothing about us without
us. He did so even though decisions that came out of that process
meant that they suffered a loss of income. Furthermore, no
compensation measures were put in place to defray that loss, even
though this took place for other groups. The bitter irony is that their
colleagues who worked in America and England got full pension
entitlements while their own legitimate expectations were cruelly
dashed. How could that process have been stood over? How is that
track record going to be beneficial to pensioners going forward?
Retired staff associations and, indeed, the deferred members and so
on repeatedly wrote to Mr. Begg and to the Irish Congress of Trade
Unions seeking assistance and seeking a seat at the table and yet
the door was closed on them.
I would also be a little bit concerned that the trade union movement
has not advanced the very necessary provision that pensioners who,
in many instances, are former trade union members should have
access to workplace relations bodies and so on in matters that refer
to their pensions once they retire.
Chairman: We will try to keep initial questions to around the
three minute mark. I will let members back in a second time.
Deputy Clare Daly: Fine. I will come back in. I am wondering
why Mr. Begg thinks that would help pensioners in his new
authority. In light of the Chairmans remarks, what would Mr. Begg
say to those who argue that, given that he was a director of the
Central Bank for 14 years, and that the banking inquiry has been
quite scathing and has made the point that the Central Bank had
sufficient powers to intervene
Chairman: That is not really relevant to the remit
Deputy Clare Daly: It is, because the role Mr. Begg had in the
Central Bank could be viewed to be quite similar to that which he
holds in the Pensions Authority one of oversight. It was the lack of
oversight of the Central Bank that caused some of the problems.
How do we know we will have a different approach to oversight in
respect of the Pensions Authority role? My comments relate to Mr.
Beggs previous experience and expertise.
The last question, in deference to the Chairman, concerns the fact
that the Pensions Authority only requires trustees of schemes to

send on an annual report to existing members say, trade unions

and current active members. Does Mr. Begg have any views on
changing that situation so that information is given, on a mandatory
basis, to existing current pensioners? Many of my questions concern
how the rights of existing pensioners will be improved under the
new Pensions Authority.
Senator Marie-Louise ODonnell: Would be possible to get
answers to some of those questions, which are quite important,
rather than having somebody coming in with four more?
Chairman: Fair enough.
Mr. David Begg: Addressing Deputy Snodaighs questions on the
policy role of the authority, The question of deferred pensioners also arose in Deputy Dalys
remarks. Let me say first, in response to Deputy Daly, that I took
enormous exception to her contribution in the House last week. I
thought it was vitriolic, unfair and cowardly in the sense that she
used the privilege of the House to say things about me that were
unreasonable and unfair, in my opinion. She is quite right about the
time being limited in how to deal with some of these problems; that
is the only issue on which I can agree with the Deputy.
We can discuss my expertise in all this, starting with the Irish
Airlines Superannuation Scheme, IASS, and what I did in those
circumstances. That particular scheme was enormously complex,
involving a number of employers and trade unions. We had a 720
million deficit in the fund, which was critical. That arose because the
strain costs on the fund had not been responded to properly in
previous years. There was a large number of restructuring
processes in that industry, and the strain costs resulting in the
pension scheme had not been responded to. The other problem was
there was no agreement on whether the scheme was a defined
contribution or defined benefit scheme. That decision would
ultimately only be settled in a court of law, if tested, so nobody
knew what it was. From the point of view of the board of the
company, the formal position was it had no obligation whatever to
staff.
The Deputy pointed out that I was a member of the board and
general secretary of congress as well. I will park that for a moment
before coming back to it. With regard to contacts held with deferred
pension personnel, I accept and have made the point that there is a
real difficulty as organisations outside the formal structure of the
Labour Court are in quite a difficult position because they cannot
have effective representation. It is not true that we did not engage
with them. I appointed the industrial relations officer of congress,
Mr. Liam Berney, to have regular contact with those groups of
people. I made strong representations on their issues to the board
in the course of the discussions that took place.
I will address the question of legitimate expectations. It is certainly

true that employees took an enormous hit but there was one
difficulty with that scheme. In certain circumstances it was a coordinated scheme but in other circumstances, it was uncoordinated. If a person served in the scheme until 65 and left on a
normal retirement date, the person would have a co-ordinated
pension. That meant the person would have an occupational
pension less the amount of the social welfare pension. That is the
norm in nearly all of the defined benefit schemes around the
country. If a person left prior to a normal retirement date even
within one week of turning 65 there was an anomaly in the
scheme that allowed an unco-ordinated pension. If a person had 40
years of service, the person would get 40 eightieths as the pension
entitlement plus the old-age pension. That was an extremely
beneficial provision but it was unsustainable because it was an
anomaly in the circumstances of the pension fund being in deficit to
the tune of 720 million.
I worked very hard on the board and as the congress general
secretary to try to improve that. I was working at an enormous
disadvantage as I could not say what I was doing at the board
because I was constrained by confidentiality issues. As most people
recall, the major shareholder on the board was totally and utterly
opposed to any input of money to fix the schemes difficulties. In
the end, we tried to bring about a targeted benefit scheme that
allowed people to have the same expectation as they would have
had if they were part of a co-ordinated pension scheme. In the end,
the workers of the company voted by a substantial majority to
accept that. Of course, the deferred benefit people were at a
disadvantage because of not having collective representation so
they did not have a direct influence. They did not have access to the
Labour Court to argue around any of the decisions emerging from
the court relating to all this. I made a strong case to the board of
the company for an injection of 40 million and it was eventually
secured.
I will speak a little about my role in the Central Bank. I agree with
the Chairman in that it has nothing to do with the Pensions
Authority and has been brought in extraneously as part of the
vilification process that has been ongoing. Nevertheless, I will deal
with it directly. I have received no communication from the banking
inquiry team regarding my comments on the draft of the report.
Clearly, there is nothing in this that bears upon me from the teams
perspective. I gave three and a half hours of evidence and made
two written submissions, which are available to anybody who will
take the trouble to look for them. That is very detailed evidence. In
the course of giving evidence, I made a point that was fully
vindicated by saying that in 2005, I pointed out to the board of the
bank that there was a serious difficulty in circumstances where
people felt they needed to get on a ladder of having a second

house. Such second houses were being built by people who came
here as migrants to work in the construction industry and would,
effectively, have become the tenants for those houses. It would not
have taken a genius to figure out that this was an unsustainable
circular process.
My comments on this to the board were vindicated by no less a
person than the chief economist of the bank in his evidence to the
inquiry, such that the inquiry team wrote to me before I gave my
evidence to ask if I wished to comment on what the chief economist
stated. Not alone did I do it in the Central Bank forum but I also did
it publicly at a social policy conference in UCD on 10 October 2005.
I gave a copy of my speech to the inquiry and if anybody on this
committee wants to find out what is in that, I am sure it can be
provided by the inquiry team. It will probably be published as part
of the evidence, as I assume all the evidence will be published. I
reject completely that there is any connection between my
suitability for this proposed role and my appointment to that
position in the Central Bank.
I was asked about trustee information. One of the big problems with
trusteeship at the moment, as I stated earlier, is that we have
150,000 schemes, which is an enormous amount. That means there
is an enormous number of trustees. We should be honest. In many
cases, people do not have the necessary investment experience or
training to handle responsibilities of this type. It is a serious
difficulty. There is a role for professional trustees, of course, who
are people from the pensions industry usually commissioned to act
on trustee boards. There is a strong case for reform to try to reduce
the number of schemes. We will not really have the chance to
ensure good investment decisions for people unless we can do that
and professionalise the role of trustees. None of that is to gainsay
the contribution that trustees make, almost always in a voluntary
capacity, to pension schemes. There is a tremendous risk in this
area and there should be full transparency. I would support such an
initiative with respect to trustee reports. I would have no difficulty
with that.
Deputy Brendan Ryan(LAbour:North County Dublin) I
welcome Mr. Beggs appointment to the role. He is a great candidate
and eminently suitable, as he has demonstrated in his presentation.
I particularly welcome somebody from a trade union background
because many members of pension schemes come from such a
background. Mr. Begg has a lot of experience to bring and a deep
insight. Most trade unionists to whom I have spoken in the past
week certainly welcome his appointment. I look forward to his input
in this very important role in the years ahead.
I wish to raise several issues about the IASS, deferred members
and Deputy Clare Dalys point about people having a legitimate

expectation of what they might stand to gain on retirement. Mr.

Begg referred to an anomaly in the scheme. I have argued that
while some called it an anomaly, what it amounted to was the
company exploiting the rules of the scheme to use it as a slush fund
and encouraging people to leave on the basis of unco-ordination to
achieve the productivity it was seeking to achieve. It benefited from
this anomaly, or what I argue were the rules of the scheme. The
trustees ought to have been aware of this, but they seem to have
been asleep on the job. What are Mr. Beggs general thoughts on
this, with reference to what ought to happen in the future in such
cases?
I also have a general point to make about the various categories of
membership of the scheme. There were active members, deferred
members and retired members. We meet them more often than we
did in recent years. I have met many of them and members in all
categories are disappointed. Active members are dissatisfied with
the value transferred from the old scheme. Retired members have
lost 10%, while deferred members have lost 50% to 60%. They are
seeking to be treated in the same way as retired members, as they
had been previously. In Mr. Beggs view, was there any possible
outcome which could have led to greater satisfaction throughout all
of the groups?
Deputy Clare Daly: I have several points to make about what Mr.
Begg said. Perhaps he did not understand the point about being a
member of the board of the Central Bank. In essence, the point is
that he signed off on financial stability reports, particularly in the
period 2003 to 2007 when the Central Bank allowed the banks to
borrow 50% of GDP, loan it out and fuel the property bubble. We
know that as a result of these financial stability reports, many
pensioners were encouraged to buy shares in the banks and that
many of them lost their livelihoods.
I find it strange that Mr. Begg categorised some of the comments
made about his appointment as hostile abuse. To be honest, that is
a gross exaggeration. I am wondering how Mr. Begg could not
possibly understand how people who have seen their retirement
livelihoods decimated, most paretically in a scheme in which Mr.
Beggs organisation had a very direct role, would be upset that he
has been appointed to his current role.
Mr. Begg said I was vitriolic. I do not accept that. He said I made
some cowardly remarks under Dil privilege. I would like to know
what those remarks were. He said my remarks were unfair. I am
sure he did not like them even though they were not personal and
certainly not intended to be such. They were not untrue. If Mr. Begg
believes they are, I would like him to specify why point by point,
after which I will answer him on those points.
Much time has been spent on the IASS because it is directly
relevant to Mr. Beggs most recent appointment in terms of his

experience. He justified his role by referring to the scale of the

deficit involved in the scheme and the strain costs imposed through
management decisions to let people go. It is a fact that, during the
time in question, Mr. Begg was on the board of the company that
stood over these decisions. Deputy Ryan is actually correct in that it
was not a case of an anomaly in the pension scheme; it was an
absolute fact that the clause in the pension scheme was used to
entice people to sell their jobs and take retirement to lower the
costs of the company. Mr. Begg was on the board of the company at
the time.
There was a problem in that there were multiple schemes of this
kind over the years. It was not a case of just one redundancy
scheme; there were multiple schemes throughout Aer Linguss
history. The problem is that it is the pensioners and members of the
scheme who have paid the price for this debacle. I appreciate that
Mr. Begg can say an effort was made to try to share the pain, but
the companies involved did not share it. They did not put in enough
money to undo the poor decision-making in which they engaged.
Unlike Waterford Glass, these are highly profitable companies that
had the money to put in.
I am wondering about this because Mr. Begg made a couple of
points that were not really accurate or did not describe the full
picture. I was not just talking about deferred members but also
about the existing retired members. They comprise two separate
groups who were prevented from sitting at the negotiating table.
While it is true that ICTU engaged with the deferred group, there
was no engagement with the retired group, which was organised
and represented by RASA, in particular. While it is true that extra
money was made available for defrayal and to compensate the
deferred members a little I do not know whether this is the result
of Mr. Beggs input behind the scenes or the work of the pensions
committee Mr. Begg skipped over the fact that no moneys were
allocated to compensate the existing retired members, who are the
ones seeing 500,000 going out of their collective wage packet
every month. They got nothing. While it is true that these groups
were outside the Labour Court mechanism, and therefore in a
difficult position, the question I am asking Mr. Begg, the former
head of ICTU, is what the union did do to alter these circumstances
and give the workers a voice and a mechanism, for now and the
future?
Chairman: Has the Deputy a question?
Deputy Clare Daly: I am seeking Mr. Beggs comments on this.
With regard to Mr. Beggs role in the Pensions Authority, is he
prepared to order an investigation into what occurred with the IASS,
particularly because there were not only poor management
decisions but also negligent investment decisions made by the
trustees, who decided to divest the pension fund of probably the

most unrivalled property portfolio in the city at a time of rising

property prices and to put all the money into Irish Life at a time
when people connected to Irish Life were also connected to the
pension fund? Will it be investigated under Mr. Beggs remit? He said
his greatest expertise was being a pensioner. Of how many pension
schemes is he a member? How many pensions is he likely to receive
from the various posts in which he served over the years?
Mr. David Begg: I shall respond to Deputy Ryans comments first.
He is quite correct that most, if not all, occupational pension
schemes are, as far as I know, the product of trade union and
management negotiations. Companies that do not have the
collective bargaining remit would be very unlikely to have a defined
benefit scheme.
On the anomaly with the IASS, one could perhaps find a better word
for it. However, the difficulty I saw, and in respect of which the
Deputy and I have had many discussions, was that nearly all
pension schemes in the country had a co-ordinated provision by
which ones pensionable pay was offset by reference to the social
welfare provision. Sometimes it is one times the value of the social
welfare provision, but more likely twice that value. The difficulty I
found in getting a better result out of all this publicly, leaving aside
the willingness, or otherwise, of the company, its investors and
shareholders to put money in, was that if one were to legislate on
this as a public policy issue, one would have to legislate for a quite
unique set of circumstances. Personally, I believed that was unlikely
but perhaps others have a different view. Certainly, however, it was
very unlikely that one could have allowed for what I describe,
particularly in the way it operated because it was a co-ordinated
pension under the rules of the scheme if one retired at 65. It was
unco-ordinated in practice if one retired short of that age. It was a
most extraordinary provision. However, this does not gainsay the
fact that it was a very heavy hit for many people, particularly
people at the lower end, whose real income would have been
reduced significantly as a result of the 12,000 odd associated with
the State pension. Nevertheless, this was a quite difficult set of
circumstances.
None of us can ignore the fact that the 720 million deficit was
enormous. There was no great willingness on the part of the
company to put money into the scheme. One of the shareholders,
the major shareholder, was said in public to have been against
doing anything in this regard. Therefore, it was practically very
difficult to try to secure a resolution that would have mitigated the
worst effects of the deficit of 720 million. Consider the outcome of
a targeted pension to give the same level of co-ordinated
benefits. While everybody is probably dissatisfied with the
outcome, it was possibly the least worst option. Regarding the
trustees and the strain cost over the year, it is very difficult to avoid

the conclusion that something was missed. These were important

additional strains that were put on it, and it should have been
copped much earlier.
Deputy Clare Daly asked many questions. I really believe the
Deputy abused privilege in the Dil in the attacks she made about
my role in the IASS.
Deputy Clare Daly: By all means, specify them.
Mr. David Begg: It was completely wrong and I do not believe it
was not personal, to be honest. I do not accept it. While I am well
used to hostility publicly, the Deputy should consider, from time to
time, the damage she inflicts on a persons family. It never seems
to go through her head.
While the Central Bank stability reports tended to indicate what the
risks were, it can be argued that it did not stress them strongly
enough over the years. I can give an account only of my role. I
gave detailed evidence to the banking inquiry. If the committee
feels it is relevant, it is more than welcome to examine my three
and a half hours of evidence to the banking inquiry and the two
written statements I made. I also ask the committee to consider the
evidence given by the then chief economist of the Central Bank.
On the multiple schemes that affected the straining cost, it is true
that from the 1990s, when the Deputy was a shop steward in a
company, I was involved in only one, the leave and return scheme,
which set up a provision whereby people could enter into a defined
contribution, DC, scheme separately. This restructuring was
successful, in its way, although it was not very successful for the
company which was loaded with many unanticipated taxation costs.
For the people involved, it was good enough.
The problem of representation of people at the Labour Court is a
difficulty. I am in favour of some opportunity for people to be heard.
The Deputy is mistaken in saying we had no engagement with any
of the other groups. ICTU staff were available to anybody who
wanted to talk to them. I was constrained from doing so for the
reasons I mentioned earlier. The difficulty was that there was not
enough money. Regarding how to extract more than 200 million
from people, maybe other people were better at it than I. It was the
best I could do, and it brought a result which, while probably not
satisfactory to anybody, as a damage limitation exercise, it was not
the worst outcome.
While I am not sure how relevant my situation is, I will tell the
Deputy. I have one pension from ICTU of 32,000 per year.
Contrary to what was asserted, I do not have a multiple of public
appointments. I have reservations as to whether people should be
asked to declare such personal information. It has been said by all
and sundry that I am a millionaire.
Deputy Clare Daly: I have to correct that point.
Chairman: I will allow the Deputy to talk in a minute.

Mr. David Begg: I did not respond to the Chairmans point about
the legal route. There was a fundamental issue of a legal nature as
to whether the scheme was a defined contribution or a defined
benefit scheme. The company took the view that it was a defined
contribution scheme, meaning it had no obligation to put in money
to deliver on the pension promised under the old IASS scheme. The
staff view was, on that contrary, that it was a defined benefit
scheme. The question could only be determined by way of litigation,
such as through the High Court. The risk for either side was that if
they lost in court, their case would be over. Therefore, although
many people talked about litigating, nobody litigated.
I agree with auto-enrolment. Pensions should be mandatory, not
soft mandatory. There is a reasonable argument that we would
get better results if we took all the money we put into subsidising
pensions and put it into State pensions. Handling the transition
would be tricky. If the Government announced in the morning that it
was going to do it, it would be saying good-bye to all the defined
benefit and defined contribution schemes that exist. If the
Government made this policy choice, migrating from our current
position would be very challenging.
Deputy Clare Daly: I asked a question about Mr. Beggs personal
pension incomes. What other people have said about it is no
concern of mine. It is strange that Mr. Begg took offence at such a
question, given that he had no problem describing in detail his
wifes pension entitlements. There is a problem there.
Mr. David Begg: I described the public social welfare implications
of being out of the workforce.
Deputy Clare Daly: I did not interrupt Mr. Begg.
Mr. David Begg: I did not say what her pension was.
Chairman: Deputy Catherine Byrne also raised the issue. We have
all raised the issue of women who have not made the State pension
contributions due to having taken time out of the workforce.
Deputy Clare Daly: The point I am making is that it is a perfectly
appropriate question to ask in the context of Mr. Beggs
appointment.
Chairman: It is unusual. It has never been asked at a committee
before.
Deputy Clare Daly: Have we had a head of The Pensions
Authority come before the committee before? Probably not.
Chairman: We have had people in similar roles, for example the
Pensions Board, and have not asked the question.
Deputy Clare Daly: This is The Pensions Authority. It is different,
and that is the basis for the question. Regarding Mr. Beggs point on
hostility, it is surprising that somebody with the record of briefs Mr.
Begg has had would take any offence. Again, if I made any specific
remarks today or last Wednesday that are inaccurate in any way, I
ask Mr. Begg to please put them to me. I will have no hesitation in

engaging in a public debate with him, here or anywhere else, if they

are deemed inaccurate. I have two more questions. I have been
repeatedly
Chairman: Okay, but we will need to wrap up then.
Deputy Clare Daly: In Mr. Beggs new brief, will he commission
an investigation into the activities and the investment decisions
relating to the IASS which caused serious financial strain on that
scheme? Mr. Begg answered the Chairmans question as to whether
it was a DC or DB scheme. That was a tactic the companies used to
delay the process. There was a firm ruling that it was a DB scheme,
with no question or doubt. That issue was not relevant regarding
the latter crisis around the IASS.
Chairman: Obviously, last weeks debate had nothing to do with
Mr. David Begg. There is a practice in the Dil of not speaking about
somebody outside the Houses who is not there to defend himself or
herself. I do not like to see the Dil used in that way. It relates to
the issue of privilege.
Mr. David Begg: The comments in the Dil to which I object relate
to my handling of the IASS. There seemed to be a coalition of
attack on me involving the far right and the far left. I have always
been a nemesis of the Trotskyist left in my long career. The latter
has a total objection to anybody in social democratic politics. I
thought there was a vitriolic dimension to Deputy Clare Dalys
attack in that particular political sense. She was willing to make a
coalition with the extreme right in order to do that. That struck me
as extraordinary. As far as I can recall, in the whole experience of
the Aer Lingus matter I do not believe I received a telephone call
from the Deputy about it, whereas Deputy Ryan was on my case
morning, noon and night. I do not understand what Deputy Clare
Daly was at in this regard, other than engaging in a very personal
attack in that sense.
I do not know if I have any power to investigate the role of the
trustees in the past. I do not think it would even be useful to do
that. The past is the past. I do not think anything good can come of
it. On the issue of whether it was defined benefit or defined
contribution, the judgment on the defined benefit was by the then
Pensions Board but that was challenged by the company. Ultimately,
it always appeared in the companys balance sheet as a defined
contribution scheme. Regardless of who was right or wrong,
ultimately, it could only have been tested in the courts.
Deputy Clare Daly: I find it surprising that anybody would say
the past is the past. I hope Mr. Begg will examine the matter
because fraudulent or poor, possibly criminal, decision making was
engaged in. The time lag does not
Deputy Jim Daly: Chairman, I take exception to this committee
being used to rehash and rerun
Deputy Clare Daly: I am sorry

