Councillor challenges planning tribunal finding

A Dún Laoghaire Rathdown councillor found by the planning tribunal to have falsely denied soliciting and receiving corrupt payments in connection with planning decisions has challenged a later finding he had not co-operated with the tribunal.

The effect of the finding is that Tony Fox, a Fianna Fáil councillor at the time of the payments, now an Independent, will receive only a portion of his legal costs of appearing before the tribunal.

The non co-operation finding arose from the tribunal’s finding he knowingly gave false and misleading evidence denying he received cash payments from lobbyist Frank Dunlop in return for supporting zoning matters.

In judicial review proceedings, Mr Fox wants orders quashing the finding of non co-operation. The case was heard by Ms Justice Marie Baker, who reserved judgment.

Outlining the case, Paul McGarry SC, for Mr Fox, said his client was subject to adverse findings arising from hearings of 10 modules of the tribunal. Mr Fox was later made subject of criminal proceedings arising from factual matters before the tribunal and was acquitted, Mr McGarry said.

Non co-operation
A central issue in this case was the precise meaning of "non co-operation" and whether the tribunal was entitled to make a finding of non co-operation on foot of "evidence" given by Mr Fox, he said. While the tribunal believed the evidence of Mr Dunlop over that of Mr Fox, that did not provide a basis for a finding of non co-operation, counsel argued.

Opposing the application, Denis McDonald SC, for the tribunal, said there was a rational basis for the finding of non co-operation and that was Mr Fox’s evidence to the tribunal.