Lawlor only councillor not to go to the tribunal, court told

The Dublin West Fianna Fail TD, Mr Liam Lawlor, is the only person among those elected to Dublin County Council in 1985 who has refused to be interviewed at the Flood tribunal, the High Court was told yesterday. In an affidavit, Mr Lawlor queried if those others who attended before the tribunal did so voluntarily and he asked if any allegations were made against them and if they were the subject of "leaks".

Affidavits from Mr Lawlor and tribunal solicitor Ms Maire Anne Howard were read to Mr Justice Kearns on the second day of the TD's challenge to tribunal orders, including one of April 26th directing him to attend and answer questions. Mr Lawlor, of Somerton, Lucan, Co Dublin, is seeking a declaration that he is entitled to be given details of allegations or statements adverse to him. Yesterday Mr Adrian Hard iman SC, for Mr Lawlor, asked if privilege would attach to anything his client might say. The procedure appeared to exclude the protection which would otherwise accrue under the 1979 Act.

He argued what was envisaged was not a sitting of the tribunal. The chairman was not present. There was no power for tribunal lawyers to interrogate Mr Lawlor. In her affidavit, Ms Howard said certain information concerning Mr Lawlor had been given to the tribunal. It was understood from a Sunday Business Post article of October 4th, 1998, that Mr Lawlor had accepted he had received payments from developer Mr Tom Gilmartin in the 1980s but these payments, previously described as consultancy fees, were political donations.

Last October the tribunal had put eight specific queries about those alleged payments to Mr Lawlor, whose solicitors responded by seeking the basis for the allegations.

The tribunal replied it was investigating certain matters associated with the planning process relating to the proposed development by Arlington Securities Ltd at Bachelor's Walk, Dublin, and a proposed shopping centre and other development at Quarryvale, Dublin. In this context and in view of statements by Mr Lawlor in the media about payments from Mr Gilmartin and/or Arlington, the information was sought. A protracted correspondence followed.

On March 12th, Mr Lawlor gave the tribunal a statement, "Re Tom Gilmartin - Arlington Securities plc". Mr Lawlor gave the media a 16-page statement but when the tribunal sought this, it was told it was not relevant.

Ms Howard said the tribunal told Mr Lawlor on March 30th it had information which suggested Mr Lawlor and a former local authority official were paid monies by a certain party in connection with the procurement of planning permissions and that Mr Lawlor had regularly met the local authority official and a named person.

In another affidavit, Mr Gerard Brady, managing director of Brady's motor car dealers, Navan Road, Castleknock, Dublin, said Mr Lawlor approached him on April 2nd and showed him a portion of a letter from the tribunal.

The hearing continues today.