Deputy Jim Daly: Sorry, I did not interrupt Deputy Clare Daly at
any stage and I ask her not to interrupt me.
Deputy Clare Daly: I was actually speaking. Deputy Jim Daly was
actually interrupting me.
Deputy Jim Daly: No, I am addressing the Chair.
Deputy Clare Daly: When I am finished, Deputy Jim Daly can
speak.
Chairman: Although
Deputy Jim Daly: On a point of order, I want to make a
statement. As a member of this committee who attends every
meeting, as far as possible, and who has contributed a lot to the
committee, I take exception to it being used to settle political scores
as is the case here. I ask the Chairman to make a ruling to end it
please.
Chairman: The issue has been aired and Deputy Clare Daly is just
expressing her point of view now. If she wants to make allegations,
there is a place to do that and it is not here.
We have engaged very fully. I have given everybody ample time.
The meeting has been chaired fairly. Unlike other committees, we
give the first questions to the Opposition. I will now conclude. We
have had a very good engagement.
All those present have engaged in a very thorough debate on the
issue of pensions and the role. I and, I am sure, other members
here wish Mr. Begg the best of luck in his role. We very much
appreciate his engagement with us today. I thank all those who
participated
-

David Begg Assented to All Financial Stability

Reports Issued by Central Bank in the years
immediately prior to the Banking Bust

WIKIPEDIA ON Central Bank of Ireland

Banking system collapse resulting from
property bubble[edit]

Main article: Irish property bubble

The Central Bank admitted in November 2005 that estimates of
overvaluation of 40% to 60% in the Irish residential property
market existed. Minutes of a meeting with the OECD indicated that
while the Central Bank agreed that Irish property was overvalued it
was fearful of precipitating a crash by putting a number on it.
Senior Allied Irish Bank officials expressed concerns in 2006 that
Central Bank stress tests were not stressful enough two years
before the collapse of the Irish banking system.[18] The Central Bank
of Ireland (CBOI) management continually ignored warnings from
its own financial stability unit [19] and from the Economic and Social
Research Institute about the dangerous scale of bank loans to

property speculators and developers[20] because it wanted everyone

on the right message, leading to key information being suppressed.
It also sought to gag one of the countrys most prominent
economists from talking about the fragile state of the nations
banks.[21] The Central Bank deliberately watered down economic
warnings about the property bubble in the run-up to the crash,
blocked internal communication reaching board level due to the
political and property interests of the Directors and rigorously
concealed data from the relevant supervisors on the large
exposures of the banks to individual developers.[22][23]
Internal warnings were covered up and when corroborating
evidence also pointing to substantial overvaluation in the Irish
housing market emerged in 2007, the results were suppressed in
favour of an overall conclusion that presented a favourable
perspective on the housing market and on financial stability more
generally in Ireland. 10 months before the crash they made a
statement saying- The Irish banking system continues to be wellplaced to withstand adverse economic and sectoral developments in
the short to medium term. The underlying fundamentals of the
residential market continue to appear strong and the current trend
in monthly price developments does not imply a sharp correction.
The central scenario therefore is for a soft landing[24]
Commercial Bankers could get the regulator to do as they wanted
due to their cosy relationship.[25][26] and were allowed to recklessly
breach lending limits on property without fear of any consequence
because of the regulators inaction. The CBOI had sufficient powers
to regulate, including the authority to revoke banking licences, but
the powers were simply not used.[27][28][29][30]
Corrective regulatory action was delayed and timid to the
unsustainable property price and construction bubble during the
mid-2000s. After the bubble burst, Irish banks faced mounting
losses which exposed them to a collapse of confidence following the
Lehman Brothers bankruptcy in September 2008; they then
suffered acute liquidity pressures which had to be met by Central
Bank support, including emergency lending. Management abuses,
which the CBOI did not restrain, were also revealed at Anglo Irish
Bank, which had to be nationalised in January 2009.
Their Annual Report, which was published just three months before
the Government was forced to unconditionally guarantee the
deposits of the Irish-owned banks,said: The banks have negligible
exposure to the sub-prime sector and they remain relatively healthy
by the standard measures of capital, profitability and asset quality.
This has been confirmed by the stress testing exercises we have
carried out with the banks.[31][32]
The next Annual Report had virtually nothing to say about how and
why the Irish banking system collapsed.[33] Although there were four
Central Bank directors on the board of the Financial Regulator, the

Central Bank maintained it had no powers to intervene in the

market. Yet, the Central Bank had the power to issue directives to
the Financial Regulator if it thought it was conducting its business in
a way that was contrary to overall Central Bank policy aims. None
were issued.[34][35]
In July 2009, a senior Central Bank official told the Oireachtas
Enterprise Committee that shareholders (later corrected/clarified to
refer to institutional investors) who lost their money in the banking
collapse were to blame for their fate and got what was coming to
them for not keeping bank chiefs in check. The official did admit
that the Central Bank had failed to give sufficient warning about
reckless lending to property developers.[36] The Governor later
described the share wipeout in which tens of thousands of investors
lost their lives savings as a stock exchange adjustment.[37]
A report by the Oireachtas Public Accounts Committee said it was
exercising inadequate supervision and a proper analysis of loan
books of the banks was not done[38] while a separate parliamentary
banking inquiry blamed the financial watchdog for the economic
crash.[39][40]
The regulators processes and reports, and the findings of external
scrutineers, any of which should have raised red flags, failed to do
so. As a result, they did not see the enormity of the risks being
taken by the banks and the calamity that was to overwhelm them.
[41]

The European Commission in a November 2010 review of the

financial crisis said Some national supervisory authorities failed
dramatically. We know that in Ireland there was almost no
supervision of the large banks.[42] Two months later, the President of
the EU Commission in an angry exchange in the European
Parliament, with a vehemence that shocked his audience, said that
the problems of Ireland were created by the irresponsible financial
behaviour of some Irish institutions, and by the lack of supervision
in the Irish market.[43]
The Taoiseach said that the CBOI had the Government put in place
contingency plans to provide armed Defence Force security for
major Irish banks over public order fears if a cash shortage was
triggered at the height of the financial crisis.[44]
The Central Bank have the power to investigate surviving banks
with the evidence of their slack lending controls during the boom
years but refused and wouldnt comment on the reasons for not
doing so.[45]
The reckless lending practices of banks cost taxpayers well over [46]
100 billion or 25,000 for every man, woman and child living in
the Republic of Ireland.[47][48]

The Financial Regulator[edit]

Main article: Financial Regulator

In 2003 a new separate division of the Central Bank, with its own

Chairman, Chief Executive, and board, was established as the Irish

Financial Services Regulatory Authority. This was as a compromise
between those who favoured a fully independent regulator and
those who believed the Central Bank should maintain full control of
regulation of the financial services industry. This division of the
Bank authorised and regulated all financial institutions (including
insurance undertakings, collective investment funds and credit
unions) in Ireland.[49][50]
Under the 2003 arrangements the Central Bank provided the
Financial Regulator with services. The Regulators industry panel,
which provided the Regulator with feedback on its charges and
policies said in April 2007 that they had major concerns with the
quality and cost of the services provided to the Regulator by the
Central Bank.[51]
The operations of the Financial Regulator were severely criticised in
a report marked strictly confidential and not for publication, as
being poor value for money. The report stated that there were too
few specialist staff, compared with its peers.[52] There were also
serious shortcomings in the crucial supervisory area. [53][54]and the
report was particularly critical of the regulators senior management
structure, concluding that a clear management and oversight
framework, which ensures that issues are escalated through the
organisation, was not fully in place.[55]
Former Taoiseach Bertie Ahern, said that his decision in 2001 to
create a new financial regulator was one of the main reasons for the
collapse of the Irish banking sector and if I had a chance again I
wouldnt do it.[56] The banks were irresponsible, he admitted But
the Central Bank and the Financial Regulator seemed happy. They
were never into us saying ever Listen, we must put legislation
and control on the banks. That never happened.[57]
The April 2009, the new Financial Regulator, outlined his shock at
the poor level of financial regulation he discovered when he started
his job the previous January and it is clear to me we need to
undertake a fundamental overhaul of the regulatory model for
financial services in Ireland.[58] He also said that there was a
critical absence of intellectual firepower within his staff [59]
Following the banking collapse of 20089, the Government [60] reunified the organisation under a Central Bank of Ireland Commission
to replace the board structures of the Central Bank and the
Financial Services Regulatory Authority which became effective on 1
October 2010. A July 2009 editorial, in the respected,Sunday
Business Post, said returning the key powers of regulation to the
Central Bank will be useless unless there is a fundamental change in
the culture of the organisation. This does not require a complete
change of personnel, but a change of key personnel.[61] There can
be no denying that the spinning off of the Financial Regulator from
the functions of the Central Bank in 2003, was an outright failure. [62]

[63]

Criticism[edit]

The headquarters in Dame Street was built at a height far

exceeding what was allowed in the planning permission granted by
Dublin City Council. The Minister for Local Government told the Dail
that he did not believe that because an organization is very
important and is very rich they should be allowed to break the
planning laws.[64]
Irish Trust Bank went into liquidation in 1976 after the Central Bank
failed to spot accounting scams and the taxpayer was left to pick up
the tab for its debts. The Managing Director and owner fled Ireland
and he went on to buy Londons Chelsea Football Club and then
Leeds United .[65]
From the mid-1970s up to the early 1990s, it was aware of, but
took no action to stop, an organised large-scale tax evasion scheme
organised by Ansbacher Bankfor the benefit of wealthy and powerful
Irish people. Included in those who were breaking the law were a
director of the Central Bank and the architect given the commission
to design their headquarters (in contravention of planning
permission).[66][67][68][69][70]
In 1982, PMPA, then the largest motor insurer in Ireland with about
300,000 policy holders and 32 per cent of the entire market, had to
be saved from total collapse by the State. A 2pc levy was imposed
on all non-life insurance premiums at the time to cover the collapse
of PMPA which ended in the early 1990s. The subsequent
administration of the company lasted 30 years.[71][72]
The Insurance Corporation of Ireland was a wholly owned subsidiary
of the CBOI-supervised Allied Irish Banks, when it collapsed in
1985. This was that had arisen due to severe underpricing of
policies being written, adequate reserves were not being maintained
and it was not monitoring the true profitability of the business. This
collapse occurred at a time of deep economic recession in Ireland
(government debt in 1985 was 116% of GDP). But the Irish
taxpayer bailed AIB out of its difficulties at the urging of the Central
Bank. The Irish Government did so as the Central Bank claimed that
it could put AIBs core banking business in jeopardy. The cost to the
Irish taxpayer was 400 million at the time (1245 million in 2013
figures). In a move that angered many, AIB paid a dividend to
shareholders the following year.[73][74][75][76][77]
High Court inspectors found that National Irish Bank facilitated and
encouraged large scale serious tax evasion by their customers by
selling life assurance policies issued by Clerical Medical in the Isle of
Man and also deliberating overcharged both interest and charges by
up to 100 million.[78][79] The CBOI ignored the report and didnt
sanction the institution in any way.[80]
In 2000, the Dil Public Accounts Committee, Deposit interest
retention tax DIRT inquiry, into the facilitation of widespread tax

evasion by the banking industry, was of the view that the Central
Bank had an inappropriate and outmoded approach to supervision
in the context of the growing sophistication of banking and the
changing role of banks. It found that the CBOI had an insufficient
concern with ethics and supervision and it was conscious for an
extended period before and after the introduction of Dirt of the
existence of evasion.[81][82] The inquiry report further said that the
CBOI was too mindful of the concerns of the banks, and too
attentive to their pleas and lobbying due to its particularly close
and inappropriate relationship.[83] The Chairman of the inquiry was
shocked and horrified at the careless and reckless manner in
which the Central Bank had quoted false statistics to the Public
Accounts subcommittee and said that heads must roll and clearly
indicated that the Governor should be the first to consider his
position.[84]
Senior executives at Allied Irish Banks using a British Virgin Islands
company, made for years secret personal profits, at the expense of
the public who invested their pensions/savings with them. The CBOI
also ignored a tip off about the same financial institution systematic
overcharging tens of thousands of their customers, but even after
media exposure of the scandals no regulatory action was taken. [85][86]
[87][88][89][90]

The Central Bank was warned by the German regulator, BaFin, as

early as 2004 that Sachsen LBs troubled Irish subsidiaries were
involved in highly risky and under-scrutinised transactions worth as
much as 30bn or 20 times the parent banks capitalisation. Despite
the warning, in 2007 the CBOI approved another Sachsen
investment vehicle and two months later the stable of off-balance
sheet companies needed a 17.3bn bail-out from the German
association of savings banks to keep Sachsen afloat.[91][92]
The Irish Brokers Association said there was intense frustration and
annoyance about excessive red tape and the CBOI refusing to
listen to them in 2005.[93]
The same year the Central Bank was criticised for publishing a
report, which it was said, read a bit like a promotional brochure for
the money lending industry. It included a section devoted to arguing
why moneylenders should be allowed to charge as much as they do.
(188%-plus collection fees of up to 11%.)[94]
The New York Times referred to Ireland as the Wild West of
European finance in April 2005 which was seen to underline the
fragility of the Countrys Financial Regulation system. [95][96][97][98]
The Australian Authorities warned the Central Bank of the activities
of person connected with the largest bankruptcy in that countrys
history. The CBOI did nothing, he went on to commit a
US$500 million fraud and pleaded guilty in the US despite the crime
being committed in Ireland.[99][100][101][102]
Their consumer panel stated that the Central Bank was slow to

respond to consumer issues and appears to seek complexity and

obstacles rather than to seek consumer-oriented solutions to
current and emerging problems. And it warned that this approach
can undermine consumer confidence in the efficacy of the
regulatory process.[103]
The same month in 2006, a government-appointed panel that
consists of banking and insurance representatives revealed
widespread dissatisfaction with the Central Banks skills base. [104][105]
Their industry panel, which provides feedback on its charges and
policies said the levy on financial institutions for industry funding is
perceived by industry as cumbersome and bureaucratic[106]
They did not give their consumer panel a copy of the report of the
working group set up following the collapse of a stockbrokers, [107][108]
where some investors were waiting over 7 years to have their
claims processed.[109] When the panel managed to get sight of it,
they said it was extremely deficient[110][111]
In July 2007, the Comptroller and Auditor General called for an
independent review of the inspection process for financial
institutions carried out by the Central Bank. The Comptroller urged
the introduction of clearly defined risk categories for individual
areas of financial services, so that the appropriate level of
supervision required for each institution can be implemented in line
with the risk involved.[112]
Transcripts of phone calls by their senior staff suggest they gave
tacit approval to the illicit movement of deposits between Irish Life
and Permanent plc and Anglo Irish Bank plc. Okay, thats grand,
right I think thats everything. The CBOI refused to say whether
staff might face disciplinary procedures or sanctions if the
transcripts were validated and investigated internally.[113]
A businessman succeeded in getting himself appointed a Director by
giving a large personal gift, in sterling cash, to Bertie Ahern.[114]
When the commercial banks began to lend recklessly, which lead to
Ireland losing her economic sovereignty, none of the Directors had
experience of bank regulation[115] but the CBOI had the expertise
available of a romantic novelist sitting on its board.[116]
The CBOI knew that Allied Irish Banks were overcharging
consumers in FX fees but failed to act for a number of years. [117][118]
They gave a parliamentary inquiry the false impression that they
were unaware of it.[119][120] The whistleblower who gave them the
information was requested to come to a meeting with the CBOI but
was only invited to withdraw the allegations of wrongdoing and at
the same time found himself removed from his position at Allied
Irish Banks without any reason given. After his case was highlighted
in the media, the CBOI officially apologised on how the authorities
treated him, eight years after alerting them of overcharging.[121]
The same whistleblower also sent a report entitled Special
Investigation Goodbody Stockbrokers Trading in AIB Shares to

the CBOI, in which questions were raised about the legality of a

device used to trade in AIB shares through offshore locations in
blacklisted tax havens Nevis and Vanuatu. No action was taken.[122]
In 2008 as the Irish economy collapsed, it spent 115,000 on one
staff party.[123]
The Central Bank could have spotted Bernie Madoffs gigantic fraud,
when he started using Irish funds to cheat ordinary investors out of
billions in what is considered to be the largest financial fraud in U.S.
history. Madoff had to supply large amounts of information to the
CBOI which would have been enough to enable the Irish regulator
to uncover the fraud much earlier than late 2008 when he was
finally arrested in New York.[124][125][126]
In early 2009, the Financial Services Consultative Consumer Panel,
tasked with monitoring the performance of the Central Bank, said
that most consumers have lost significant amounts of money due
to the inadequacies of the financial regulatory structure. It also
criticised the deficient response of the CBOI to threats to
consumers, including the Irish property bubble.[127] In response they
said It is clear that the actions we took were insufficient and were
not taken early enough,[128][129][130]
Then leader of the opposition and future Taoiseach Enda Kenny.
called for the board and senior management of the Central Bank to
be sacked.[131][132]Independent Senator, Shane Ross said that the
CBOI was an institution that had lost the faith of the international
markets They think it is actually genetically flawed. That is the
problem were going to have to attack next.[133]
The one time head of Financial Regulation, had companies he is a
director of, fined a total of 3.35 million by his previous employers
the Central Bank, for risk control and reporting failures. [134][135][136] In
early 2009, his successor (whom a leading economist said was
arguably the worst regulator the world has ever seen)[137] retired
early over the handling of an investigation into the 87 million
secret directors loans at Anglo Irish Bank.[138][139] but got a 630,000
golden handshake[140] At a subsequent criminal trial the judge said
the mans attitude and behaviour had complicated sentencing as
during two days of evidence he said I dont recall 30 times and I
dont know 23 times. There were also two dozen I cant recalls a
handful of responses of I have absolutely no recollection and a
plethora of I cant, I cannot, or I dont remember.[141] The next
holder of the position, was asked at a parliamentary committee In
regard to baseline qualifications, if your staff is regulating the
financial sector, should it not be the case where they should have
the bare minimum required in the market as well, a qualified
financial adviser status, or theyve gone through certain industry
exams. Its obviously important to have. But the CBOI executive
disagreed: I dont agree with that. But I think Im conflicted
because Ive never taken a professional exam in my life.[142] The

