One of the owners of Jackson Way, the controversial property company under investigation by the Mahon tribunal, has denied any advance knowledge of a confidential plan by Dublin County Council to rezone its lands at Carrickmines.
Lawyers for Mr John Caldwell told the tribunal yesterday their client was unaware of a map prepared by planning officials in 1989, which indicated the council's intention to rezone land at Carrickmines from agricultural to industrial. Mr Ian Finlay SC, for Mr Caldwell, also denied a claim that Mr Caldwell shredded the map at a later date.
Mr Finlay was cross-examining Mr Frank Finnegan, an architect who drew up plans for residential development on the Carrickmines land at the behest of its purchaser, Mr Jim Kennedy.
Mr Kennedy, who is not co-operating with the tribunal, is also believed to be an owner of Jackson Way and, therefore, the Carrickmines land.
In earlier evidence, Mr Finnegan has told the tribunal he was given a confidential planning map setting out the future zoning in the area, which he passed on to Mr Kennedy. He said Mr Kennedy later told him that Mr Caldwell had shredded the map.
However, Mr Finlay said this made no sense. He outlined a series of correspondence from 1989 and 1990 which, he said, showed that Mr Kennedy and Mr Caldwell were planning to build houses on the land.
Any person with any planning knowledge would have known that this plan was a "non-runner" if the council were planning to rezone the land to industrial, Mr Finlay argued. It followed that Mr Kennedy and Mr Caldwell could not have been aware of the map and its contents in 1989.
"Because if they were so aware, every action, every meeting, every bit of work would have been a nonsense and a waste of time," he said.
Counsel said the witness's recollection of the date he received the map could not be correct.
Mr Finnegan said he had "no doubt" about the time he received the map. He stood over the evidence he gave to the tribunal.
Asked by counsel why Mr Kennedy and Mr Finnegan would have wasted 10 months discussing something that was "utter nonsense and a waste of time", Mr Finnegan said this was a question better put to these two men. Mr Finnegan told Mr Liam Lawlor, representing himself, he believed Mr Kennedy was "in collusion" with the official who gave him the map, Mr Gerry Carroll.
