Ann Healy
The trial of Galway county councillor Michael Fahy has heard claims that he initially avoided public scrutiny by reaching an agreement with the former county manager, Donal O'Donoghue, to hand €7,000 back to Galway County Council and by making a €3,000 contribution to a local charity.
The court heard these payments were allegedly made in spite of a recommendation from a senior council official at the time that the matter be referred to the Garda for investigation. Cllr Fahy is charged with the fraudulent use of public money for works carried out on his farm.
The third day of Cllr Fahy's trial before Galway Circuit Criminal Court heard yesterday from director of services with responsibility for roads and transport in the county John Morgan.
He said that Cllr Fahy had told him he would pay the €10,000 out of his own money, stating it was only a small amount, given the fact he had been offered €3.8 million for one of his fields in Ardrahan.
Cllr Fahy faces eight charges under the Larceny, Theft and Fraud Offences Act. His trial is expected to continue for three more days.
Cllr Fahy (57), a bachelor, who lives with his 93-year-old mother on the family farm at Caherduff, Ardrahan, in south Galway, denies all of the charges.
Mr Morgan told the jury yesterday that an internal council investigation carried out within his department regarding the use of council money in a Community Involvement Scheme (CIS) at Caherduff, showed certain irregularities relating to two invoices submitted by subcontractor Thomas Byrne, trading as Byrne Fencing Ltd, for works purportedly done during the community scheme.
Mr Morgan spoke to Cllr Fahy about his involvement in trying to secure payment for both invoices and he said Mr Fahy told him Mr Byrne was "a crook". The accused said Mr Byrne had tried to "do" him when he asked him to quote for work the accused wanted carried out on his farm.
Mr Morgan explained that while the council had paid Byrne Fencing €7,055 for the first invoice for works done in a CIS in 2001, it had refused to pay the second invoice for works purportedly done a year later.
When he sent his engineers out to Caherduff in 2004, they could find no evidence of any work being carried out on the public road.
Mr Morgan said Mr Byrne had said he thought the area engineers were in collusion with Cllr Fahy during the Caherduff CIS and that the accused had full authorisation from them to get him to carry out works on Cllr Fahy's farm and that the council would pay for it. The invoices submitted were for fencing work and the hanging of three gates across the public roadway, outside Cllr Fahy's home, which were to be used by the accused to control the movement of cattle from one side of his farm to the other side across the road.
Mr Morgan said the council engineers knew nothing about these gates and their presence across the public road was illegal.
He said that when two of his senior engineers visited Caherduff in 2004 they could find no evidence of work to substantiate the invoices. Cllr Fahy told both men that the work had involved repairs to the existing fence. The court heard the fence was in perfect condition.
Martin Giblin SC, defending, said Mr Morgan's roads and transport department had been "rumbled" when now retired county manager Donal O'Donoghue criticised it for not having proper procedures and checks in place for the tight administration of public money for CIS schemes.
The trial continues on Monday.