Governor in March 2015 had to return to Leinster House to clarify

his earlier comments there that Anglo Irish Bank should have been
allowed to fail a view he said was a senior moment and not
what he believes[143][144]
Ernst & Young was hired, to advise the Central Bank of Ireland on
the 440 billion bank guarantee scheme in January 2009,[145] despite
the fact that Ernst & Young[146][147] was being investigated[148] arising
from its audits of Anglo Irish Bank[149] and had also refused to
appear before a parliamentary committee following the collapse of
the same bank after receiving legal advice.[150][151] Their then head
of financial regulation told the same committee that a lay person
would expect that issues of this nature and this magnitude would
have been picked up by the external auditors.[149]
At the same time the lowest tender was not chosen for the fit out of
new offices in Spencer Dock in Dublins docklands. [152]
Following the failure of existing regulatory structures to prevent
excessive lending to the property sector,[153] consultants Mazars,
which were brought in to review operations said that regulatory
expertise was lacking in some areas.[154] Responding to the
highlighted weakness, the Minister for Finance, said substantial
additional staff with the skills, experience and market-based
expertise will be appointed. Those recruited will also have the
expertise to regulate the international financial services sector.[155]
He also announced that all consumer functions will be reassigned to other agencies.[156]
In July 2009, the CBOI blocked insurers and banks from making any
critical statements containing any references to them by means
either of public press statements or un-approved public
references, whether written or oral.[157]
Two reports of an investigation into the wholly inappropriate sale of
perpectual bonds by Davy Stockbrokers to credit unions failed to
involve any of the credit unions affected, leaving them in the dark
and powerless to add any value to the findings of this investigation.
The CBOI then declined to give them access to the reports. The
Chairman of one the Credit Unions who suffered large losses told
his members The failure to publish the reports is to place the
complaints process in a shroud of secrecy. Such a failure of
openness, transparency and fairness can only serve to undermine
confidence in the complaints process, forcing those with grievances
into the courts. Such a course of action is not in the interest of any
of the stakeholders.[158]
The next month, the head of the German Financial Regulator told
the Bundestag Finance Committee that the failure of the terrible
Depfa Bank, which was completely supervised by its Irish
equivalent, lead to the collapse of its German parent which forced
Berlin to bail it out at a cost of 102 billion. The committee was told
that the alternative was a run on German banks and the eventual

collapse of the European finance system and You would have

woken up on Monday morning in the film Apocalypse Now[159] The
bank had just 319 employees[160][161] but was allowed to guarantee
loans valued at 14 times Irelands Gross Domestic Product.[162] A
former Governor of the Central Bank of Ireland was a director of
Depfa.[163] Regulatory failure was acknowledged and this is a source
of continuing friction with the German authorities. [164][165]
The CBOI admitted that it had issued private warnings to over 30%
of credit unions about their arrears levels, but refused to provide full
updates on what percentage of credit union loans are in arrears or
how quickly they are increasing.[166][167] This raised questions about
their commitment to openness[168][169][170] as detailed questions about
the solvency of individual credit unions are subject to the standard
response of no comment[171]
Transparency International[172] have questioned whether the Central
Bank should continue to have an exemption from Freedom of
Information legislation.[173]Compliance experts[174][175] have said The
most offensive confidentiality provision in Ireland is the one which
protects the Central Bank[176] Both the Financial Services
Ombudsman and Information Commissioner,[177] are among others,
[178][179][180]
who called for a lifting of the confidentiality applied by the
Central Bank to much of its work.[181][182] Other EU regulators have a
policy of transparency.[183][184]
The director general of the Free Legal Advice Centres in October
2009 said, the code of conduct on mortgage arrears produced by
the Central Bank was deeply disappointing, and did not offer
enough protection for consumers.[185]
The Irish Times, the countrys newspaper of record said the
organisation has a death wish and its regulatory edict verges on
the Pythonesque, eating into what is left of its credibility.[186]
In a speech, the Governor of the Central Bank implied that
ignorance and inattention were to blame for regulatory failure. [187]
The Consumer Consultative Panel, in December 2009 said that they
were unable to function for almost a year because officials ignored
requests for meetings and we believe it is unacceptable that the
board of the financial regulation section has failed to take
responsibility for their stewardship of the organisation during the
last six years. They did not understand many of the sectors and
financial products it regulates.[188] These failings undermines their
ability to enhance or enforce corporate governance in the wider
financial services sector. It also warned that the reforms
announced to date were not sufficient to avert more crisis in the
future.[189][190]
Following a February 2010 review by the Comptroller and Auditor
General, the organisation admitted that it paid for 52 spouses of
staff to go on foreign trips over a two-year period.[191]
The next month opposition politicians described an advertisement

seeking to appoint a consultant to oversee its art collection as

insensitive and inappropriate at the dept of the credit crunch
depression.[192]
The Central Bank should give an annual statement to the Dil on
bank supervision to make regulation more accountable, the
Comptroller and Auditor General said in March 2010 after
highlighting shortcomings in financial regulation leading up to the
financial crisis .[193][194][195]
At the same time the influential German newspaper Siddeutsche
Zeitung described as remarkable the CBOIs handling of a
whistleblowers revelations that the Irish subsidiary of Unicredit
Bank had 40 times the permitted level of deviation of minimum
liquidity requirements. They also did not inform the parent bank and
the relevant regulatory authority on the continent.[196][197][198]
High risk and sloppy lending practices at the Irish Nationwide
Building Society were reported to the Central Bank by external
accountants over a long period but did not change its behaviour.
The former head of compliance, became a whistle blower by
reporting dodgy practices. Separately the Vice Chairman told the
CBOI of his concerns in great detail,[199] but again they did nothing.
[200][201]
It required a 5.4 billion[202] Government bailout, leaving it in
State ownership.[203][204] A letter which they received concerning the
legality of the illicit loans by the Building Society to Sean FitzPatrick
had gone missing.,[205] but the CBOI knew for 8 years about the
clandestine loans of up to 129 million but did nothing. [206]
Management at Irish Nationwide used to arrange meetings with the
CBOI for late on a Friday afternoon, knowing that the regulators
staff would not want for the encounter to last for more than an hour
because it would nibble into their weekend.[207] In a damning report
following Nationwides collapse, the Regulator was found, for
decades, to have understood and delineated the critical INBS
issues well before they caused trouble, but equally failed fully to use
its powers under the [Building Societies] Act by pursuing these
issues, being apparently mollified by bland assurances and the
CBOI did not meet standards which might be reasonably expected.
[208]

Reports[209][209][210] on the financial crisis did not ask the opinion of

their consumer consultative panel, who in a statement said it was
very disappointed that, in particular, the report by the Governor did
not refer to the work of the panel in highlighting many of the
failings of the regulation in the past number of years.[211][212]Fresh
areas of concern included the lack of minute-taking at senior levels
in the Financial Regulation section and among its sub-board. Central
Bank minutes and those of then financial services regulatory
authority typically recorded only the broad consensus on issues
discussed and decisions taken.They do not describe in any detail
the frequent debates and often significant differences of opinion

that, according to board and authority members, existed on some

issues, especially the possible risks to financial stability,[213]If this is
the situation that prevails, then this has to be a source of concern
regarding the standard of governance. AuthorFintan OToole wrote
of the same report, [it] is notably evasive on one of the key
questions political and governmental collusion with the bankers.
Evasive is not the right word; tortured,twisted or tormented
might be more accurate.[214]
One of the reports noted that the Central Bank had found
substantial departures from credit policy during inspections of
banks, but failed adequately to follow up on its concerns. Secondly
intrusive demands from regulatory staff could be and were set aside
after direct representations were made to senior regulators.[215][216]
Two months later, it emerged that their regulatory section
authorised the Quinn Group (which subsequently went into
administration) to borrow 169 million fromAnglo Irish Bank in
order to buy Anglo Irish shares (which subsequently had to be
nationalised at a cost of 5,500 for every man, woman and child in
the State[217]).[218] Its actions were described as like the Vatican
running an abortion clinic.[219][220][221][222] At a meeting with the
Chairman of Quinn Insurance, the Regulator didnt think it was fair
or appropriate to tackle the tycoon on his investments. [223] The
subsequent collapse of the Quinn Group cost the public 1.65
billion.[224]
On her September 2010 state tour to Russia, the President of
Ireland Mary McAleese, highlighting the importance of competence,
criticised the Central Bank for its role in the run-up to the financial
crisis which resulted in tens of thousands of people in mortgage
arrears.[225][226]
The same month the Central Bank described as heroic the
response in the run-up to the blanket guarantee of Irelands toxic
banks. The chairman of Nama and former Revenue Commissioner,
said he believed there was only a quite late engagement, by the
Department of Finance with the financial crisis. The Department
relied on the Financial Regulator and the Central Bank and was let
down by them, he added. Two months later, Ireland lost its
economic sovereignty when it was bailed out by the EU/IMF/ECB
troika.[227] The British Government were tipped off, by the Regulator,
of the position concerning Anglo Irish Bank before the Irish Cabinet
was informed.[228] Whitehall then refused to release documents
showing the extent that the CBOI passed market sensitive
information to London, citing [Britains] public interest.[229]Bank of
England minutes show that Irelands bank guarantee was blamed in
London for bringing global interbank lending to a standstill after the
Lehman Brothers bankruptcy. Actions announced first by the Irish
were both unclear and unco-ordinated and led effectively to a
beggar thy neighbour policy which froze the international banking

system, said a Bank of England minute a fortnight after the

guarantee. The Irish guarantee was cited as an example of the lack
of international co-ordination, which proved to be as much a trigger
for the Financial crisis of 200708 as Lehman.[213] The managing
director of theEuropean Stability Mechanism said his agency was
forced to bail out Ireland because of the wider threat to the rest of
the European Union.[230] The Governor conceded that failure to
consult with other countries triggered immense pressure for
guarantees all over Europe, causing resentment and making it
difficult for Ireland to make its case for burden-sharing with
Europe.[231]
Almost simultaneously external reviewers highlighted the
unacceptable pace of investigation into how the financial system
in Ireland came close to collapse leaves a lot to be desired. This
was in contrast to the United States and Iceland, which have moved
faster to examine what went wrong. Furthermore, there has been
very little outcome from ongoing investigations into dealings at
some of our major institutions by the Central Bank.[232][233]
Criminal prosecutions by the Garda Sochna against managers in
banks who committed offences are being undermined as CBOI staff
were aware of the alleged offences, took no action to stop them and
thus provided an arguable defence to those who committed
wrongdoing, as they could reasonably claim they were acting with
the approval of regulatory authorities at all times. One line of
inquiry investigated by detectives was that they did not inform the
Department of Finance of all facts they knew about the banking
industry. Two arrests were made following a complaint made by two
officials of the Central Bank.[234][235][236][237] Two directors of a defunct
Bank walked free from court after a judge ruled they should serve
community service for their role in an illegal loans-for-shares scam
despite being found guilty. It seems to me it would be most unjust
to imprison these two gentlemen when it seems to me a state
agency [the Central Bank] has led them in error and illegality, the
judge said.[238] and it was incredible.red lights didnt go off some
place in the regulators office and the appropriate legal advice was
not sought and they are more anxious to solve the problem than
comply with the technicalities of the law, but nonetheless the law.
[239]
The Irish Examiner described the CBOIs subsequent refusal to
comment or explain its role on crimes committed with its nod as a
critical institution of the Irish State as omerta.[240]
Five years elapsed before they forced Davy Stockbrokers to inform
investors, who lost tens of millions of euros, that the instrument
sold was not compliant with the Trustees (Authorised Investments)
Order at the time of its sale as it was not listed on a recognised
Stock Exchange and it dealt as principal in both the purchase and
sale and was in breach of the rules of the Irish Stock Exchange by
not disclosing this fact on its contract note. The effected parties

had settled their claim against the stockbroker, before receiving the
notification, and it was suggested they could have received much
more compensation if they had ensured that their adverse findings
about the case was communicated. The full report was not
published and no regulatory action was taken.[241]
Within days, after the arrival in Ireland of the International
Monetary Fund, they admitted that the stress tests on banks, that
the CBOI conducted 4 months earlier[242] failed to convince financial
markets[243] and the level of capital that the banks needed which
they recently described as at shock and awe safety levels would
be increased by 50 per cent.[244] Two months later, a European
Commission document revealed, that a second stress test on Irish
Banks, would be peer reviewed by the Banca dItalia and the
French Commission Bancaire to strengthen the external credibility
of the process. This would be in addition to the consultants hired to
help the Central Bank, at a cost of nearly 40 million,[245] Boston
Consulting Group, Blackrock Solutions, and Barclays Capital.[246]
However Boston Consulting, expressed reservations about the
process-saying it would have preferred to carry out more file
reviews of bank assets, blaming time and resource constraints
imposed by the Central Bank.[247] A secret internal investigation was
held following repeated claims by a whistleblower that the stress
test data was doctored and dressed up to ensure that Bank of
Ireland, Allied Irish Banks and Irish Life & Permanent passed, but
the investigation found there was no reason for concern.
Independent TD Stephen Donnelly said Perhaps the Oireachtas
Financial Committee could look into these allegations on behalf of
the Dail. It is not appropriate for the Central Bank to be the only
body investigating serious allegations against it by one of its own
employees.[248] Moodys and Standard & Poors[249] credit agencies
subsequently said Irish banks would need further large cash
injections from the taxpayer.[250][251] Subsequently the European
Commission found that the CBOI engaged in financial nationalism
to ensure that Irish Banks passed the Stress Tests.[252] University
College Dublin research found after the stress tests failed to
properly assess the true condition of the countrys banks the
Governor made the costliest mistake ever made by an Irish
person.[253]
The 50 billion of emergency funding given to Irish banks by the
Central Bank of Ireland could pose a threat to the very solvency of
the Central Bank itself, a report by Citi concluded in January 2011.
[254][255][256]

In March 2011, the Free Legal Advice Centres criticised the CBOI for
failing to regulate hire-purchase agreements saying that some of
the worst credit practices take place on garage forecourts when
people are sold hire purchase for a car.[257]
Comparisons with the Bank of Finlandthe equivalent of the Central

Bank of Irelandwhich has a much more complex banking system

to safeguard, show it halved its staff since the introduction of the
Euro to 650. The CBOI more than doubled its headcount to 1400 by
2012 since the introduction of the single currency, many of whom
are on an average salary of 80,000 a year,[258] work 32.5 hours per
week or 6.5 hours a day and can have in excess of 40 paid holidays
a year.[259][260][261] The level of its business travel expenses,(1571 per
employee in 2014)[262] featured in the best-selling book Wasters,[263]
increased by 46% in one year.[264][265] It has also special
arrangements for officials to cash cheques internally bypassing the
commercial banks,[266] spends over 1 million annually on subsidizing
food, tea and coffee for staff with 55,000 being spent on biscuits
alone and used taxpayers money to buy golf balls branded with
their logo.[267][268] At one time, the Governor was said to be one of the
highest paid Central Bankers in the world.[269] An endemic culture of
rewarding failure has meant that not one person in the Central
Bank has been sacked for their role in the worst financial and
economic crisis in Irelands history, a leading economist said in
August 2011.[270]A media commentator accused the CBOI of
operating in an Alice in Wonderland fairy tale by continually self
judging its own performance as being of the highest grade thus
giving all staff at least one extra days holidays.[271]
Investors blasted the CBOI in October 2011 after losing tens of
million of euros in what a High Court Judge described as a sort of
an Irish ponzi scheme saying regulators should have spotted the
problems earlier. An inquiry was carried out, on how the Central
Bank handled the affair. This found that a whistle blower told them
the true position but the CBOI instead relied upon a letter [from
the Directors] confirming that all equity monies received had been
accounted for in the firms books and records which provided
unjustified comfort to the Central Bank regarding the safety of
client funds[272][273][274][275][276][277]
In March 2012, it fined a stockbrokers for failing to report trades to
allow them prevent market abuse and failed to establish adequate
policies and procedures.[278]A Director and shareholder of that firm
who was present when most of the regulatory breaches took place
was then appointed Head of Stockbroking Supervision at the Central
Bank.[279]
The decision to continue printing euro notes in Dublin when those
notes could be printed much more cheaply on existing presses
elsewhere was described a colossal waste of money in April 2012.
Its senior officials also earn more than their counterparts in the
United States.[280] Over 60,000 is spent per week on third party
legal services[281] and will spend 500,000 alone to move its iconic
golden ball from outside its current headquarters on Dame Street in
Dublin to its new 140m base on North Wall Quay.[282]
Early in 2013, Fianna Fil called on the CBOI to publish a top secret

report that found major and numerous problems with Irish

stockbrokers. They said it was essential investors had confidence
that their money was being handled properly. The report warned
there will have to be mergers of firms to ensure the industry
survives, but this process will have to be done in a controlled way
because any instability in the sector could pose a danger to many
peoples savings, and prevent new businesses from raising money
at a time when banks are not lending.[283][284]
The Government wanted the CBOI to do more to tackle the issue
of mortgage arrears. In our view, the Regulator is not moving as
strongly as it could be. The money is there. The legislation is there.
Now is the time to get on with it, a government source said in
February 2013. In response the CBOI cautioned against interference
and confirmed that officials havent been directly confronted on the
issue, but clear signals have been sent that the Government wanted
more action.[285]
Two months later the National Treasury Management Agency
chastised the Central Bank for saying that Irish insurance and
pension funds held just 11m of Irish government bonds, down
from 945m at the start of 2012 suggesting that Irish investors
were ditching the bonds just as the Government was trying to
return to the markets. These figures do not reflect the true level of
Irish government bonds held by domestic pension funds and
insurance companies The CBOI took down their statistics from its
official website the day after their publication but refused to say
whether their data was correct.[286]
The next day they issued a silver 10 commemorative coin in
honour of James Joyce that misquoted a famous line from his
masterwork Ulysses[287] despite being warned on at least two
occasions by the Department of Finance over difficulties with
copyright and design.[288]
The International Financial Services Centre in Dublin is losing out on
major international banks because of how the Central Bank
regulates them. The former chief executive of the National Treasury
Management Agency said he was dismayed to see banks,
including big names such as Goldman Sachs, handing back their
banking licences. He went on to say said the country was shooting
itself in the foot in many ways, and the IFSC was of huge benefit to
the country,employs 30,000 people and could have grown further.
[289]
Dublins ranking as a financial services centre plummeted from
10th in 2009 to 70th in 2014[290] IFSC institutions cited the
timeliness of decisions by the Central Bank of Ireland as having a
significant impact on their operations which was out of line with
their expectations and experience in other jurisdictions. [291] The
Government have a strategy to try and make the IFSC the centre of
FinTech, by being faster and slicker than the UK and Germany in
putting regulation in place, however in 2015 Central Bank

regulations for the rapidly growing sector look to be years away.[292]

A briefing note prepared by senior civil servants for the Minister for
Finance said concerns about the Irish regulatory environment may
be pushing US financial firms to establish European operations in
locations other than Ireland saying Decision-makers at board level
in the US are influenced by seeing their companies encountering far
more regulatory problems in Ireland than, say, in Luxembourg.
When visiting investors in California the Minister was also told of the
difficulties experienced in receiving a regulatory licence from the
Central Bank to establish a European base in Dublin. Irish
diplomats, when attempting to secure jobs for the country, relayed
back to theDepartment of Foreign Affairs and Trade they are
receiving negative feedback on the approach to regulation taken
by the Central Bank.[293] The Financial Timessaid in July 2015 that
doubts about the CBOIs regulatory capacity are among the
factors that have seen Dublin slip down the league table of global
financial centres.[294]
Following the disclosure of taped conversations of executives of
Anglo Irish Bank discussing the bank guarantee, which cost Ireland
its economic independence, theIrish Independent called the Central
Bank incompetent in June 2013.[295] The transcripts showed the
executives referring to the Central Bank as our buddies in Dame
Street[296] as being a shower of clowns[297] who were effectively
egging us [Anglo] on to break the law.[298] German Chancellor
Angela Merkel said the calls were contemptible.[299][300] Senior
politicians expressed astonishment when the Central Bank
announced it would not be making criminal complaints either to the
Garda or the Office of the Director of Corporate Enforcement over
the tapes.[301] The CBOI later admitted of a joint golf day between
Central and Anglo Irish bank Directors at Druids Glen shortly before
the bank guarantee was announced.[302]
An internal whistle-blower revealed problems with the CBOIs
outsourcing of its IT infrastructure. Ask yourself this, what would
be the consequences of any type of [data leak]? Even if the breach
did not touch the money transfers and was only information, much
of it is commercially sensitive and the possible liability [to the
taxpayer] large, After their outsourced computers crashed, Sinn
Fins finance spokesperson, said I wonder if Irish people would be
happy to know that all the data for the most important bank in the
State is being held in a private companys control centre which has
experienced one power blackout already this year?[303]Months later
following another IT crash, a staff member wrote to a TD claiming
that the IT system has been unstable since being moved, (separate
to the process failures), yet they continue to move more and more
systems out while the instability continues.[304] It subsequently
encountered technical problems which forced it to push back the
deadline for firms to submit a key document in the regulators

fitness and probity regime.[305]

Ireland is hoping to be the home of Sharia Islamic finance in
Europe. Enda Kenny told the Irish Funds Industry Association that
he was doing everything he could to ensure Dublin became a
centre of excellence for Islamic finances.[306] These efforts received
a setback when a product, approved by the CBOI as Shariacompliant, was foundto have violated Islamic law in Malaysia and
could warrant a penalty of up to 8 years in jail.[307]
The Irish League of Credit Unions in response to the consolidation of
the sector, accused the CBOI of acting beyond its statutory powers
and cloak the proceedings and the challenge to its decisions from
public scrutiny and added that it was important that State
regulators operate openly, clearly and accountably, and it warned
the Central Bank against trying to scare the public or exaggerate
risk for the sake of achieving unarticulated policy objectives. The
cost to the State of the rationalisation is expected to be in the
region of 1 billion.[308] CBOI regulations will ensure that credit
unions are restricted from competing effectively with other financial
service providers into the future.[309] A peer review of the work of the
Registry of Credit Unions, which is part of the Central Bank, told it
that more on-site inspections of smaller credit unions were needed
and to communicate better.[310]
Following the collapse of Irelands oldest and third-largest
stockbroker, Bloxham Stockbrokers, after the firm had been
discovered to be cooking its books for five years, the CBOI refused
to answer questions about regulatory failure or confirm that it will
publish a report outlining what went wrong and how to make sure
something like this does not happen again. They did not refer
anyone to the Garda or the Director of Public Prosecutions.[311][312]
Over 3 years later, the Regulatory Board of Chartered Accountants
Irelands inquiry into the performance of the auditors of the
stockbroker was still being held up by the lack of action from the
Central Banks own research into the collapse.[313]
The CBOI were aware of corporate governance issues at Irelands
largest credit union in Newbridge County Kildare for eight years
before it had to bailed out by the state at a cost of 54 million. [314][315]
[316]

Debt experts authorised to strike deals through the Insolvency

Service of Ireland were threatened with criminal prosecution by the
Central Bank unless they became regulated by themselves
notwithstanding that both accountants and lawyers are already
regulated by their own respective professional associations. The
extra red tape made some of the experts jobs unworkable,
resulting in delays for borrowers trying to resolve their debt
problems.[317] The Insolvency Service then admitted that overborrowed families find it difficult to get a financial expert to take on
their cases.[318]

