Mahon Tribunal
Paul Cullen
"Elaborate steps" have been taken to conceal the ownership of Jackson Way's land at Carrickmines in south Dublin, the tribunal heard yesterday.
Even after three years of investigation, the "full picture" is obscured by a lack of co-operation and a failure to obtain all legal documents, according to tribunal counsel Mr Des O'Neill SC.
He said direct evidence of the ownership of the land at Carrickmines had been extremely difficult to obtain. Mr Jim Kennedy had not co-operated with the tribunal, Mr Liam Lawlor had denied any involvement, and Mr John Caldwell had said there were legal constraints on him.
The tribunal's efforts to establish who owned the land had "led to the door" of London-based solicitors, Isidore Goldman, who in turn act for another firm of solicitors in the Channel Islands.
The tribunal is now investigating eight land deals in which it believes the three men have an involvement; six are in Lucan, one in Baldoyle and one in Carrickmines.
Mr O'Neill said the current phase of the tribunal's investigations was prompted by allegations made by Mr Bob Tracey to the Garda in 1989, when he was selling his land at Carrickmines to Mr Kennedy, and by Mr Frank Dunlop. According to Mr Tracey, Mr Kennedy told him that planning permission to develop the land could only be obtained if bribes were paid to politicians and local authority officials.
Mr Dunlop has alleged he got £25,000 from Mr Kennedy to bribe county councillors for the rezoning of the land. Later in the 1990s, he claims he was offered £100,000 and, in a revised deal, an acre of commercial land if he achieved this goal.
Mr Sam Stanley, who was engaged by Mr Kennedy to scout for land for him, has told the tribunal that George Redmond had informed Mr Kennedy that the council intended to put down a new sewer in the Carrickmines Valley and that the proposed South-Eastern motorway would run through it. Armed with this information, Mr Stanley started looking for land to buy in the area on behalf of his client.
The majority of landowners told him they were not interested, but Mr Tracey expressed an interest in selling his 108-acre holding.
In 1985, Mr Kennedy proposed taking out an option on the land for five years for £5,000. Mr Tracey would be paid £1 million if the option were exercised. However, Mr Tracey changed his mind and said he would sell the land to his brother Jack.
In March 1988, he had changed his mind again and expressed his willingness to sell.
Mr Stanley obtained an "irrevocable authority" from Mr Tracey to buy the land for £540,000.
Mr Stanley then offered to sell on the land to Mr Kennedy provided he was paid a "premium". He says Mr Kennedy offered to pay him £1 million over and above the £540,000 purchase price. The cash would be paid through Paisley Park Investments, an Isle of Man company set up for the purpose.
However, Mr Stanley never received his premium, as Paisley Park was liquidated and its assets distributed to other shareholders. He received just £7,300.
Jackson Way was established in England in 1993 but the beneficial ownership of the company remained offshore.
Mr O'Neill said the tribunal had heard evidence from Mr Dunlop that the owners of the Carrickmines lands were Mr Kennedy, Mr Caldwell and Mr Lawlor. Mr Dunlop said Mr Kennedy told him this.
Mr Lawlor has denied any involvement with the land, although it has emerged that he attended a meeting with Mr Kennedy about the land in Leinster House.