Mahon Tribunal: A consulting engineer has admitted he was wrong to accept a confidential planning map which he then passed on to businessman Mr Jim Kennedy.
Mr Frank Finnegan told the Mahon Tribunal yesterday his acceptance of the map from a friend, planning official Mr Gerry Carroll, was improper. "I was uncomfortable from the moment I saw it," he said. "These type of maps were not open to the public."
The receipt of information which he knew to be confidential and which he should not have passed on to someone else had compromised him, he accepted.
The map showed land zoning in Carrickmines valley, where Mr Kennedy had bought more than 100 acres of land in 1989. It showed that the planners intended to rezone much of the land, including Mr Kennedy's, from agricultural to industrial.
At this time, Mr Kennedy had engaged Mr Finnegan to draw up plans for housing on his land. He was also trying to buy further land from other landowners in Carrickmines.
In his initial evidence yesterday, Mr Finnegan denied that he had any moral concerns about receiving the map. He said Mr Carroll was an adult; he did work outside the council and was capable of being his own conscience. He believed Mr Carroll was talking to Mr Kennedy.
However, Mr Carroll told the tribunal earlier this week that the former assistant Dublin city and county manager, Mr George Redmond, had asked him to draw the map. He denied being in contact with Mr Kennedy.
Mr Finnegan said yesterday that while the release of the map was "obviously improper," he did not feel concerned about being used as a conduit. Had Mr Kennedy used the information to buy land, he would have been concerned; however, he already owned land in Carrickmines.
Judge Mary Faherty said Mr Kennedy could have used the information to bid for more land. Judge Alan Mahon asked did he not realise that the matter was "most improper". Apart from being surprised, it seemed that Mr Finnegan had thought no further about it, Judge Mahon remarked.
After a break, Mr Finnegan's lawyers said he had reflected on his earlier evidence. He then apologised if he had appeared evasive or slow to answer questions. He acknowledged it was wrong and improper to have received the map; if it happened again today, he would tell Mr Carroll to give the map to Mr Kennedy himself.
He agreed with Mr Des O'Neill SC, for the tribunal, that it wasn't until his sixth private interview with tribunal lawyers that he acknowledged having had the map. By this time, it had become clear that the tribunal was aware of it.
Mr Finnegan explained that he had not understood the powers of the tribunal up to that point. He had co-operated fully since then. Mr Kennedy later told him the map had been shredded. However, it transpired that copies had been made and circulated.