In November 2013, the organisations regulation failed to detect

accounting issues at the countrys largest car insurer, RSA/123.i.e.
The problems had been occurring for at least two years and its
foreign parent had to inject 400 million to keep its Irish subsidiary
in business.[319][320][321][322] 14 months later the Central Bank hinted that
it lacks sufficient supervisory expertise to police the sector, and
indicated it is worried about the financial health of at least three
insurers.[323] TheConsumers Association of Ireland criticized the
CBOI for issuing a directive to the car insurance industry to increase
the prices they charge the public and theNational Competitiveness
Council slammed rises in the cost of many types of insurance
policies as barriers to Irelands competitiveness and laid the blame
at the regulators door.[324][325] A testy exchange followed with the
Department of Finance, who requested the CBOI to report on any
issues of concern, got the response they were primarily accountable
to the Oireachtas and not directly to the department.[326] The CBOI
only relented and gave the information after the Minister wrote to
the Governor to state that he was aware of poor financial reports
from certain domestic insurance companies: job losses, and reports
of an overall negative outlook for the sector domestically that could
have implications for the Exchequer, policyholders and the wider
financial system.[327] A damning January 2016 assessment by
international credit ratings agency, Standards & Poors, said the
handling of various insurance company failures by the regulator
raised questions about its ability to regulate the sector.[328]
The CBOI was found out to be producing useless mortgage
statistics after it emerged it excluded large numbers of nonperforming home loans from its figures[329]and its Code of Conduct
on Mortgage Arrears[330] was on the side of protecting the lender, not
the public.[331][332] A Central Bank-initiated scheme to assist indebted
families have their debts restructured was a spectacular failure as
just one in ten chosen for the scheme actually ended up with a deal.
[333]
They also published misleading figures by claiming mortgages
holders are paying much lower interest rates on home loans than
they actually are. When the massive discrepancy was detected by
an external expert the CBOI conceded that they are going to have
to change how they calculate average mortgage rates.[334] The
regulator considered bypassing the state funded Money Advice and
Budgeting Service, who works with those in mortgage distress, and
wanted consumers to deal with a foreign organisation with no
experience in the area.[335] It has no idea how many mortgages were
sold to unregulated vulture funds which leaves the homeowners
vulnerable to being mistreated if they are in arrears.[336] Large-scale
breaches of the statutory code of conduct on mortgage arrears by
banks and other lenders are unpoliced by the regulator.[337] Fianna
Fail said that CBOI mortgage lending rules were designed to
discourage people from home ownership and hit families trying to

move home and the failure of the Central Bank to impose a single
sanction against a lender is a worrying indication of a continuing
deferential approach to the banks by the regulatory authorities,[338]
and later ignored a call by the Taoiseach to name and shame
lenders who breached the mortgage codes of conduct.[339]An
economist blamed the same rules for contributing to a sharp fall in
the growth of construction in 2014/2015 [340] The Economic and
Social Research Institute in March 2015 found that the same
measures would result in fewer houses being built, fewer mortgage
loans being issued,higher rents and unsustainable transport
patterns.[341] The think tank also said first-time buyers should have
been treated the same as other borrowers, dismissing the Central
Banks argument that first-time buyers are a different risk
proposition for banks and a wide number of studies conclude that
when credit conditions are liberalised, it is relatively younger and
poorer households who tend to benefit from greater credit
provision,[342][343] A Fine Gael told the Dail I am at a complete loss to
understand how the Central Bank does not know how many
distressed mortgages have been moved from a tracker to a variable
rate. I remain confused, exasperated and unsure of how to get the
information and I had been sent around the houses and down every
avenue by the Central Bank.[344] The CBOI were later accused of not
wanting people to be able buy their own home by promoting renting
from landlords.[345]
The Central Bank in April 2014 arbitrarily excluded the majority of
consumers from getting compensation who were missold Payment
Protection Insurance. UK banks provided over 22bn for PPI
misselling costs which, if scaled on a pro-rata basis, is many
multiples of the compensation the Irish banks were asked to repay.
The offending banks were also not fined which was in sharp contrast
to the regime imposed on UK banks.[346] Lawyers were appalled at
the reckless advice, the CBOI gave consumers who were missold
PPI policies, that will play into the hands of the financial
institution.[347]
Months later a whistle-blower, inside a large multinational financial
institution, provided the CBOI with a detailed dossier of flagrant
breaches of the regulatory requirements aimed at protecting Irish
consumers. The Regulator agreed that the affected members of the
public need not be compensated, for the payment of what was
described as a paltry and measly, fine.[348]
Weeks later,a former Governor and their former head of Financial
Regulation both snubbed invitations from the Leinster House Public
Accounts Committee to appear before it to answer questions on the
440bn bank guarantee .[349]
A report[350] by the Washington DC based International Monetary
Fund raised concerns that the Central Bank of Ireland had high staff
turnover in some areas which had an knock-on impact on its

effectiveness and said officials should make more use of on-site

inspections and pursue all of its available enforcement authority,
including criminal prosecutions.[351]
A 2014 detailed report by the Free Legal Advice Centres concluded
that consumers were robbed of many of their rights and protections
across the financial sector and singling out the Central Bank for
criticism, said regulations governing consumer protection remain
deeply flawed.[352] It contacted the proprietors of a media
organization in late 2014, in an attempt to silence a journalist who
criticized its efforts to protect consumers.[353][354] In Spring 2015, a
peer review of the light touch consumer protection function of the
Central Bank carried out by the Netherlands Authority for the
Financial Markets told it to do more to ensure consumers are
treated fairly by banks, insurers and other financial firms. [355][356][357]
The Irish Ambassador to London alerted the Minister for Finance of
very negative comments from British financial institutions about
their experience in dealing with the CBOI. The April 2015 note
added: In their view this has the potential to undermine the Irish
financial sector.[358][359]
Nigerian fraudsters stung the CBOI (which is tasked with
maintaining the safety and integrity of the Irish banking system) by
fooling them into transferring up to 1.4m into a bogus online
account.Error: [360] shortcode requires URL to be set[361]
When the Central Bank became subject to external scrutiny under
Freedom of Information legislation the Deputy Governor said its
very detrimental and problematic to the way we function and well
be speaking more on the phone and writing less in the future.[362]
Accounting firm, Ernst & Young received fees from the Central Bank
totalling between 21m and 22m over two years but refused to
say what type of work they engaged in, in order to receive the large
pay-out. A Government Fine Gael backbencher said The size of the
payments would strongly suggest a requirement to disclose what
the fees were for. This is a significant amount of money at a time
when the public finances were under pressure and families were
making significant sacrifices to help get the country back on its feet.
The Central Bank requires a level of transparency from financial
institutions in this State. Therefore, I think it is reasonable that the
Central Bank would disclose what these payment were for and apply
the same level of transparency to itself. [363]
In June 2015, they were criticized by the left wing in Dil ireann[364]
for doing nothing to protect those on low incomes, the vulnerable or
have low levels of financial literacy from loan sharks when it
emerged that up to 100,000 of the 360,000 loans given by
moneylenders broke the law.[365]
The CBOIs supervision of anti-money laundering activities to stop
the proceeds of criminal activities and terrorist financing in the Irish
financial system is woefully insufficient a Deputy Governor

conceded in comments not intended for public disclosure. [357]

It was revealed in August 2015, that they were aware for years but
inexplicably failed to act, of the mistreatment (deliberate
overcharging, subsequent arrears followed by legal proceedings;) of
1372 mortgage holders by Permanent TSB, the serious failure
included 61 families been wrongly evicted from their homes. A
subsequent editorial in Irelands largest selling newspaper said:How often have Edmund Burkes words echoed despairingly The
only thing necessary for the triumph of evil is for good men to do
nothing. For the Central Bank to preside over such inequity while
having being warned, is nothing short of disgraceful. [366][367]
The next month the Regulation Levy charged to financial services
entities was increased by 40%, not to fund Regulation but to prop
up a 300 million deficit in the gold-plated defined benefit pension
scheme enjoyed by all its 1,364 staff. The rise in the levy was
passed on to consumers by banks, insurers and investment funds
and put some small operators out of business.[368][369] Weeks later it
was revealed that the CBOI for years breached emergency laws
cutting pay and banning bonuses in the public sector by secretly
giving managers extra cash and reducing the surplus going to the
Exchequer. Those getting the bonuses had to sign a contract
promising to keep the fact and the amount of the payment
confidential. A trade unionist said Given the role that a bonus
culture played in our banking crisis, it is extraordinary that the
Central Bank charged with oversight of the countrys banking
system now appears to itself be part of that culture.[370] The Public
Accounts Committee Chairman said the CBOI was giving the two
fingers to the Government again, which they did previously.[371]
Staff belonging to a trade union then passed a motion of no
confidence in management by 92%.[372] Further controversy followed
when the CBOI claimed the payments were a retention scheme to
ensure that key staff do not leave, when it was learnt that they
allowed the same managers to go on secondment to the European
Central Bank in Frankfurt.[373]
Shortly afterwards it was learnt that a large amount of information
was withheld by the CBOI from the investigation by the 11-person
Parliamentary inquiry into the collapse of the Irish banking system.
[374]
The Central Bank and some of its legal representatives were
omitting huge swathes of vital documents, redacting many of the
most crucial pieces of evidence, and delaying release of vital
material until it was too late to use them in briefings for public
hearings in at least one case handing them over 24 hours before a
scheduled interview about them.[375]
It emerged in October 2015 that they were warned six years earlier
about the scandal of banks wrongly taking valuable tracker
mortgages off at least 10,000 homeowners costing them thousands
of euro every year in overpayments but turned a blind eye. [376]

A senior internal auditor was forced to delete critical findings on a

lack of appropriate monitoring of arrangements for engagement of
external auditors, ineffective monitoring of the banks internal
auditing arrangements and lack of review of its internal audit
manual. After making a whistleblowers declaration, his employment
was terminated. The Bank accepted the finding that it was
breaching the Code of Practice for the Governance of State Bodies.
[377]
The deputy leader of Sinn Feinsaid- The reason I feel that this
report is troubling is because we know that a lack of regulation, a
lack of oversight, sloppiness, group-think, all of these things were
ingredients over the years that led us to a very catastrophic
situation.[378]

Banking Inquiry Confirms that Irish Super-Rich and Entire

Irish Elite Are Responsible for Greatest Crisis in the Financial
History of the State-Statement by Seamus Healy TD
IRELAND HAS NO ECONOMIC SOVEREIGNTY TO STAND UP TO EU
BULLYING
The report of the Banking Inquiry and the published evidence shows
that the greed of the Irish rich combined with the compliance of
their elites are responsible for untold misery due to the financial
crash including mass unemployment, emigration, negative equity,
loss of homes and life savings. It also showed that the policies of
successive governments have left Ireland with no economic
sovereignty to protect our citizens.
A new left government completely excluding Fianna Fail and Fine
Gael is necessary to tackle this situation. New regulations and
procedures are not enough. The rich and their elite hangers on will
not implement any regulations if it does not suit the rich.
The government, central bank and the regulator had plenty powers
and advance information to enable them to intervene to prevent the
crash but failed to use them.
In his evidence to the Inquiry, the then Deputy Governor of the
Central Bank Tom OConnell, put it in a nutshell: Its sometimes
said that nobody seemed to know that a property boom or
bubble was developing. Thats that is completely incorrect
in my view Irelands banking and economic crash should never
have happened, should never have been allowed to happen, with all
the consequences of huge increases in unemployment, rising
emigration, enormous debt, suicides, etc., that we have seen.-

the liquidity pumped out into the banks was 140 billion,
you know, with the both from the Central Bank and the
ECB. I mean, once you spell that out, thats 140,000 million
there are 12 digits in that.- One can only surmise that, as
Professor Alan Ahearne has said here to your committee, too many
people were benefitting from the boom time for prudence
avoidance prudent avoidance measures to have been
taken.
TOM OConnell is right!
The Inquiry found that the almost universal adoption of the softlanding theory without any substantial testing or challengemust
be regarded as a key failing for the government, the Central Bank
and the Department of Finance-Ciaran Lynch TD Chair. The
Economic and Social Research Institute, charged with advising
citizens and government on economic matters, and employing
numerous professors of economics, also predicted a soft landing.
There was significant overlap in membership between the board of
the Central Bank and the governing council of the ESRI. Irish elite
insiders from business, trade union leadership, academia and the
business professions dominated both boards.
Citizens should use the election to clear out the representatives of
the super- rich from government before they cause another similar
crash
Seamus Healy TD

Independent Alliance Divided on Begg Appointment

But Seamus Healy TD calls for Resignation of Begg and
Burton in the Light of the Findings of The Banking Inquiry
Seamus Healy TD calls for Resignation of Begg and Burton
Alliance Divided on Begg Appointment-Sunday Times Jan 24.
The Independent Alliance is divided over the governments
appointment of David Begg, the former leader of the ICTU,as
chairman of the Pensions Authorty. Fergal Quinn, president of the
Alliance, and Senator Gerard Craughwell have told colleagues that
they do not want Begg to step back from the appointment, which
was made by Joan Burton, the Tnaiste. . .
.
.
Seamus Healy (who is not a member of the Alliance-PH), a
Tipperary TD, yesterday called on Begg and Burton to resign in the
light of the findings of the Banking Inquiry. Begg served on the
board of the Bank from 2003 to 2007.Sunday Times Jan 24
Fergal Quinn, former owner of Superquinn Supermarket chain was
also Chair of An Post and dealt on behalf of an Post as an employer
with David Begg as then general secretary of the Communication
Workers Union.
Gerard Craughwell, past president of TUI, is a former chair of Fine
Gael in Dunlaoire but now sits as an independent. He will be running

for re-election on one of the panels for which county councillors are
the majority electors. ICTU is a nominating body for one of the
panels.
Shane Ross and all the Independent Alliance TDs voted against the
FINANCIAL EMERGENCY MEASURES IN THE PUBLIC INTEREST BILL
(FEMPI) in the Dil. This act imposes penalties by law on workers
whose unions refuse to comply with a government-ICTU public
service agreement which extends additional work for 2 years. This is
an anti-union measure, proposed by a Labour minister,which is
incompatible with the concept of free trade unions. In the Seanad,
Craughwell proposed amendments but failed to call a recorded vote
against the Bill. Fergal Quinn also failed to oppose the Bill.
Seamus Healy TD and Workers and Unemployed Action (WUA) have
no connection with the Independent Alliance. This is because the
Alliance is not opposed in principle to going into coalition with
Fianna Fil and/or Fine Gael. Shane Ross and Fergal Quinn are selfconfessed capitalist politicians. During the boom Shane Ross
complained that Sean Fitzptrick of Anglo-Irish Bank was not
considered for appointment as head of the Bank of Ireland. Seamus
Healy supported the motion of no confidence in Joan Burton on the
grounds that David Begg was unsuitable for such an appointment
because of his membership of the board of the Central Bank when it
allowed the Irish Financial institutions including the banks as a
whole to borrow 50% of GDP.
.
David Begg Should Withdraw From the Pensions Authority
And Joan Burton should Resig following the conclusions of
the report of The Banking Inquiry
Statement by Seamus Healy TD 087-2802199
The banking inquiry has come down hard against the
regulator and the Central BankRTE NEWS.
Tnaiste Burton should Now Resign
http://www.rte.ie/news/2016/0122/762192-bankinginquiry-report/
The Banking Inquiry has found that both the Financial Regulator and
Central Bank had sufficient powers to intervene in the banking
sector to protect the financial stability of the State, but neither
intervened decisively according to a Report on RTE News. In my
contribution to the recent no confidence debate in the Dil, I said
on the record of the Dil: I believe that Mr. Begg, who signed
off on the financial stability reports of the Central Bank
during those years(2003-2007) is particularly unsuited to
and not qualified for this particular appointment.
Mr. Begg was a member of the board of the Central Bank from 2003
to 2007. This board, including Mr Begg, allowed the financial system

as a whole to borrow 50% of GDP, a level of borrowing that was

hitherto unprecedented according to Former Governor of the Central
Bank, Patrick Honohan.
The board of the Central Bank failed in its primary duty to protect
the value of shares owned by tens of thousands of citizens.
On the basis of the Financial Stability Reports to which David Begg
assented, financial consultants advised pensioners, redundant
workers and those providing for retirement generally to buy shares
in financial institutions including banks in Ireland. These citizens
have lost their life savings.
The Pensions Authority is also tasked with protecting the pension
contributions of citizens.
David Begg was a member of the Board of the Central Bank for
fourteen years.
I believe that anybody who was a member of that board in any of
the years from 2003 to 2007 should be disqualified from any state
authority exercising oversight over financial entities including
pension funds.
Seamus Healy TD 087-2802199
DAVID BEGG GETS THE POST-RETIREMENT JOB (PRJ) FROM
JOAN BURTON
See also elsewhere on this blog: How ICTU Failed Us-For Election
and Re-election of General Secretaries
Motion of NO Confidence in Tnaiste Joan Burton-Speech by
Seamus Healy TD from Dail Record-Jan 19, 2016
Deputy Seamus Healy: I rise in support of this Private Members
motion of no confidence in the Tnaiste. We were promised a
democratic revolution after the last general election. Of course, this
is certainly not the case as we have seen time and again since then.
In the past week, we have seen that cronyism is alive and well and
at the heart of Government and that a get out clause is being
used not just by the Tnaiste but by other Ministers to appoint party
members and cronies to State boards. We were told that we would
have transparency and accountability, a democratic revolution, Dil
reform and appointments to State boards that would be fully
transparent. In the case of Mr. Begg, Ms Mangan and others, we
find that there was no advertising,stateboards.ie and the Public
Appointments Service were not used and there was no short-listing
of candidates. These were personal appointments by the particular
Ministers.
Even if the advertising took place and stateboards.ie and the Public
Appointments Service were used, it would be a smokescreen for
cronyism because we know about the formula this Government is
using in respect of appointments to State boards two for Fine Gael
and one for the Labour Party. We have seen this not just in this
Government but in previous ones. We noticed that Fianna Fil is

criticising the Tnaiste in respect of this. This is like the pot calling
the kettle black. Other speakers have said that coming up to the
last election, Fianna Fil made something like 60 appointments to
State boards.
The appointment of Mr. Begg in particular has raised significant
problems. He had the audacity and gall to suggest that 20,000 was
not a crock of gold. I would have thought that as a former trade
union chief, he would be well aware of the fact that 125,000
workers earn less than 20,000 per year. Surely he would be aware
that a family of two adults and two children on social welfare exist
on less than 20,000 per year. How dare he suggest that 20,000 is
not a crock of gold. It may not be to him but to thousands upon
thousands of part-time workers, low-paid workers and families on
social welfare, it is effectively only an existence.
I believe that Mr. Begg is particularly unsuited to this job as chair of
the Pensions Authority. Mr. Begg was a member of the board of the
Central Bank from 2003 to 2007. This board allowed the financial
system as a whole to borrow 50% of GDP. We are not talking about
individual banks. We are talking about the financial system as a
whole. This board, including Mr. Begg, allowed that system to
borrow 50% of GDP. Nobody called a halt, not even Mr. Begg. That
level of borrowing was ruinous. The recently retired former
Governor of the Central Bank, Professor Patrick Honohan, said that
this level of borrowing was hitherto unprecedented. This level of
borrowing led to austerity, the bust and the devastation of families
across this country. I believe that Mr. Begg, who signed off on the
financial stability reports of the Central Bank during those years, is
particularly unsuited to and not qualified for this particular
appointment.
Broken promises and the breaking and reneging on of commitments
made in the course of a general election have also been part and
parcel of this Government as of previous Governments. The Labour
Party in particular has broken every promise and commitment it
made during the course of the last general election. It was opposed
to water charges but the Minister for the Environment, Community
and Local Government, Deputy Kelly, is implementing water
charges. Does the Tnaiste remember the Tesco advertisement? It
said there would be no cuts to child benefit but there were cuts. The
Department of Social Protection has been devastated by this
Minister. I support the motion.
DAVID BEGG GETS THE POST-RETIREMENT JOB (PRJ) FROM
JOAN BURTON
David Begg has been appointed to the part-time post of head of the
Pensions Authority on 20,000 Euro per year without interview.
The retired ICTU Gen Sec has already taken up a post as full-time
Director of the think tank TASC. The Chairman of TASC is former

Labour MEP, Proinsias de Rossa. One f the Funders of TASC is FEPS,

A european research organisation which describes itself as close to
PES-the consortium of labour and social democratic MEPs at the
European Parliament to which the Irish Labour Party adheres.
Happily, the Tanaiste is on record as having huge respect for him.
Last year when David retired she claimed that the trade union boss
had played a key role in supporting the work of the Labour Party in
ensuring collective bargaining as legislated for by this Government.
She went on to praise him as a relentlessly hard working servant
for the Labour movement.Irish Independent Jan 17
collective bargaining as legislated for by this government includes
the financial Emergency Provisions in the Public Interest
ACT(FEMPI) 2013 which cut pay and pensions of public
servants and imposed penalties on unions if they did not
agree to comply with the related ICTU-GOVERNMENT
agreement. Delegates to the ICTU Biennial Delegate Congress held
in Summer 2015 called for the repeal of the legislation.This motion
was ignored by the ICTU leaders
As I say lower down: Any senior official who rocks the boat on
social partnership or on colluding with austerity governments
hasnt a prayer of this nomination or indeed of any postretirement job (PRJ) such as a rights commissionership, an
industrial relations tribunal membership or nomination to a state
board or quango.
This is the cancer at the heart of capitulatory Irish Trade
Union Officialdom

