Mahon tribunal: Lobbyist Frank Dunlop has told the Mahon tribunal that he was controlling "certain elements" of Dublin County Council in the early 1990s when it was considering its development plan for the region.
Mr Dunlop said yesterday he accepted that some councillors were being used to advance his own interest. The lobbyist told how he and the late Liam Lawlor had drafted letters to be exchanged between two councillors and the then chairwoman of Dublin County Council over key procedural issues regarding an attempt to rezone lands at the old Baldoyle racecourse in north Dublin.
He said the letter signed by councillors MJ Cosgrave and Liam Creaven, which set out a number of questions to the council, had been typed in his office. He had probably hand delivered it to the secretariat of the local authority, he said.
Mr Dunlop said he and Mr Lawlor also drew up a draft response to this letter for the then chairwoman of Dublin County Council, Therese Ridge. The draft response letter has not been obtained by the tribunal.
However, Mr Dunlop said it would have been drawn up "in the best interest of Pennine Holdings", the company behind the rezoning bid.
Tribunal counsel Des O'Neill SC said Mr Dunlop and Mr Lawlor had been in a position to draft both the original correspondence and its response without consultation with either the sender of the letter or its responder. He said this in effect meant that Mr Dunlop was controlling the council.
"Well, certainly I was controlling certain elements of the council," Mr Dunlop replied.
Mr O'Neill: "Well, you were controlling the chairperson who you drafted her response and you were controlling the members named to the extent that they were writing a letter at your behest to resolve an issue which was in your interest, of which they had no particular interest or knowledge, and they were being used for the purpose of advancing your interest. Isn't that correct?"
Mr Dunlop: "Correct. That's absolutely correct".
He said he had a supply of Fingal Area Committee headed notepaper which he had used, on occasion, to draft letters.
The tribunal is currently investigating allegations that Mr Dunlop paid money to seven councillors to secure their support for the Baldoyle rezoning. There are no allegations against Mr Cosgrave, Mr Creaven or Ms Ridge.
Mr Dunlop said that Pennine Holdings had been established as a front for the purpose of obtaining the rezoning. However, he maintained that the development company, Davy Hickey Properties Ltd, rather than himself, was the beneficial owner of Pennine.
He said Davy Hickey had paid for the option on the Baldoyle land and had funded miscellaneous expenses and his fees. He had paid nothing into the scheme and Davy Hickey had "taken a punt".
Mr Dunlop said that the project could have been worth, at a conservative estimate, about £10 million if rezoning had been secured. However, he said, there was no agreement between the parties in advance on how the proceeds would be shared.
He said he would have come to an arrangement with Davy Hickey on this if the rezoning had been obtained.
Mr Lawlor had "strategised" the Baldoyle plan and had been closely involved with the project but he had had no agreement with him in relation to payments for his involvement.
Tribunal chairman Judge Alan Mahon said that it appeared that all the parties were saying that they did not own Pennine.
