A FIANNA Fáil councillor, hotelier and Fáilte Ireland director has appeared at Killarney District Court on two summonses alleging breaches of the local government and ethics Acts on foot of a rezoning motion.
Patrick O'Donoghue, who is the incoming mayor of Killarney and is managing director of the Gleneagle Hotel, was in court yesterday and was represented by Henry Downing.
It is believed to be the first such proceeding against a town councillor under the ethics Acts. The book of evidence had been served and the State was seeking an order to return Mr O'Donoghue for trial, the court heard.
Judge James O'Connor sent Mr O'Donoghue's case forward to the next sitting of the Circuit Criminal Court in Tralee.
One of the summonses alleges that he sought to influence the decision on a motion.
It says that Mr O'Donoghue, Gleneagle Hotel, Killarney, Co Kerry, being "a person with a pecuniary or other interest" in a motion to rezone land at the Gleneagle land, Killarney, which was debated and voted on by Killarney Town Council on March 6th, 2006, did "influence or seek to influence" the town council's decision on that motion between January 1st, 2006, and March 6th, 2006.
The second summons alleges that, again as a person with an interest in the motion, he failed to withdraw from the town council meeting on March 6th.
Both summonses are being brought under two Acts as "contrary to" section 181 of the Local Government Act 2001 and to section 177 of the Ethics Acts 1995 and 2001.
Mr O'Donoghue, a director of Fáilte Ireland and of Tourism Ireland, last year appeared before a hearing of the Standards in Public Office Commission in relation to the motion to rezone about 20 acres of the O'Donoghue family lands surrounding Gleneagle Hotel to tourism and associated town centre facilities.
This was passed by a majority of the councillor's colleagues on the council.
However, officials and planners vehemently opposed the town centre designation.
They pointed out that the Gleneagle lands were on the urban-rural divide.
At a subsequent meeting, then town manager Tom Curran refused to allow the matter to proceed further.
Following a preliminary investigation, the Standards in Public Office Commission held a public hearing, the first such meeting involving local authority members.
The commission then sent a report to the Director of Public Prosecutions.
Mr O'Donoghue has consistently maintained that he acted at all times openly and in good faith.