Despite whistle blowing to Mary Lou by a member of Cetral Bank

Audit Staff-We know we are in good hands!!
John the soft Landing Fitzgerald is on the Audit Subcommittee
Des -Ten years on Fs Board-Geraghty is on the Risk Committeereplacing ICTU Former Gen Sec David Begg (now director of TASC)
on Board now retitled Commission
The new(?) Commision is packed with Irish ELITE Insiders
-just as it was during the boom so we can all rest easy in our bedsnever mind the whistle blower!
The commisioners (formerly directors) have other things in
common.
They have huge powers, particularly to damage the interests of
citizens through lack of vigilance as Irish people know to their cost.
Above all, they have no democratic accountability to anybody
except the Minister. Not alone are citizens unable to remove them,
even the body which originally nominated them cannot remove
them.
In fact there is technically no nomination process. Their names of
some are suggested by interest groups.
Importantly, there has been a leading trade unionist on the board in

recent decades (David Begg for 14 years). The name is suggested

by ICTU which means effectively by the troika- SIPTU, IMPACT,
PSEU.
See also on this Blog How ICTU Failed US
https://wordpress.com/post/paddyhealy.wordpress.com/1024
Any senior official who rocks the boat on social partnership or on
colluding with austerity governments hasnt a prayer of this
nomination or indeed of any post-retirement job (PRJ) such as a
rights commissionership, an industrial relations tribunal membership
or nomination to a state board or quango.
Through this mechanism, virtually all general secretaries are
controlled or pressurised automatically by the trade union troikaSIPTU,IMPACT, PSEU. This system tends to undermine democracy in
individual trade unions
The general membership of the largest civil society
organisation in Ireland-ICTU- has no power to remove the
trade union commissioner.
The commission is safe for the Irish Elite
THE REAL CONCLUSION FROM THE BANKING INQUIRY
Damning Indictment of Irish Elite by Former Deputy Governor of
Central Bank
One can only surmise that, as Professor Alan Ahearne has
said here to your committee, too many people were
benefitting from the boom time for prudence avoidance
measures to have been taken. Dep. Gov.TOM OConnell at
BANKING INQUIRY
Economic and Social Research Institute (ESRI), charged with
advising the government and the citizens on economic matters,
predicted a Soft Landing to the boom. ESRI has high-powered
academic staff including several eminent professors.
Despite requests by me to all Inquiry Team members,the relevant
heads of ESRI were not called before the Inquiry.
This is an important omission because Deputy Governor OConnell
alleges that he was asked to contact then Director of ESRI,Prof
Frances Ruane to express concern about the content of an article
by ESRI researcher(Now Director of ESRI) Prof Alan Barrett which
questioned the situation in banking
Retired Professor John Fitzgerald, appeared in a personal capacity
and agreed that he had made errors
Deputy Governor OConnell
Its sometimes said that nobody seemed to know that a
property boom or bubble was developing. Thats that is
completely incorrect in my view Irelands banking and
economic crash should never have happened, should never have
been allowed to happen, with all the consequences of huge
increases in unemployment, rising emigration, enormous debt,
suicides, etc., that we have seen.-the liquidity pumped out into

the banks was 140 billion, you know, with the both from
the Central Bank and the ECB. I mean, once you spell that
out, thats 140,000 million there are 12 digits in that.
- One can only surmise that, as Professor Alan Ahearne has said
here to your committee, too many people were benefitting
from the boom time for prudence avoidance prudent
avoidance measures to have been taken. Dep. Gov.TOM
OConnell at BANKING INQUIRY
EXTRACT From Evidence of Former Dep. Governor O Connell
Its sometimes said that nobody seemed to know that a
property boom or bubble was developing. Thats that is
completely incorrect in my view. You will recall, for example,
that, in his evidence to your committee here, Peter Nyberg
himself the author of a report on the collapse asserted that it was
obvious that a property-lending mania was afoot. At the
decisionmaking levels in the bank, either people were unaware of
what was happening, despite the clear evidence, or they were
aware and chose to do nothing. Either way, it all seems quite
incomprehensible to me. While the bank, in its public utterances,
presented a low-key assessment of what was happening, that is not
to say that it was not fully aware of the major excesses. While the
bank in its public utterances presented a low-key assessment of
what was happening, that is not to say it was not fully aware of the
major excesses. The annual financial stability reports reviewed
comprehensively what was happening and Patrick Honohans report
acknowledged that the three major excesses were well recognised
in the FSRs, the Financial Stability Reports: there was the huge
increase in bank lending, the concentration of this lending in the
property sector, and the very large reliance on the by the banks
on potentially volatile wholesale funding. The main body of the
stability reports set out extensively how almost all indicators were
pointing massively in the wrong direction. By contrast, the overall
assessment and tone which reflected the views of the two boards
tended to be reassuring talking of a soft landing, and so on. In
fact, I should say that one member of the board did have grave
doubts, to the effect that I can recollect his words still ringing in my
ear, It was all a house of cards and would all end in tears.
However, his views appear not to have had any impact on
policymaking in the bank. Notwithstanding that directors views, it
was probably necessary, in any event, to present such a rather
hopeful overall assessment in public since the Central Bank could
hardly conclude that the banks were about to collapse. However,
whatever the published assessment, the authorities should have
been working assiduously behind the scenes to curb the huge
excesses and reckless lending of the banks egregious risk-taking,
as Patrick Honohan has termed it recently in his speech.
- In fact, what Peter Nyberg, who interviewed me

 the author of the Banking report he kept asking me Why did

nobody do anything? several times Why did nobody do
anything? And I am afraid that the answer has to be that the
authorities simply did not wish to do anything. And actually, Peter
Nyberg also asked me why I did not publish a newspaper article on
the bubble. I said to him that that would have been highly
unorthodox it would be like a civil servant, you know, writing an
article in the newspaper, criticising the minister of financial policy
it just wouldnt be on in any event, I dont think it wouldve had
an effect at a time when the Taoiseach was saying that anyone who
was questioning the sustainability of what was happening should go
and commit suicide. And in fact, you should recollect in the event
when Morgan Kelly Professor Morgan Kelly wrote about the
probability of a crash, he was derided he was literally shouted
down at an economics conference where he was presenting his
paper on the property market. So, you know, people didnt want to
know.- And from the Central Bank side, you know, one
has to ask, How did the Central Bank see the erosion of the banks
deposit base being halted as the Central Bank pumped increasingly
vast amounts of liquidity into the banks to prop them up? In fact,
you may be aware of the fact that the total the maximum
amount or at its peak rather, the amount of liquidity
pumped out into the banks was 140 billion, you know, with
the both from the Central Bank and the ECB. I mean, once
you spell that out, thats 140,000 million there are 12
digits in that. So, you can well understand why the ECB was
jumping up and down when the accommodation provided to Irish
banks was at was at that massive level. As Professor
Honohans report put it, the source of our problems was
homegrown. Those who suggest that Lehmans brought us down are
almost wholly wrong, and are merely seeking an external
scapegoat, not the first time this would have happened in Ireland,
in my view. -In summary, it was crystal clear from about
the turn of the millennium, and even before, Ireland was
experiencing a major property bubble; a world beating one, in
Professor Honohans words. It is not credible that those who ought
to have been aware of what was happening were in the dark. One
can only surmise that, as Professor Alan Ahearne has said
here to your committee, too many people were benefitting
from the boom time for prudence avoidance prudent
avoidance measures to have been taken.

David Begg
Director
David Begg was previously General Secretary of the Irish Congress
of Trade Unions and spent five years as Chief Executive of Concern
Worldwide in the late 1990s. He is currently also on the board of
Barnardos. David Begg has held a number of Public and Private

Sector Non Executive positions including the Boards of Aer Lingus,

The Central Bank and the National Economic and Social Council
(NESC). He was a Governor of the Irish Times Trust from 2001 to
2011, he also served on the Advisory Board of Ireland Aid. He has a
Masters Degree in International Relations from DCU and a PhD in
Sociology from NUI Maynooth
WHY DID DIRECTOR DAVID BEGG(ICTU), (14 years on
Board), STAY SILENT? Read his full evidence to Banking
Inquiry at Link Below
IRISH WORKERS DESERVE A FULL EXPLANATION FROM DAVID
BEGG AND THE ICTU LEADERS
Nov 3,2015 Two Further Damning Indictments Of The
Central Bank by senior staff have now been published on the
Banking Inquiry website
Frank Browne Head of Financial Stability Division, Central Bank
https://inquiries.oireachtas.ie/banking/wpcontent/uploads/2015/10/Frank-Browne-WSW.pdf
Tom OConnellDeputy Governor Central Bank
https://inquiries.oireachtas.ie/banking/wpcontent/uploads/2015/10/Material-Clarification-Tom-OConnell.pdf
(ICTU had professional economic advice available to it in all the
crucial years: Paul Sweeney is the Chief Economist at the Irish
Congress of Trade Unions. He is President of the Statistical and
Social Inquiry Society of Ireland, a member of the National
Competitiveness Council of Ireland, and chair of the Economists
Network at TASC. Paul wrote several books on the Irish economy
and on Irish public enterprise and privatisation, and has also written
many articles on economics and business. He is a graduate of Trinity
College, Dublin.)
When David Begg appeared before the Banking Inquiry, a Labour
Party politician on the inquiry team asked him whether he had got
any training for his role as a member of the board of directors of
the Central Bank. Davids lack of training was then highlighted in
the media
!!!!!!!!!!!
David is now retired as ICTU General secretary and taken up a role
as Head of the Research Body TASC
I find that the explanations given by David Begg in his evidence to
the inquiry are inadequate
Read David Beggs Full Evidence to Inquiry:
https://inquiries.oireachtas.ie/banking/hearings/david-beggformer-general-secretary-ictu-non-executive-director-central-bankcbfsai/
John Dunne Former Director General IBEC & former NonExecutive Director Central Bank & IFSRA was also on the
board of the Central Bank in the crucial years and gave
evidence to the Banking Inquiry
Economic and Social Research Institute (ESRI), charged with

advising the government and the citizens on economic matters,

predicted a Soft Landing to the boom. ESRI has high-powered
academic staff including several eminent professors.
Despite requests by me to all Inquiry Team members,the relevant
heads of ESRI were not called before the Inquiry.
This is an important omission because Deputy Governor OConnell
alleges that he was asked to contact then Director of ESRI,Prof
Frances Ruane to express concern about the content of an article
by ESRI researcher(Now Director of ESRI) Prof Alan Barrett which
questioned the situation in banking
Retired Professor John Fitzgerald, appeared in a personal capacity
and agreed that he had made errors
Deputy Governor OConnell
Its sometimes said that nobody seemed to know that a
property boom or bubble was developing. Thats that is
completely incorrect in my view Irelands banking and
economic crash should never have happened, should never have
been allowed to happen, with all the consequences of huge
increases in unemployment, rising emigration, enormous debt,
suicides, etc., that we have seen.-the liquidity pumped out into
the banks was 140 billion, you know, with the both from
the Central Bank and the ECB. I mean, once you spell that
out, thats 140,000 million there are 12 digits in that.
- One can only surmise that, as Professor Alan Ahearne has said
here to your committee, too many people were benefitting
from the boom time for prudence avoidance prudent
avoidance measures to have been taken. Dep. Gov.TOM
OConnell at BANKING INQUIRY
FULL TRANSCRIPT
https://inquiries.oireachtas.ie/banking/wpcontent/uploads/2015/06/10062015_OConnell_vol1.pdf
EXTRACT From Evidence of Former Dep. Governor O Connell
Its sometimes said that nobody seemed to know that a
property boom or bubble was developing. Thats that is
completely incorrect in my view. You will recall, for example,
that, in his evidence to your committee here, Peter Nyberg
himself the author of a report on the collapse asserted that it was
obvious that a property-lending mania was afoot. At the
decisionmaking levels in the bank, either people were unaware of
what was happening, despite the clear evidence, or they were
aware and chose to do nothing. Either way, it all seems quite
incomprehensible to me. While the bank, in its public utterances,
presented a low-key assessment of what was happening, that is not
to say that it was not fully aware of the major excesses. While the
bank in its public utterances presented a low-key assessment of
what was happening, that is not to say it was not fully aware of the
major excesses. The annual financial stability reports reviewed

comprehensively what was happening and Patrick Honohans report

acknowledged that the three major excesses were well recognised
in the FSRs, the Financial Stability Reports: there was the huge
increase in bank lending, the concentration of this lending in the
property sector, and the very large reliance on the by the banks
on potentially volatile wholesale funding. The main body of the
stability reports set out extensively how almost all indicators were
pointing massively in the wrong direction. By contrast, the overall
assessment and tone which reflected the views of the two boards
tended to be reassuring talking of a soft landing, and so on. In
fact, I should say that one member of the board did have grave
doubts, to the effect that I can recollect his words still ringing in my
ear, It was all a house of cards and would all end in tears.
However, his views appear not to have had any impact on
policymaking in the bank. Notwithstanding that directors views, it
was probably necessary, in any event, to present such a rather
hopeful overall assessment in public since the Central Bank could
hardly conclude that the banks were about to collapse. However,
whatever the published assessment, the authorities should have
been working assiduously behind the scenes to curb the huge
excesses and reckless lending of the banks egregious risk-taking,
as Patrick Honohan has termed it recently in his speech.
- In fact, what Peter Nyberg, who interviewed me
the author of the Banking report he kept asking me Why did
nobody do anything? several times Why did nobody do
anything? And I am afraid that the answer has to be that the
authorities simply did not wish to do anything. And actually, Peter
Nyberg also asked me why I did not publish a newspaper article on
the bubble. I said to him that that would have been highly
unorthodox it would be like a civil servant, you know, writing an
article in the newspaper, criticising the minister of financial policy
it just wouldnt be on in any event, I dont think it wouldve had
an effect at a time when the Taoiseach was saying that anyone who
was questioning the sustainability of what was happening should go
and commit suicide. And in fact, you should recollect in the event
when Morgan Kelly Professor Morgan Kelly wrote about the
probability of a crash, he was derided he was literally shouted
down at an economics conference where he was presenting his
paper on the property market. So, you know, people didnt want to
know.- And from the Central Bank side, you know, one
has to ask, How did the Central Bank see the erosion of the banks
deposit base being halted as the Central Bank pumped increasingly
vast amounts of liquidity into the banks to prop them up? In fact,
you may be aware of the fact that the total the maximum
amount or at its peak rather, the amount of liquidity
pumped out into the banks was 140 billion, you know, with
the both from the Central Bank and the ECB. I mean, once

you spell that out, thats 140,000 million there are 12

digits in that. So, you can well understand why the ECB was
jumping up and down when the accommodation provided to Irish
banks was at was at that massive level. As Professor
Honohans report put it, the source of our problems was
homegrown. Those who suggest that Lehmans brought us down are
almost wholly wrong, and are merely seeking an external
scapegoat, not the first time this would have happened in Ireland,
in my view. -In summary, it was crystal clear from about
the turn of the millennium, and even before, Ireland was
experiencing a major property bubble; a world beating one, in
Professor Honohans words. It is not credible that those who ought
to have been aware of what was happening were in the dark. One
can only surmise that, as Professor Alan Ahearne has said
here to your committee, too many people were benefitting
from the boom time for prudence avoidance prudent
avoidance measures to have been taken.
Chairman: Ill Ill give you two examples there. Itll come
up on the screen at the moment, you say, when around
2005, Alan Barrett had expressed a view in an ESRI
Quarterly Economic Commentary that the banks were in a
rather fragile state, I was instructed to request the Director
of the ESRI to ensure that such comments were not
published in future. You then go on say, In the 2007
Financial Stability Report [that we just discussed], a
deliberate decision was taken to delete the conclusions of a
research study updating the extent of the overvaluation of
Irish property services. So, going back to you again, can
you provide further information on this as to how the
request was made to you and how, how these and how did
you follow through on the request with regard to these
matters? Mr. Tom OConnell: Yes. Well, in relation to the Alan
Barrett comment, which was at I think it happened at the
launch of the ESRI quarterly commentary, and I think the
reference to the fragility of the banks was actually in the
quarterly commentary, I was, I was asked by somebody
senior to me in the bank to ring Frances Ruane in the ESRI,
which I duly did, and asked that, you know, those references
should not arise in the future. Now to some degree thats
understandable, you know. If the leading research institute
is commenting on the possibility of the banks collapsing, I
mean, its one thing to try to sort of cool down those
comments but I would argue that behind the scenes,
something should be done to prevent that happening and
that really wasnt happening at that time.

Chairman

Ill Ill give you two examples there. Itll come up on the screen at
the moment, you say, when around 2005, Alan Barrett had
expressed a view in an ESRI Quarterly Economic Commentary that
the banks were in a rather fragile state, I was instructed to request
the Director of the ESRI to ensure that such comments were not
published in future. You then go on say, In the 2007 Financial
Stability Report [that we just discussed], a deliberate decision was
taken to delete the conclusions of a research study updating the
extent of the overvaluation of Irish property services. So, going
back to you again, can you provide further information on this as to
how the request was made to you and how, how these and how
did you follow through on the request with regard to these matters?
Mr. Tom OConnell
Yes. Well, in relation to the Alan Barrett comment, which was at I
think it happened at the launch of the ESRI quarterly commentary,
and I think the reference to the fragility of the banks was actually in
the quarterly commentary, I was, I was asked by somebody senior
to me in the bank to ring Frances Ruane in the ESRI, which I duly
did, and asked that, you know, those references should not arise in
the future. Now to some degree thats understandable, you know. If
the leading research institute is commenting on the possibility of
the banks collapsing, I mean, its one thing to try to sort of cool
down those comments but I would argue that behind the scenes,
something should be done to prevent that happening and that really
wasnt happening at that time.
Senator Sean D. Barrett
The phone call to the ESRI about the Alan Barrett article. Soon
afterwards, as you know, all the independent articles were dropped
from the quarterly economic commentary, it just became an inhouse ESRI thing. Were those events connected? Was the ESRI
worried that it was annoying the Central Bank?
Mr. Tom OConnell
I, I dont know whether it was a coincidence or not but, I mean, as
far as my recollection goes, I think the, the comment by Alan
Barrett was probably was in the commentary itself. You know, it
wasnt a special article on the banking sector. And Morgan Kelly had
an article subsequent well, was it subsequent? Yes, I think it was
subsequent, actually, to it. So, I, I wasnt fully aware that the
independent articles had been taken out. I mean, it might depend
on people who were offering articles to the ESRI to put in in their
quarterly commentary.

David Begg(ICTU) assented to all the Financial Stability Reports

mentioned below
ICTU had professional economic advisers on its staff
Nov 7, 2015

Central Bank cut property bubble

warning from report
Fiach Kelly
Irish Times, Saturday, November 7, 2015, 01:02
Former Central Bank director general Liam Barron decided to
exclude warnings about the overvaluation of property from a 2007
financial stability report, the Oireachtas banking inquiry has been
told.
Thomas OConnell, who was assistant general director of the banks
economic division and chief economist from 2005 to 2010, made
the claim about Mr Barron in a clarification statement to the inquiry.
He previously provided oral evidence to the committee, which
examined the States financial collapse, in June.
In his oral evidence, Mr OConnell said the Central Bank had to pull
its punches in relation to concerns about the economy despite
indications of great difficulty ahead.
He further claimed it was his opinion as early as 2001 that things
were going crazy and a massive property bubble had developed.
Financial stability reports, however, tended to include reassuring
summaries that did not correlate with their data, he added.
In his clarification statement, Mr OConnell, who joined the Central
Bank in 1970 as an economist, says the three most senior people in
the bank had the final say in amending the stability report before
it was sent to the board.
The most active of the three in this regard would have been Liam
Barron, the director general and chair of the financial stability
committee.
It adds that there were major concerns in the economics area of
the bank with the continuing rise in property prices, and therefore
there was a need to try to assess to what extent property prices
were overvalued.
Overvaluation
Mr OConnell says that as far as he is aware, no consideration was
given to remove the overvaluation estimates.
They were arbitrarily excluded, he says, presumably on the
grounds that, as property prices continued to escalate to
unsustainable levels, the publication of large overvaluation
estimates could lead to the bubble bursting.
He then adds: Liam Barron decided to exclude the overvaluation
estimates from the 2007 FSR.
While Mr Barron gave his own written statement to the inquiry
which dealt with the evidence given by Mr OConnell, it is
understood he submitted it without sight of Mr OConnells
subsequent clarification statement.
It also says that,Frank Browne, the Central Banks head of financial
stability from 2003-2010, was responsible for co-ordinating or

putting together the draft financial stability report.

