Former MD says that Gogarty helped to remove him from post

The former managing director of JMSE, Mr Marcus Sweeney, told the tribunal that Mr James Gogarty had been "influential" in removing…

The former managing director of JMSE, Mr Marcus Sweeney, told the tribunal that Mr James Gogarty had been "influential" in removing him from the position in 1989.

Mr Sweeney said Mr Gogarty had constantly criticised him during the period he was managing director and he believed everything he did was wrong "in Mr Gogarty's eyes".

He said Mr Gogarty in 1989 had an opportunity to get his pension from JMSE and "seized it with both hands". He agreed with Mr Michael Cush SC, for JMSE, that in seizing this opportunity he was then "influential in persuading Mr Joseph Murphy snr" to remove him as managing director.

Mr Sweeney said he had not resigned from JMSE in 1989 but was "sacked unceremoniously".

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"I was incensed when I found out later that Mr Gogarty had lodged documents in company house, signed by him, saying I had resigned; to me, that's just plain fraud."

Answering questions from Mr Frank Callanan SC, for Mr Gogarty, he said he had supported the idea of a pension for Mr Gogarty but nothing had been done by JMSE.

"I was a very, very strong advocate, not just to suit my purpose and to get him out of my hair, but really on a moral basis that it [Mr Gogarty's pension] should be sorted out. He is an elderly man, he had done service and he should have been dealt with properly."

He told tribunal counsel Mr Des O'Neill SC he reported to the group chief executive of the Murphy group, Mr Liam Conroy, at least once a week. Mr Gogarty remained a board member during that period and directors were careful to keep him informed.

Mr Gogarty had concerns about Mr Conroy's competence and there was a "major dust-up". Mr Sweeney said he was wrongly perceived to be in one of two camps within the company. "There was never any conspiracy, I want to be quite clear about that."

Mr Sweeney said invoices from a consultancy company, Pro Eng, were presented for payment to JMSE. They were for "management services" and Pro Eng was "effectively" Mr Conroy's company.

He said he was not aware of any other way Mr Conroy received payment for his services to JMSE. He saw paying the invoices as "remuneration" for Mr Conroy. He did not consider it "unusual" that Pro Eng was based in the Channel Islands.

Mr O'Neill said it was a "pro forma" arrangement and asked Mr Sweeney if he had simply paid the amounts "without exercising any judgment yourself?" Mr Sweeney replied that he had no problem with the invoices because he believed there was an agreement covering them between Mr Conroy and Mr Murphy snr.

On an allegations from Mr Gogarty that a "slush fund" operated at JMSE, Mr Sweeney said he was not aware of any fund. "I believe there was one minor issue in relation to a small amount of expenses paying for a housekeeper for Mr Conroy."

On the complex negotiations between JMSE and the ESB over payment for work done at Moneypoint power station, Co Clare, Mr Sweeney said once he left the company nobody from JMSE contacted him to ask how far he had advanced the discussions.

was asked by JMSE to recover monies from the ESB in relation to the Moneypoint contract and there were several company disputes about how much was outstanding from the ESB.

Mr Cush said: "If someone had picked up the phone and asked you: `Is it true to say that the sum of £42,000 is the sum currently on offer?' would that have been a fair representation of the situation?"

Mr Sweeney: "I would have said no. That's not my recollection. I think it was a number somewhat bigger than that."