In keeping with the hierarchical nature of the bank, the
amendments proposed by the top three executives in the bank
would be incorporated into that draft before submitting it to the
board.
Mr Browne also submitted a statement to the banking inquiry in
which he said the Central Bank misled the public about the frail
state of Irelands financial system in the run-up to the crash.
He also told the inquiry that warnings issued by his team as far
back as 2004 were ignored by the banks senior management.
The thrust of his 90-page statement was rejected outright by
former bank governor John Hurley and other senior Central Bank
figures from that time.
Warnings on the property bubble were not taken lightly, Mr Hurley
insisted.
2015 irishtimes.com
UPDATE MAY 29
Neary Blames Central Bank (Gov Hurley, David Begg ICTU,
John Dunne IBEC et al.) at Inquiry
Patrick Neary Was CEO of the Financial Services Regulatory
Authority.He sat on the Board of the Central Bank with David Begg,
John Dunne and others. He also had regular meetings with the
central Bank. David Begg has sought to evade responsibility for the
grossly irresponsible activity of banks by pointing out that he was
not a member of the Irish Financial Services Regulatory Authority
which was set up as a distinct entity in 2003. This body was tasked
with ensuring that individual banks operated in line with regulations.
However the Central Bank retained responsibility for the covered
banks and financial system as a whole. Their task was to ensure
that the banks as a whole did not borrow and lend money to such
an extent as to endanger financial stability of the country. The
Annual Report on which John Dunne and David Begg signed
off each year is entitled Financial Stability Report (FSR)
Proceedings of Inquiry-Extract
https://inquiries.oireachtas.ie/banking/hearings/patrick-nearyformer-ceo-irish-financial-services-regulatory-authority/
Senator Michael DArcy
Can I ask, Mr. Neary, in relation to the FSR reports, you participated
in the FSR reports?
Mr. Patrick Neary
Yes, the FSR reports were driven by the economists in the Central
Bank. I mean, we didnt
Senator Michael DArcy
You participated?
Mr. Patrick Neary
I did. I participated in the discussions, some of the discussions at
the preparatory phase on the financial stability committee(of Central

Bank). And also as a member of the authority we used to have a

joint meeting with the board of the Central Bank to discuss
the content of the FSRs.
Senator Michael DArcy
Yes, I want to raise the issue of personal indebtedness within
banking. In 1995, the percentage of personal indebtedness to the
GDP of the nation was 71%; in 2006, it was 192%, according to the
FSR reports; in 2007, the predicted figure, according to the FSR
report, was 248% of GNP. The original figures I quoted were GDP.
What was going to be the outcome, Mr. Neary, when a downturn
came, for people when they were indebted to that extent? When a
downturn was going to occur, how were people going to be able to
pay their bills? (The Central Bank Had allowed unprecedented
borrowing of 50% of GDP by Irish Banks and Financial Institutions
between 2003 and 2008 which funded this lending-Evidence of
current Governor Honahan to Inquiry)
Mr. Patrick Neary
Im not an economist, and thats not a defence, and, you know, it
certainly would suggest to me that it raises a question about
people able to meet their indebtedness, in general, but bank loans
are, you know, done on an individual basis, and if we are talking
about peoples ability to service their, their commitments for
residential mortgages and that, youre looking at them on an
individual basis. I mean, this would be a sign. I would expect that
people who are, you know, trained and proficient in, in
assessing, you know, economic threats would have raised an
alarm about, but in some strange way, this transmitted into
a message from the Central Bank that, notwithstanding all of
these issues, that we were going to have a SOFT LANDING.
UPDATE MAY 22
Governor Hurley Admits Failure of Central Bank From 2003
to 2008 at Banking Inquiry
Begg Denial of Responsibility Undermined at Hearing
David Begg ICTU was a senior member of the Board of the
Central Bank throughout this period
But where Hurley was less confident and assured was on the failure
of the Central Bank to properly see the crisis develop from 2005
onwards. We did not see the crisis coming we should have
escalated our warnings at the time, he was forced to concede
Irish Independent May 22.
He agreed that the major responsibility of central bank was to
maintain financial stability of the financial system as a whole.
Governor Hurley was also forced to admit that the Central Bank had
legal powers to give legally binding policy guidance to the Regulator
but did not do so. He said repeatedlyThat would not be done
we would not do that
It is accepted by all at the Inquiry that the banks were allowed to

borrow 50% of GDP between 2003 and 2008 (hitherto

unprecedented-Gov Honohan) ad the indebtedness of Irish
individuals and businesses was allowed to reach gargantuan
proportions by irresponsible bank lending.
The Central Bank failed to protect financial stability
It was the unprecedented borrowing and lending which made the
banks and the state particularly vulnerable to the financial crisis
abroad including the fall out from the collapse of Lehmans in the
USA
The proceedings at the inquiry yesterday totally undermined the
contention of David Begg (ICTU) that he had no responsibility for
the banking crisis because he was not a member of the board of the
Financial Regulator.
At one stage an official document was read to Gov Hurley which
showed that a draft Central Bank Financial Stability Report
had been altered. It was put to him that in formulating the reports
he had to be concerned with Irelands standing abroad, international
investment in Ireland etc. He replied to the effect that of course
one must exercise due care but added: OF COURSE YOU CANT
FRIGHTEN THE HORSES
Was this the real story? Due to the virtually total dependence of the
country on international financial and industrial investment due to
the policies of successive governments, IRELAND HAS NOT
SUFFICIENT SOVEREIGNTY TO REGULATE ITS OWN BANKS
AND FINANCIAL INSTITUTIONS.
Was this the real story? Due to the virtually total dependence of the
country on international financial and industrial investment due to
the policies of successive governments, IRELAND HAS NOT
SUFFICIENT SOVEREIGNTY TO SATISFACTORILY REGULATE
ITS OWN BANKS AND FINANCIAL INSTITUTIONS.
Lack of knowledge, information, division of responsibility, is
just All a Cod when everyone new that a modest terraced
corporation house in Dublin was on sale for half a million
Euro
In fact Professor John Fitzgerald said exactly this at an
earlier hearing when explaining that he had no excuse for his
Soft Landing ESRI Reports during the boom!!!

UPDATE JUNE 2 Afternoon

Paddy Healy on Liveline to-day
http://www.rte.ie/radio/utils/radioplayer/rteradioweb.html#!
rii=9%3A20790350%3A0%3A%3A
UPDATE June 2
ALAN DUKES On RTE
It has been alleged that a company owned by Denis OBrien has got
loans from IBRC at unusually low interest rates. Crucially, Alan

Dukes Head of IBRC in 2011 did not deny this on RTE yesterday. He
denied that the interest rate on loans depended the size of the loan
or who the person was. This ,of course, is not the same thing. He
said that level of risk is a factor. It would be a major scandal if it
emerged that super-rich individuals and companies with low risk
of non repayment, unlike credit unions, were getting low interest
arrangements from the Government through IBRC, while
government through its ownership of AIB and Permanent TSB was
fleecing home owners and small businesses on variable rate interest
mortgages and loans.
The state is paying 8 billion in interest on c. 200 billion of debt or c.
4% interest each year. Is it lending to the Super-rich at 1% to 2%
Could Alan DUKES and Michael Noonan please clarify?
UPDATE June 1
Catherine Murphy Note:Alan Dukes,IBRC, on Morning
Ireland, RTE seemed to imply that the risk of an individual or of
company being unable to fully repay a loan was a major factor in
setting the interest rate!!!
Did he mean that a super wealthy individual would get a lower
interest rate than a person in negative equity, all other things being
equal?
Surely the reverse should be the case, particularly from a Bank
owned by the state !!!!!
Is the regulator involved in these decisions? Is the owner of the
bank, Minister Michael Noonan involved?
IBRC, Minister Noonan, please clarify Mr Dukes remarks.
Update May 21
Begg (ICTU) and John Dunne( IBEC) Called Before Banking
Inquiry Yesterday Afternoon
My Year Long Campaign Has succeeded
Thanks to all
supporters
Notification Date
Appearance Date
Begg, David Central Bank/ICTU
20/05/2015
TBC
Dunne, John IBEC
20/05/2015
TBC
Update May 20
John Hurley, Former Governor Of The Central Bank, will
appear before Banking Inquiry tomorrow.
During his term of Office the banks as a whole were allowed to
borrow an additional 50% of GDP between 3003 and 2008. David
Begg (ICTU Gen SEC) and John Dunne (IBEC) were members of the
Board. In the opinions of Governor Honohan and Prof John
Fitzgerald (ESRI Retd.) this is the period when the real damage was
done to the financial system. Does Hurley Agree? Will David Begg
(ICTU and now Director of Tasc???) be called to explain his role?
Will government and particularly Labour Party Reps on Inquiry

protect him from accountbility?

Update May 14
Begg (ICTU) and Dunne (IBEC) have not yet been Called
before Banking Inquiry. WHY?
Is it because ICTU and IBEC support Austerity Policies of FG/Lab
Government?
The selection of those to be called before the Banking Inquiry is of
vital importance. Government may attempt to prevent David Begg
ICTU and John Dunne IBEC being called because of their support for
government policies though they were both members of the board
of the Central Bank in the crucial years.
David Begg has sought to evade responsibility for the grossly
irresponsible activity of banks by pointing out that he was not a
member of the Irish Financial Services Regulatory Authority which
was set up as a distinct entity in 2003. This body was tasked with
ensuring that individual banks operated in line with regulations.
However the Central Bank retained responsibility for the covered
banks and financial system as a whole. Their task was to ensure
that the banks as a whole did not borrow and lend money to such
an extent as to endanger financial stability of the country. The
Annual Report on which John Dunne and David Begg signed
off each year is entitled Financial Stability Report
As can be seen from below the Central Bank grossly failed in its
duty. David Begg was one of the most senior members of the board
of the central bank when the covered banks borrowed 10% of GDP
per year or 50% of GDP overall between 2003 and 2008
Did David Begg oppose this? Did he report it to executive Council of
ICTU? Did ICTU oppose it?
If he did and was over-ruled, why did he not resign and bring the
matter to public attention?
Stability reports would have been put before each meeting of the
Central Bank attended by Begg. Financial Stability was the principal
purpose of the Central Bank. A Financial Stability Report is issued
each year to the public. As can be seen below, the official Report,
issued in 2007, was grossly incorrect. All members of the Board of
the Central Bank, including Begg, signed off on it!
Note: The Central Bank administered stress tests to the covered
banks in 2007-months before the crash. The banks passed the tests
Both Patrick Honohan and even John Fitzgeral are now stressing
that the excessive borrowing of the financial system as a whole was
the major at the rootof the bank bust and financial melt-down
David Begg, General Secretary of ICTU, was on the board of
the Central Bank for 14 years up to mid-2010.
YESTERDAY SEPT 18,2014 he announced that he will retire next
March as General Secretary of ICTU. Will he be called before the
Banking Inquiry? He has much to explain to the Irish people
Before he became governor of the Central Bank, Professor Honohan

in Economic and Social Review (Summer 2009) said:Irish banking

system had been, in effect, on a life-support system since
September 2008.-.Complacency resulted in the banks fuelling the
late stage of an obvious construction bubble with massive foreign
borrowing, leaving them exposed to solvency and liquidity risks
which in past times would have been inconceivableAt the end of
2003, net indebtedness of Irish banks to the rest of the
world was just 10 per cent of GDP. By early 2008 that had
jumped to over 60 per cent
The borrowing of 50% of Gross Domestic Product over 5
years by the covered banks is precisely what the Central
Bank is tasked to prevent-grossly irresponsible borrowing
which threatens financial stability.
As a result countless thousands have lost their jobs and
savage austerity has been visited on the population including
pay and pension cuts.
David Begg owes an explanation to Irish trade unionists
who pay dues to their trade unions who contribute to ICTU
which pays the general secretaries wages as general
secretary of ICTU.
In 2007 the Central Bank stress tested the covered banks
just months before the crash. The Banks passed the tests.
The Directors of the bank were representative of the elite of
Irish Society:
David Begg, Secretary General, ICTU. He was chair of its Audit and
Risk Management Committee, which was tasked to advise on risk
management policies
John Dunne was formerly Director General of IBEC
Dr Brian Hillery, former chairman of Independent News & Media
Dermot OBrien was the Chief Economist with NCB Stockbrokers,
having worked with them from 1987 2007
Tony Grimes is Director General of the Central Bank and Financial
Services Authority having spent most of his career with the Bank.
Prior to that he worked in the ESRI and Davy Stockbrokers.
Jim Farrell has extensive experience of international banking. He
has held senior positions with the National Treasury Management
Agency
Gerard Danaher is a barrister, closely linked to Fianna Fail.
David Doyle (Then secretary general of the Department of
Finance),
Mr Alan Gray, the Managing Partner of the Indecon Economic
Consulting Group,
Patrick Neary was appointed to the position of Prudential Director
of the Financial Regulator in 2003. His responsibilities included the
protection of consumers deposits, funds and policies. He was
previously Head of Securities and Exchanges Supervision and
Deputy Head of Banking Supervision in the Central Bank, where he

began his career in 1971. He is a fellow of the Chartered Association

of Certified Accountants (FCCA).
Deirdre Purcell former journalist and Actor. In 2003, Charlie
McCreevy appointed Purcell to the Central Banks board. She was on
its Audit and Risk Management Committee, which was tasked to
advise on risk management policies
The Governor was John Hurley, former Sec general of
Department of Finance, and career civil servant
The Central Bank Report (2007) contained the following
statements :
The Irish financial sector was, of course, impacted like all
others by these global developments. Medium- to long-term
funding was not as readily available on wholesale markets
as had been the case. However, Irish banks have negligible
exposure to the sub-prime sector and they remain relatively
healthy by the standard measures of capital , profitability
and asset quality. This has been
confirmed by the stress testing exercises we have carried
out with the banks.

Turning to the Banks own activities, a strong focus on

financial market issues was the dominant feature in the
second half of the year. The institutional arrangements we
have in place, where the Central Bank and Financial
Regulator operate within the one single organisational
structure, enabled us to meet the challenges we faced.
(Central Bank Report 2007 Governor John Hurley)
Financial Stability Report 2007 Bank of Ireland
http://www.centralbank.ie/publications/documents/1.%20
financial%20stability%20report%202007%20-%20part
%201.pdf
All those who were members of the governing board of the Central
Bank should explain how this occurred.
Trade unionists have a particular interest in hearing an explanation
from the General Secretary of ICTU, David Begg who was a member
of the Board and Chair of the Audit and Risk Management
Committee of the Central Bank at the time.
As a result of the activities of privately owned banks supervised by
the Central Bank, countless thousands have become unemployed,
have been forced to emigrate,and have pay and pensions cut.

Damning files reveal Central Banks role in

7bn banking fraud

BY TOM LYONS JUNE 19, 2016

State had intimate knowledge that the two banks were

helping each other out
Official files and secret notes reveal that a 7 billion fraud that led
to the criminal conviction of three bankers earlier this month was
potentially based on encouragement from the Central Bank, The
Sunday Business Post can reveal.
The secret documents reveal how the state had intimate knowledge
that the two banks were helping each other out during the financial
crisis in order to make their balance sheets appear stronger to
investors and the stock market.

http://www.businesspost.ie
/damning-files-revealcentral-banks-role-in-e7bnbanking-fraud/
Anglo Irish Bank Corporation Act 2009 provide that the Minister for
Finance shall appoint an Assessor at an appropriate time having
regard to the public interest. The job of the Assessor is to
independently determine the fair and reasonable aggregate value, if
any, of the transferred shares and extinguished rights and the
consequent amount of compensation, if any, that may be payable to

persons in respect of Anglo Irish Bank shares transferred and rights

extinguished under the Act. Since the liquidation of IBRC in
February 2013, there has been no timeframe set for the
appointment of an Assessor.
An update on the liquidation of IBRC can be found at

Progress update report

27 May

2016
update on the liquidation of IBRC

http://www.finance.gov.ie/s
ites/default/files/Progress
%20update
%20report_31%20Dec
%202015_0.pdf

GOVERNMENT ALLOWS OVERCHARGING

by BANKS!!

In November 2015, the interest rate in Ireland on loans of up to

0.25 million was more than 80 per cent above the euro area
average rate for new business; the rate on loans of up to 1 million
was more than 60 per cent more expensive in Ireland.

Central Bank Feb 15, 2016

According a survey of interest rates published by the Central Bank,

variable rate new housing loans averaged 4.13%
Typical Eurozone mortgage rates are 2.1%-roughly half the Irish
rate.
-

Update Feb 15, 2016

Mortgage Holders and Small Businesses Being Ripped Off By

Government.

A deliberate Government Policy is ripping off Irish Mortgage

Holders and Small Businesses.
Statement by Seamus Healy TD
According a survey of interest rates published by the Central Bank,
variable rate new housing loans averaged 4.13%
Typical Eurozone mortgage rates are 2.1%-roughly half the Irish
rate.
And interest rates for small businesses have come down everywhere
in Europe except Ireland, according to retired governor of the
Central Bank, Patrick Honohan .
The excuse given by Government and Central Bank is that they
cant intervene in the market
This is pure deception.
They are intervening in the market with the effect of keeping rates
artificially high! There is effectively no competition in the Irish
Market
Fine Gael Finance Minister Michael Noonan has designated Bank of
Ireland(BoI) and Allied Irish Bank (AIB) as Pillar Banks. This
means that they cannot be allowed to fail and will be subsidised or
bailed out again by government if necessary. This has frightened off
foreign competition-Danske Bank and Bank of Scotland have
already left.
This allows AIB, BoI and Permanent TSB to run a cosy cartel at the
expense of householders and small businesses.
The Government is the owner of AIB, Permanent TSB and EBS as it
holds the vast majority of the shares. It can call special general
meetings of shareholders at any time and it can instruct the banks
to lower the rates. All other banks would then have to lower their
rates to stay in business
But the government will not do this. Instead it hypocritically calls in
the banks from time to time to express its concern at the high
rates.
The high interest rates are, in effect, a penal tax imposed by the
government on householders and small businesses.
The balance sheets of the banks are being repaired by this tax. The
banks are being fattened up for privatisation. When sold off the
money will be used to pay back loans borrowed to bail out huge
investors in the banks before they crashed.
There will be no compensation by government for small investors
such as investors of pension and redundancy lump sums who were
wiped out in the crash of bank shares.
Labour and Fine Gael are deliberately running this scam on the
public. Fianna Fil are just moaning about it rather than exposing
this huge scandal.

Candidates of these parties should be forced to explain and to

commit to ending the scam
THIS INJUSTICE TO MORTGAGE HOLDERS AND SMALL BUSINESSES
MUST END.
Seamus Healy TD
Tel: 087 2802199
15/2/2016
UPDATE APRIL 13
FG-Lab government allowing banks an even greater rip-off-and now
sending a water bill as well!!!

Banks expand profit margin on

lending
Cliff Taylor, Irish Times, April 10
The profit margin banks take between the lending rates they charge
households and the deposit rates they pay to savers has grown to
3.5 per cent, up from 1 per cent in 2012, according to new Central
Bank figures.
Deposit rates have fallen along with European Central Bank rates,
but interest rates charged on mortgages and consumer loans have
remained high.
Update April 12
If I was a borrower in any other Eurozone country, I would be
paying as much as 400 less per month, with an interest rate of
approximately 2.3pc. The our blended cost of funds is too high
stock answer from the banks is simply not good enough. Irish SVR
customers are being completely ripped off. It is immoral and
unacceptable.-Sara Hogan PTSB Variable Mortgage Holder, Sunday
Independent, April 12
UPDATE APRIL 11
New Central Bank Figures published Today Show:
NEW MORTGAGE INTEREST RATES ARE ALSO DOUBLE THE
EUROZONE AVERAGE
Minister Noonan and government are responsible
The AGM of AIB is to take place shortly. As Government holds over
90% of the shares, Noonan can refuse to sanction continued
overcharging of all variable mortgage holders both new and
existing. He can sack the board of directors and elect a board that
will reduce rates. But he will do neither because government want
mortgage holders to complete the bank bail-out
Good detailed report in Irish Independent to-day on new Central
Bank figures
http://www.independent.ie/business/irish/cost-of-mortgages-risesas-we-pay-twice-eurozone-average-in-interest-31134110.html
Update April 10
Primetime/RTe News cover up Government Responsibility

for Exorbitant Mortgage Rates and Decisions of Permanent

TSB AGM held on Tuesday last.
I was naively hoping for an expos of Government responsibility for
the decision of the Permanent TSB AGM to continue exorbitant
variable interest rates at double the average eurozone rate when I
sat down to watch the Primetime programme las night. Silly me!
The programme concentrated on the unfair decision of the bank to
penalise existing variable rate customers. There was no reference to
government responsibility.
In previous days RTE News avoided all attribution of PTSB AGM
decisions to the holder of 99.2% of the shares-Minister for Finance
Michael Noonan. The CEO was quoted as saying that Government
doesnt interfere in commercial decisions The bulletin failed to
point out that o decision can be taken or fail to be taken without the
consent of the 99.2% shareholder!
In fairness, Independent Newspapers has fully allocated
responsibility to Michael Noonan for the PTSB decisions. The true
position is set out below.
Permanent TSB AGM: Noonan Refuses to Lower Variable
Mortgage Rates
The AGM of PTSB was held yesterday. The state owns 99.2% of the
shares in PTSB. Minister Noonan could have introduced a motion to
lower variable rates, which at 4.5% are more than double the
eurozone norm. He didnt. He could have sacked the entire board of
directors and put a new board in place with an instruction to reduce
rates. He didnt. Instead he approved the annual report which kept
the rip-off rates in place and reappointed the existing board.
Noonan says he is waiting for research from the central bank
before calling in chief executives of banks on the matter. This is just
spoof to cover up the continued crucifixion of borrowers by the
FG/Lab government
At the AGM, Noonans representatives approve a plan to sell off a
chunk of the states shareholding in PTSB for over 500 million,
reducing the state holding to just over 50%.
This money will then be used to pay back money borrowed to fully
compensate the billionaire investors (bond holders) who had
approved policies which broke the bank.
Thus variable mortgage holders will continue to pay exorbitant rates
to pay for the bank bail-out
When the restored bank is fully sold off to billionaire investors, they
will then make profits on the backs of the Irish people until there is
another bust. Then the citizenry will be asked to rescue them as
before. So they have a risk free investment, a one way bet..as
long as any of the TROIKA parties FF, FG, Lab retain a veto on
legislation by being part of a coalition government even as the
minority party!!!

Update April 6
GOVERNMENT FACILITATES CARTEL TO KEEP UP MORTGAGE
RATES
Minister Noonan as holder of over 90% share in AIB can remove all
directors at AGM in 3 weeks time unless AIB has reduced variable
mortgage rates. But he is unlikely to do that. He has designated
AIB and BoI as pillar banks. This has frightened off outside
competition and Danske and Bank of Scotland has left. BoI and
state owned AIB and Permanent TSB form a cosy cartel imposing
rip-off rates. This situation has been facilitated by FG/Lab
government in order to make variable mortgage holders and
indebted small businesses to complete the bail out banks. Noonan
could call a special AGM of state owned Permanent TSB and repeat
the AIB exercise. Were AIB and Permanent TSB forced to reduce
rates, all others would have to follow to avoid switching.
BUT INSTEAD OF DOING THE ABOVE NOONAN IS SPOOFING
ABOUT RESEARCH BY CENTRAL BANK. SHAME ON LABOUR
FOR ALLOWING IT! SHAME ON ICTU FOR ALLOWING IT!
WHAT IS SIPTU DES GERAGHTY DOING ON THE BOARD OF
THE CENTRAL BANK?
Despit his abysmal record on banks during the boom, Shane Ross is
good on this in Sunday Independent yesterday. Click Below:
http://www.independent.ie/opinion/columnists/shane-ross/noonancould-help-variable-victims-but-he-wont-31118314.html
Update April 3
Fianna Fil through the blanket bank guarantee forced the Irish
people to bail-out the wealthy billionaires who owned the banks. It
is sometmes forgotten that the blanket did not extend to those,
including pensioners and redundant workers, who were advised to
invest their lump sums in bank shares.
By continuing the FF measures and by allowing allowing banks to
overcharge variable mortgage holders and small businesses for
loans, Labour and Fine Gael are now forcing the public to pay for
the bank bust.
However FF are now in opposition and are free to criticise FG and
Lab on the rip-off interest rates.
All three Troika parties- FF, FG and Labour are responsible for
ripping off the public and imposing austerity on the general
citizenry.
Meanwhile the top 10,000 income tax payers continue to receive
595,000 per year each and the financial assets of the rich are now
back above peak boom levels. (See Irish Super-Rich Awash with
Money on this blog)
And the public will be paying twice for water and twice for local
services through the property tax to pay for the bank bail-out as
well-and thats not all!
The state is now paying 8 billion per year in interest on money

borrowed to bail out billionaire bond-holders and to pay for the

huge increase in unemployment and other costs caused by the bank
bust
However Michael McGrath, FF Finace Spokesperson, neatly summed
up the variable mortgage rip-off in an opinion piece in the Irish
Independent to-day:
Variable rate customers are typically paying 4-4.5pc on their
mortgage.
The rates on sub-prime and buy-to-let loans are higher again.
The average rate in the euro area on new home loans is 2.3pc. The
cost of funds for the banks(the rate of interest the bank pays to
institutions which supply them with money to lend to the public-PH)
in Ireland has fallen to between 1pc and 2pc.
Many variable rate customers are paying hundreds of euro extra
each month because of excessive rates.
In simple terms, a 1pc difference in the interest rate on a 200,000
mortgage means an additional interest bill of 2,000 in a year.
People paying the marginal rate of tax need to earn 4,000 to come
up with that money.
Update April 2
Following their meeting yesterday, Minister Noonan and the Central
Bank announced that the CB will carry out research to find out why
variable rates are so high This is just spoof to buy time until the
controversy dies down.
NO RESEARCH IS NEEDED TO CONCLUDE THAT THE BANKS
WANT TO RAKE IN SUPER-PROFITS BY RIPPING OFF
MORTGAGE HOLDERS
Government and Central Bank are just pretending that they have no
power to lower rates.
For one thing the Government owns AIB and Permanent TSB and
like any trader they can reduce prices if they wish. Competition
would then force other banks to follow suit.
From Irish Independent to-day-Govt and Central Bank can
Reduce Rates
Consumer advocate Brendan Burgess of ASKABOUTMONEY.COM
said it was not correct of the Government and the Central Bank to
say they can do nothing about high rates.
If the banks refuse to lower their variable rates, the Government
should bring in powers to regulate rates, on the basis that it is an
uncompetitive market.
Mr Burgess said the discriminatory treatment of existing variable
mortgage holders, compared with tracker holders and new buyers
on introductory deals, must end.
He said this was a clear breach of the Central Banks Consumer
Protection Code. The code demands banks treat all their customers
equitably.

Update April 2
Seamus Healy TD-Minister Kelly can bring in laws to take water
charges from pay, pensions and other payments. But the
government is refusing to make laws to end the 1 billion per year
rip-off of variable mortgage holders by banks. Shame on Labour!
Noonan is meeting the Governor of the Central Bank today on the
matter. He is just trying to pass the buck! In the Dil, last night, he
said the answer was to get new banks in to the system to increase
competition!
Irish variable mortgage holders are being forced to pay for a second
bail-out of the the Banks including private banks such as ULSTER
and Bank of Ireland which are owned by wealthy investors. Shame
again on Labour!
From Irish Independent To-Day
http://www.independent.ie/irish-news/no-relief-for-300000mortgage-holders-from-kenny-31112868.html
Taoiseach has no plans to force banks to reduce sky-high
variable mortgage rates
No relief for 300,000 mortgage holders from Kenny
Charlie Weston
PUBLISHED02/04/2015 | 02:30

Update April 1
Update 11.45
Taoiseachs Honeyed words Masks Failure to End Rip Off
Mortgage Rates
The Taoiseach has just said on RTE that Banks should pass
on reduced ECB interest rates to mortgage customers!
But he also said that the Government has no power in the
matter!
I repeat: The Government owns AIB and Permanent TSB
Ministers Kelly and Hayes must insist that Minister Noonan
use this ownership to reduce AIB and PTSB rates
immediately and introduce legislation to force the hand of all
banksSeamus Healy TD
Variable mortgage holders deserted by Noonan
Prospects of a reprieve for hundreds of thousands of families
struggling with punitive variable-rate mortgages have been dashed
by the Government.-Irish Independent Today April 1
Existing Mortgage Holders Paying up to 6000 Euro extra per year!
Government owns AIB and Permanent TSB but claims it cannot
reduce rates!
Government Must Stop this Daylight Robbery Now!
Irish Variable Rate Mortgage Holders Being Overcharged by
1 Billion as Banks Rake in Super-Profits
Government and Central Bank Facilitate RIP-OFF
380,000 Irish variable mortgage holders paid an EXTRA 1 billion

above their European counterparts in mortgage repayments in

2014.
AIB made 1.1 billion profit, Bank of Ireland made 920 million profit
in 2014. Together with Ulster Bank the total profit came to 3 billion.
Irish variable rate mortgage holders are paying typically 4.5%
interest whereas our European Counterparts are paying almost 2%
less!!
The difference is a 1 billion Euro PER YEAR penalty for Irish
mortgage holders!!!
The ECB wholesale money rate was held at 0.05% -almost zero, 2
weeks ago.
It is welcome that Banks have had to reduce rates to new
customers to compete for business. But existing mortgage holders
are being fleeced
During 2014, the robbery of bank customers increased.
Though net lending to customers of the 3 banks fell by17
billion in 2014, the bank made more profit by increasing the
difference between deposit rate and interest rates! David
Doyle of investment firm ETX Capital said:their return to
profit has been aided by raising the interest rate margin on
loans, reducing tracker mortgage exposure and lower
savings deposit rates. (Sunday Independent March 8)
And now that house prices are rising banks are increasing
applications for repossession of homes. The Court Service
says that there are 7001 applications for repossession
before the courts and the Irish Mortgage Holders
Association says that 25,000 homes will be repossessed this
year if government does not intervene.
Last year state owned AIB repossessed 345 homes, Ulster
Bank 500 and BoI 200 (Central Bank Report March 6,2015)
AIB, Permanent TSB and EBS are owned by the state. Dick Spring
,former Labour Party leader was on the board of AIB through 2014.
The state own 15% of Bank of Ireland and has representatives on
its governing council.
It is the duty of the Central Bank to police the Banks. It has the
power to stop this robbery of mortgage holders It is allowing it.
The government appoints the members of the board of the Central
Bank. All the Irish elites are represented on it. But 380,000 variable
mortgage holders are not represented.!!!!
I am calling on Ministers Kelly and Hayes to insist that the
government stops this robbery Now!
Last month, the Financial Services Ombudsman was told by the
High Court to look again at Danske Banks decision to hike its
variable interest rate mortgages to more than 4pc when European
Central Bank rates had plunged to almost zero. Chief executive of
the Consumers Association Dermott Jewell has now advised
variable rate mortgage holders to complain to the Financial

Services Ombudsman of overcharging by providers.

Having firstly complained to the bank , aggrieved people can make
a complaint by clicking
https://www.financialombudsman.ie/complaintsprocess/submitting.asp?m=2.
Advice can be sought from http://thecai.ie/
Those threatened with repossession should contact the Irish
Mortgage Holders Association or The Phoenix Project, Port Laoise
Seamus Healy TD 087-2802199
UPDATE MARCH 5,2015
AIB published its annual report today. After BoI, state owned AIB
made a billion + by overcharging variable rate customers-by 2%
above European Norm with connivance of government and Central
BANK
Coincidentally, also today, the European Central Bank kept the
central banks benchmark interest rate at 0.05 per cent following a
meeting in Nicosia, the Cypriot capital. The Irish variable interest
rate is 4.5%+ while the wholesale rate at which all European Banks
are borrowing from the European Central Bank is now 0.05%almost Zero. Why wouldnt they be making large profits?.
Variable interest rates in the other Eurozone countries are
almost 2% below the Irish RATE.
UPDATE FEB 26 BOI make 921 million Profit in 2014RIP- OFF
of Irish Variable Mortgages Holders Continues with
Connivance of Central Bank and Government
http://www.irishtimes.com/business/financial-services/bank-ofireland-reports-pre-tax-profit-of-921m-for-2014-1.2119828 FEB 14
High Court judgment forces the ombudsman to reconsider a
decision on Danske Bank to push up variable rates. (Irish
Independent-see article below) Government is now forcing Irish
Mortgage holders to Recapitalise the Banks Variable Rate
Mortgage Holders Overcharged in Ireland. Following the court
judgement, all variable rate mortgage holders should complain to
financial services ombudsman about overcharging by Irish Banks
Variable rate mortgage holders are paying an interest rate which is
almost 2% higher than the Eurozone average. The Irish interest
rate is 4.5%+ while the wholesale rate at which all European Banks
are borrowing from the European Central Bank is now 0.05%almost Zero Around half of all new mortgages are supplied by the
three banks fully owned by the Irish state AIB, EBS and Ptsb. So
an arm of the state is overcharging its customers by around 500m
a year for new mortgages alone. When overcharging by all Banks
trading in Ireland and all variable rate mortgage holders are
included, it is clear that Irish Banks are making approximately 1
billion Euro per year in unjustified extra or super profits This is
being allowed by the Current Central Bank with full compliance by

the Government. The previous Central Bank Board assisted the

Banks in general in wrecking the country by issuing totally incorrect
Financial Stability Reports each year NOW the current CENTRAL
BANK is allowing banks to rip off their customers to repair their
balance sheets. Government is totally agreeable to this as their
game changer agreement that the ECB would retrospectively
recapitalise Irish Banks has vanished into thin air. Government is
now forcing Mortgage holders to Recapitalise the Banks Irish
Independent Feb 14 2015 High Court judgment forces the
ombudsman to reconsider a decision of Danske Bank to push
up variable rates. Thousands of people with expensive variablerate mortgages are expected to take cases to the financial services
ombudsman to get their interest rates reduced. It follows a High
Court judgment forcing the ombudsman to reconsider a decision on
Danske Bank to push up variable rates. Chief executive of the
Consumers Association Dermott Jewell said he now expected huge
numbers of people with variable-rate mortgages to take cases to
the ombudsman. He was speaking after the Financial Services
Ombudsman was told by the High Court to look again at Danske
Banks decision to hike its variable interest rate mortgages to more
than 4pc when European Central Bank rates had plunged to almost
zero. Yesterday the ECB maintained its rate at 0.05pc. The
ombudsman had thrown out a complaint by a North County Dublin
couple that the bank had acted wrongly in increasing interest rates
on six buy-to-let investment mortgages and the couples family
home mortgage at a time when rates had fallen to historically low
levels. Mr Justice Gerard Hogan ruled as ambiguous a clause in
Danske Banks terms and conditions which stated that rates of
interest would be altered in response to market conditions. The
judge said Kenneth and Donna Millar, of Strand Road, Portmarnock,
Co Dublin, have seven mortgage accounts, including a residential
mortgage, with Danske all of which were currently being serviced
and none of which were in arrears. Their complaint related to the
manner in which Danske Bank purported to increase the rate under
the terms and conditions that applied to the mortgages and the
ombudsman had found the bank had acted in accordance with those
conditions. David Hall of the Irish Mortgage Holders Organisation
said the High Court ruling had the potential to impact on thousands
of cases. Some 320,000 homeowners are on variable rates, which
are among the highest in the eurozone, with another 60,000 people
are estimated to have buy-to-let mortgages on variable rates. Mr
Hall called on the Comptroller and Auditor General and the Dails
Public Accounts Committee to conduct an investigation into the
operation of the ombudsmans office. The ombudsman has admitted
that he finds in favour of banks in seven out of 10 cases, but has no
choice in most cases. The judge said a number of banks had clauses
in their mortgage contacts which implied that the variable rate

would reflect the ECB rate, or market rates, which he said here also
very low. Danskes variable rate is 4pc, after it increased by almost
1pc in 2011. An ombudsman spokesman said it was reviewing the
judgment. Irish Independent

Noonan could help

variable victims, but he
won't
Shane Ross
PUBLISHED
05/04/2015

1
A WORLD OF HIS OWN: Michael Noonan could stop the fleecing
of standard variable rate mortgage holders with one stroke. Photo:
Mark Condren

Bravo for the bankers. Have you swallowed

the new narrative from the banks? Bankers
and their fellow travellers are peddling big,
big porkies.

Spot the true statement, the odd man out.

The narrative goes something like this: the worst is over;
bank boards are cleaned up; share options are a distant
memory; overcharging is overcome; taxpayers will get
their money back; the Banking Inquiry will banish abuses
for ever; the Government is in charge at the State-owned
banks; the financial institutions have been reformed; the
banks are back in profit.
Yes, the last is the only claim that is remotely true provided that you do not too closely examine the bankers'
dubious methodology for reaching a 'profit' figure. And
one of the key elements of their phantom profits is the
pillaging of clients with standard variable rate mortgages.
Last week, standard variable mortgages blew a big hole in
the new narrative. As Fianna Fail TD Michael McGrath

explained in the Dail, 300,000 clients of the banks are the

victims of "extortion". The unluckiest of all bank victims innocent mortgage borrowers captured in the old days of
higher interest rates - are being fleeced. Their jailers in
AIB, Bank of Ireland and Permanent TSB are refusing to
loosen their mortgage chains in line with falls in rates in
Europe.
Meanwhile, the bankers' recent prisoners are receiving
more lenient treatment. New borrowers are being seduced
into the variable mortgage bed with marginally better
terms than the battered old ones.
Yet both are being massively overcharged. No other
borrowers in Europe are being treated so badly. Ireland's
banks have consistently refused to pass on many of the
European Central Bank's (ECB) cuts in interest rates to
their customers.
The ECB lends to Ireland's banks at an all-time low of
0.05pc. Our, supposedly reformed, squeaky clean outfits
refuse to allow their clients to benefit. They borrow at
around that give-away level. They pay small depositors a
pitiful 0.5pc. They charge captured variable rate victims
what they like - normally over 4pc. Borrowers on the
books for a few years cannot escape their clutches as most
competitors have fled the country.
In the "reformed" world of Irish banking a terrible
ugliness is born. Happily the problem is instantly soluble:
AIB, one of the worst offenders, is State-owned. So is
Permanent TSB. Even Bank of Ireland's biggest
shareholder is now the Government. So our great
crusaders for banking reform, Enda Kenny and Michael
Noonan, are on hand to protect us.
As majority owners or largest shareholders, they have
huge leverage. Thank God the banks are no longer
privately-owned, free, unregulated highwaymen.
Unfortunately they are different types of highwaymen.
They are state-sponsored highwaymen. Yet the sponsors
are denying their sponsorship.
Last Wednesday, Michael Noonan walked away from his

responsibility for the punitive variable mortgage rates.

Under pressure in the Dail, he announced that he was
meeting Central Bank governor Patrick Honohan on
Thursday and would see what "influence" the Central Bank
"would bring to bear to bring variable rate mortgages
closer to the cost of funds".
He might as well have been meeting the Angel Gabriel. It
was a monstrous red herring. Honohan can do absolutely
nothing to force the banks to end their extortion. There is
only one man on God's earth who can stop it. His name is
Noonan.
Noonan's meeting with Honohan was cosmetic. The
likeable Central Bank governor must have given the
minister a polite flea in his ear. He was not going to be a
scapegoat for the Government's refusal to recognise its
duty to borrowers.
Noonan emerged from the encounter with nothing. He
feebly announced that the Central Bank was going to do a
bit more "research" into whether Ireland's banks were
charging an excessive margin above the record low ECB
rate.
We do not need grandiose research to know the answer.
The Central Bank had already pre-empted Noonan's
diversion on Wednesday when its chief economist, Gabriel
Fagan, reminded us that the governor had recently
insisted that it was "undesirable" for the Central Bank to
try to control rates. More importantly, it is beyond the
regulator's powers.
The Government is indulging itself in a piece of pretence.
It feigns detachment from the operation of State banks,
leaving them to torture customers without interference. It
stands by and watches, wringing its hands.
On Wednesday evening, Noonan's junior, Simon Harris,
pronounced the banks "independent commercial entities".
He may be right, but only because the Government has
allowed them to run amok. The bankers are back in the
saddle. The Government are owner-spectators.
There is still time to put manners on the highwaymen and

to rescue the victims of the variable rate mortgage scam but do not rely on the Government, firmly embedded in
the bankers' corner ever since they surrendered the power
of veto in insolvency deals to the banks.
If Noonan is serious he should start with a few scalps at
AIB and Bank of Ireland, the principal offenders. As the
99.8pc holder in AIB there is nothing to stop him from
ringing up the departing, AIB chief David Duffy and telling
him to reduce rates to the average charged by European
banks. Last Thursday RTE's David Murphy exposed the
extent of the difference. In a staggering example, Murphy
showed how an Irish borrower with a 250,000 variable
rate mortgage was paying 73,000 more than his
European counterpart over 25 years.
Similarly, as the largest shareholder in Bank of Ireland,
Noonan should call the 490,000 a year part-time
governor Archie Kane or its equally overpaid chief
executive Richie Boucher and order an immediate rate
reduction for variable rate mortgage victims.
Would any of them tell the minister to jump in a lake? The
answer is probably "Yes".
Irish banks are arguably the only state-owned institutions
on the planet where the shareholder boss is the junior
partner in its relationship with its bailed-out baby.
Noonan has an early opportunity. AIB and Bank of Ireland
are both holding annual general meetings in three weeks'
time. All the directors are due for re-election. Noonan
should tell AIB chairman Richard Pym and the over-rated
David Duffy that, if they refuse to lower rates, the State
will cast its votes against the entire board's re-election.
He could repeat the threat to Archie and Richie in the
Bank of Ireland. Noonan's problem is that both banks
would probably tell him to get lost. The Coalition has
foolishly championed a strategy of nurturing the two
monsters, more commonly known as the Government's
"pillar bank" policy.
He may have withdrawn the bank guarantee, but his
commitment to featherbedding the duo has gifted them an

impregnable position. It has frightened off competition.

Consequently, the two giants are now unchallenged in the
Irish market. A fresh cartel is born. And the Coalition is
colluding with the cartel. Suddenly, the Government itself
has joined the ranks of prisoners of the banks.
Alternatively, he could ring the 150,000-a-year
government appointee to the board of AIB, Michael
Somers, and give him similar orders. He could even
summon Tom Considine, the "public interest" director of
the Bank of Ireland and command him to look after the
public interest.
Instead, he is relying on Central Bank "research" to
persuade the bankers of the necessity to reduce rates. In a
flight of fantasy, he even suggests that the bankers will
yield to "moral persuasion"!
Irish bankers, the highwaymen of European finance, have
recruited a powerful fellow traveller. The Government is
colluding with the cartel.
Banking Inquiry or not, there is less chance of radical bank
reform now than there was on the night of the bank
guarantee. The new narrative is nonsense.
http://www.independent.ie/opinion/columnists/shane-ross/noonan-could-helpvariable-victims-but-he-wont-31118314.html

European Debt Conference-Taoiseach Reveals All!!!!

Taoiseach Kenny Reveals All on Debt Conference on RTE
Speaking on news At One on Sunday Feb 1 Taoiseach Kenny said:
Interviewer:Do you support the Syriza proposal for a European Debt
Conference?
Kenny: Discussions on debt should continue to take place at the
Eurozone Group where all Eurozone countries are represented
Ireland supported the Fiscal Treaty at the height of the recession
(implied : and continues to support it)
The Key difference between a New European Debt
Conference and discussions in the Eurozone Group of
Countries is that the Eurozone Group of countries are all
parties to the Fiscal Treaty and are bound by it.
In supporting the Debt Conference,the participants would be setting
aside the unequal and discriminatory framework of the Fiscal Treaty.
At a minimum participation in the Debt Conference proposed by
Syriza would mean a willingness to renegotiate of the Fiscal Treaty.
Fiscal Treaty Requirements for IrelandAusterity for Over
Twenty Years!!!

The Fiscal Compact requires that the current deficit be reduced

below 3% of GDP by end of 2015, that the structural deficit be
eliminated by 2018 and that the public debt to GDP ratio be reduced
to 60% over 20 years thereafter. Despite the physical exit of the
Troika from Dublin , the government is treaty bound to further
reduce the current budget deficit in 2015 from 4.8% to 3% of GDP.
There has been no recovery of national sovereignty.
The current budget deficit of Germany has been below 3% for a
number of years. But although the German public deficit stayed
within the EU limit of 3 percent of GDP for the third year in a row in
2013, it came down from a budget surplus of 0.1 percent in
2012. http://www.dw.de/german-economic-growth-flat-in-2013but-deficit-under-control/a-17362284
The EU has now quantified the budgetary position which would be
required to eliminate the Irish structural deficit in order to comply
with the Fiscal Treaty. (EU Report on Ireland, March 2014) The
over-all deficit needs to be converted from -4.8 % of GDP in 2014
to +4.9% in 2018. Based on a GDP of 148 billion Euro in 2012, this
requires a further 14 billion in cuts and tax rises unless there is
significant economic growth. Growth in GDP in 2013 was +0.2% ,
which means total stagnation as 0.2% is less than the probable
error in the estimate. (After 2014, deficit =2.7%, hence further
11.25 billion in cuts/taxes now required to remove
structural deficit by 2018)
Germany has no structural deficit.
http://ec.europa.eu/europe2020/pdf/nd/sp2013_germany_en.pdf
Under the Fiscal Treaty Irish government debt must be reduced (not
rolled over) from 102% of GDP now to 60% of GDP over the next
20 years. This requires further significant expenditure cuts and tax
rises into the distant future-AUSTERITY FOR TWENTY YEARS
(Reduction of 77 Billion over 20 years if no growthanywhere
between 2 and 3.8 illion per year but even worse if there is a
further Eurozone and/or Irish recession)
German national debt to GDP ratio at 57% is already below the
60% figure in the Treaty as can be seen at this
link .http://en.wikipedia.org/wiki/List_of_countries_by_public_debt
The Fiscal Treaty is merely a device to force the Programme
Countries and other indebted countries to make huge repayments to
the stronger countries led by Germany though all EU countries were
responsible for the banking busts and European recession. A new
economic colonialism has been established within Europe through
the FISCAL TREATY
Eurozone countries whose net government Debt to GDP Ratios are
in excess of 60% are:
Italy
103, Ireland
102, Spain 72, Portugal
112, France
84, Belgium 83, Greece 155
Other countries including Germany, Netherlands and Finland have

ratios below the 60% figure set out in the Fiscal Treaty

TAOISEACH Bertie Ahern began his evidence to the

tribunal by making a 15-minute statement.
He was allowed to make a statement, despite tribunal
personnel observing it was not usual in such proceedings.
Mr Ahern was then asked by tribunal barrister, Des ONeill
why his statement appeared to provide new information
which was not in a statement the Taoiseach issued during
the recent election campaign.
Des ONeill: On May 13 [2007], the press statement you
issued does not contain all the detail of the information
you are now giving, is that right?
Bertie Ahern: Thats right. It was a lengthy statement as
well.
advertisement

DON: Obviously this is information which is now coming to

the tribunal and I am not talking about the public
statement, because again it wasnt furnished to the
tribunal as your statement for the purposes of the
tribunal. It was merely put on a website for public
consumption, isnt that right?
BA: Well I was asked publicly to address questions and I
did.
DON: I see. You did so on a number of occasions and in a
number of different media, but obviously it was your own
decision to publish the detailed statement that you did on
May 13?
BA: Correct.
DON: Now since either the ending of the interview with
[the tribunal] on April 5 [2007] and today you have not
sought to furnish a copy of this new information to the
tribunal in advance of your attendance here today, isnt
that so?

BA: I dont believe there was anything too new to be quite

frank.
DON: Well there are quite a number of details which are
new, Mr Ahern. But the question is, did you consider
providing this new information to the tribunal in advance
of being called here today to give evidence?
BA: I didnt finish my statement until last night.
DON: That may be so, but you were scheduled to give
evidence in July this year. Had it not been for the overrun
in evidence you would have been giving evidence in July,
isnt that right?
BA: Thats correct.
DON: And is it the case then that you had decided,
irrespective of the fact that you knew that there was
further information for you to provide, that it was your
intention that it would be delivered on the occasion of
being called to give evidence to the tribunal and not in
advance of that?
BA: I dont think I considered [that] in July. But in the last
week, I considered that I should make a comprehensive
statement to the tribunal because I never got that chance.
As you will appreciate, I am answering these questions to
the tribunal since May 8, 2000. Its the first opportunity in
seven-and-a-half years of being tormented about these
issues that I have had a chance to come before the
[tribunal]. So it was appropriate that I should make a
statement when I got that chance. I have waited sevenand-a-half years for this day to do that.
DON: Im sure you have, Mr Ahern. But I just want to
understand why you indicate today that this, in effect, is
the first opportunity that you have had of delivering this
new information to the tribunal given that your decision to
do so, I suggest, was taken after an interview which took
place last April. We are now in September. What took five
months in which to deliver this information?
BA: Well I think most of the information that I have
referred to today I think there is very little new.
DON: Well, is there any point then in making the
statement that you did at length before the
commencement of your examination, if you say that it is
essentially the same and is not adding any new material?
What is the benefit or purpose in this statement which, as

you will accept, is an unusual approach for a witness to

take and one which the tribunal had indulged you in
allowing you to make it in advance of your evidence?
BA: My answer to that, I thought was fairly obvious. I have
waited since May 2000 to get an opportunity of saying a
brief, few words which may be lengthy. Im sorry if it was
too long to this tribunal but I dont think you would deny
the fact that Ive had to deal with this issue in the public
media and through most of my political life for the last
eight years.
Judge Alan Mahon: Can I just intervene here? I think the
point Mr ONeill is making is that it clearly would have
been preferable if a lengthy statement of the nature by
you this morning had been given to the tribunal before
today.
* Mr Ahern questioned why the tribunal was still pursuing
the investigation into allegations made by Tom Gilmartin,
when so many of his other claims had been deemed not
worthy of a public inquiry.
BA: Anyway Im here. I dont want to get into a debate but
I dont understand if a person can make unfounded
allegations, as in this case wild, scurrilous allegations
which you dont even believe because you have written
saying you didnt follow them up. Some of them Ive never
heard but then you follow the one and I spend as I have,
you know, three years co-operating.
I have no objection, like every other citizen, and I know
that you have investigated the earlier allegations made in
2000 to the Irish Nationwide about the accounts in Cork
and I never heard what the outcome of those was. But it
does seem unfair to me, and I wont say it again, it seems
unfair to me that if somebody makes 20 allegations, 19 of
them are nonsense, you come down to the 20th and I
spend three years of my life to answer that.
Listen I make the laws too, so I am not in here to argue
about that.
* Mr Ahern elaborated on allegations made by Tom
Gilmartin when questioned about delays in providing
information on transactions.
BA: I never had any difficulty. But I was concerned at that
time that all of these other allegations were being made
which quite frankly had nothing to do with money. But if

they had been true or if they had been leaked, I would

have been in serious trouble because effectively, I was
being accused not only of having money, which is bad
enough not only of having accounts and offshore
accounts. It is difficult enough having onshore accounts,
never mind offshore accounts. That was my personal life
but this man who has been down my neck for seven and a
half years was accusing me of blackmail and these were
very serious allegations ...
I dont want to proceed with it but thats what was
worrying me at that stage.
I didnt care about complying with the 50,000 or 30,000
or sterling or any of that because I never got it. But I did
concern myself and if I was losing sleep it wasnt about
those issues. It was about the fact that this man was
saying all kinds of mad things, crazy things including the
fact that I set up two colleagues to go and blackmail
another colleague. And if that had been true I would have
been finished. It was far worse than money.
TAOISEACH Bertie Ahern began his evidence to the
tribunal by making a 15-minute statement.
He was allowed to make a statement, despite tribunal
personnel observing it was not usual in such proceedings.
Mr Ahern was then asked by tribunal barrister, Des ONeill
why his statement appeared to provide new information
which was not in a statement the Taoiseach issued during
the recent election campaign.
Des ONeill: On May 13 [2007], the press statement you
issued does not contain all the detail of the information
you are now giving, is that right?
Bertie Ahern: Thats right. It was a lengthy statement as
well.
DON: Obviously this is information which is now coming to
the tribunal and I am not talking about the public
statement, because again it wasnt furnished to the
tribunal as your statement for the purposes of the
tribunal. It was merely put on a website for public
consumption, isnt that right?
BA: Well I was asked publicly to address questions and I
did.
DON: I see. You did so on a number of occasions and in a

number of different media, but obviously it was your own

decision to publish the detailed statement that you did on
May 13?
BA: Correct.
DON: Now since either the ending of the interview with
[the tribunal] on April 5 [2007] and today you have not
sought to furnish a copy of this new information to the
tribunal in advance of your attendance here today, isnt
that so?
BA: I dont believe there was anything too new to be quite
frank.
DON: Well there are quite a number of details which are
new, Mr Ahern. But the question is, did you consider
providing this new information to the tribunal in advance
of being called here today to give evidence?
BA: I didnt finish my statement until last night.
DON: That may be so, but you were scheduled to give
evidence in July this year. Had it not been for the overrun
in evidence you would have been giving evidence in July,
isnt that right?
BA: Thats correct.
DON: And is it the case then that you had decided,
irrespective of the fact that you knew that there was
further information for you to provide, that it was your
intention that it would be delivered on the occasion of
being called to give evidence to the tribunal and not in
advance of that?
BA: I dont think I considered [that] in July. But in the last
week, I considered that I should make a comprehensive
statement to the tribunal because I never got that chance.
As you will appreciate, I am answering these questions to
the tribunal since May 8, 2000. Its the first opportunity in
seven-and-a-half years of being tormented about these
issues that I have had a chance to come before the
[tribunal]. So it was appropriate that I should make a
statement when I got that chance. I have waited sevenand-a-half years for this day to do that.
DON: Im sure you have, Mr Ahern. But I just want to
understand why you indicate today that this, in effect, is
the first opportunity that you have had of delivering this
new information to the tribunal given that your decision to
do so, I suggest, was taken after an interview which took

place last April. We are now in September. What took five

months in which to deliver this information?
BA: Well I think most of the information that I have
referred to today I think there is very little new.
DON: Well, is there any point then in making the
statement that you did at length before the
commencement of your examination, if you say that it is
essentially the same and is not adding any new material?
What is the benefit or purpose in this statement which, as
you will accept, is an unusual approach for a witness to
take and one which the tribunal had indulged you in
allowing you to make it in advance of your evidence?
BA: My answer to that, I thought was fairly obvious. I have
waited since May 2000 to get an opportunity of saying a
brief, few words which may be lengthy. Im sorry if it was
too long to this tribunal but I dont think you would deny
the fact that Ive had to deal with this issue in the public
media and through most of my political life for the last
eight years.
Judge Alan Mahon: Can I just intervene here? I think the
point Mr ONeill is making is that it clearly would have
been preferable if a lengthy statement of the nature by
you this morning had been given to the tribunal before
today.
* Mr Ahern questioned why the tribunal was still pursuing
the investigation into allegations made by Tom Gilmartin,
when so many of his other claims had been deemed not
worthy of a public inquiry.
BA: Anyway Im here. I dont want to get into a debate but
I dont understand if a person can make unfounded
allegations, as in this case wild, scurrilous allegations
which you dont even believe because you have written
saying you didnt follow them up. Some of them Ive never
heard but then you follow the one and I spend as I have,
you know, three years co-operating.
I have no objection, like every other citizen, and I know
that you have investigated the earlier allegations made in
2000 to the Irish Nationwide about the accounts in Cork
and I never heard what the outcome of those was. But it
does seem unfair to me, and I wont say it again, it seems
unfair to me that if somebody makes 20 allegations, 19 of
them are nonsense, you come down to the 20th and I

spend three years of my life to answer that.

Listen I make the laws too, so I am not in here to argue
about that.
* Mr Ahern elaborated on allegations made by Tom
Gilmartin when questioned about delays in providing
information on transactions.
BA: I never had any difficulty. But I was concerned at that
time that all of these other allegations were being made
which quite frankly had nothing to do with money. But if
they had been true or if they had been leaked, I would
have been in serious trouble because effectively, I was
being accused not only of having money, which is bad
enough not only of having accounts and offshore
accounts. It is difficult enough having onshore accounts,
never mind offshore accounts. That was my personal life
but this man who has been down my neck for seven and a
half years was accusing me of blackmail and these were
very serious allegations ...
I dont want to proceed with it but thats what was
worrying me at that stage.
I didnt care about complying with the 50,000 or 30,000
or sterling or any of that because I never got it. But I did
concern myself and if I was losing sleep it wasnt about
those issues. It was about the fact that this man was
saying all kinds of mad things, crazy things including the
fact that I set up two colleagues to go and blackmail
another colleague. And if that had been true I would have
been finished. It was far worse than money.
At their 75th Ard Fheis this weekend Fianna Failed will
continue to hope that people will forget their truly epic
failures and vote them back in.
"This is a govt of spin & broken promises, growing more
arrogant every day. It's FF's duty to hold them to account"
- Micheal Martin, today.
They haven't gone away you know.
"Padraig Flynns record of achievements for Mayo will
never be equalled by any politician argues Castlebar
Fianna Fil councillor, Blackie Gavin.
In what will be interpreted as a shot across the bows of An
Taoiseach Enda Kenny, Cllr Gavin made the statement at a
recent meeting of the Castlebar Fianna Fil Cumann in the

Welcome Inn Hotel. There it was unanimously agreed that

a vote of thanks and appreciated be extended to former
EU commissioner Mr Flynn for his work on behalf of
Castlebar and Mayo during his years as a TD and minister.
When asked by The Mayo News last night about the
Mahon Tribunal findings that Mr Flynn had corruptly sought
and received a payment of 50,000 from developer Tom
Gilmartin in 1989, Cllr Gavin remained tight-lipped and
said it was a private matter'."
http://www.broadsheet.ie/2012/05/01/meanwhile-in-mayo7/

Fianna Failed or Fine Fael have been in government 100%

of the time since our state was founded, if you want more
of the same feel free to vote for either in the upcoming
local, european and eventual general elections.
Fianna Fail - never underestimate the power of stupid people in large
numbers.
Having totally fucked this country with a glass-encrusted massive
strap-on of ineptitude the plain people of Oirland are queing up yet
again to bend down for another treatment.
They deserve everything they'll assuredly get.

The usual 'in-depth investigative journalism' from crime

reporter Paul Williams in the Sun:
"SHAMED Bertie Ahern is caught digging a new hole for
himself in these exclusive Irish Sun pictures.
The former Taoiseach was snapped shovelling soil in a
north Dublin allotment two days ago the first time hes
been spotted in public since being branded a liar.

And after we blew his cover, Bertie pleaded with this

reporter to keep the location of his vegetable patch secret,
fearing people would pull up his spuds out of spite"
http://www.thesun.co.uk//i/4244994/Disgrace-ofspades.html
Quite understandably, given the calamity that befell the
country while they were in office, the party was decimated
during the last general election with support plummeting
from a high of over 40% to just 17%. Now, however, just
eight months later, all seems to be forgotten with the de
facto Fianna Fil candidate, incredibly, on course to win
the election.
God, youre forgiving. Now, of course, Mr Gallagher will tell
you hes not a Fianna Fil candidate until hes blue in the
face but thats about as credible as Bertie Aherns Mahon
Tribunal testimony"
http://www.examiner.ie/eart.aspx?id=171089&m=5.3.13.0
Celia Larkin in todays Irish Indo: yeah great counterattack
Celia, I'm sure Sean will be delighted if you defend his
membership of Fianna Failed... and looks like they are
going to try the political resurrection of the party by
blaming it all on Cowen...
"Seven months is enough time to lick your wounds. An
aggressive counterattack is well and truly needed... The
gloves are off; there is no room for Mr Nice Guy"
http://www.independent.ie//its-time-to-rise-to-thechallen

Referendum on the bank debt crisis

Signatures

13,689
0% 1,000,000
Opened on February 23, 2011
Should Irish taxpayers be made to pay for the private
debts of Irish banks? The interest rate payments alone on
the loan from the EU/IMF will be 85% of total tax income
for 2010 by the end of next year. This will only lead to a
default on sovereign debt. The only way we can stop this
from happening is by giving our government a political
mandate to renegotiate the deal, not just the interest rate,
but by "burning" the bond holders. The Irish state cannot
be allowed to collapse under the unsustainable
repayments to customers of private companies. The Irish
people must be asked what they believe is the right thing
to do for Ireland. Under article 27 provisions are made for
referendum to be held for issues of National interest. Sign
the petition for a Referendum to be held. There are 1.75
million facebook users in Ireland and every single one of
them is affected by this issue - please circulate this to
friends, family and colleagues.

David Brown
Belfast, United Kingdom
Northern Ireland Was Also involved in The stealing of rish
Resources and properties Mr brown
So Get you Facts Right you are as part to blame as irish
banks

The Irish have delivered a savage verdict on those

who turned their country from the envy of the

world into an object of pity. In the process, they

have smashed one of Europe's great political
machines, the Fianna Fil party that enjoyed a near
monopoly of power since 1932. This is a striking
example of democracy at work.
But does it matter? Voters damned Fianna Fil's
disastrous decision to underwrite the staggering
losses of grotesquely reckless banks. They are,
however, stuck with those same policies in the
shape of the deal made with the International
Monetary Fund and the European Union. It ties the
new government into ever-more brutal austerity for
at least the next four years, while continuing to
lavish public money on insolvent banks.
This deal is punitive, unjust and unsustainable. The
Irish undoubtedly had to pay a price for the follies
of the governments they elected. Mass
unemployment, mass emigration, rapidly falling
standards of living and rising poverty are horrifying
to see and clearly punishment enough.
It is hard to avoid the conclusion that Irish interests
are being sacrificed to the larger cause of saving
the euro. The IMF suggests the need for banking
crisis resolutions "ultimately allowing losses to be
borne by creditors rather than taxpayers". German
chancellor Angela Merkel said last November that
bank bondholders should take the hit when a
country is in trouble. The EU intends to make sure
this happens after 2013. Why should the opposite
policy apply for Ireland?
The regime being imposed on Ireland is utterly
unrealistic. A depressed and deeply indebted
economy with just 1.8 million people at work
cannot underwrite private banking liabilities of
200bn (135% of GDP). The parties that will form
the new government promised to renegotiate the
deal with the IMF/EU. If democracy and European

solidarity are to mean anything, they should get a

sympathetic and fair-minded hearing.
Here is Dick 'Cock' Roche on Channel 4 News during the
heady IMF bailout days; note the bluster, lies and
incompetence...
What a total Dick. Bye bye ya muppet!!
http://bit.ly/hvry7D