The developer Mr Michael Bailey yesterday described an affidavit by Mr James Gogarty, which includes an account of the meeting with Mr Ray Burke, as lies and total fabrication.
Mr Bailey was asked by Mr Desmond O'Neill SC, for the tribunal, to look at the affidavit. Mr Gogarty had said that Mr Bailey and Mr Liam Conroy of Murphys could arrange a meeting with Mr George Redmond about the Forest Road lands. Mr O'Neill asked if it was clear what Mr Gogarty was saying his involvement was.
Mr Bailey said: "Well, it's total fabrication. I read it and I didn't understand it because it's total fabrication. I couldn't believe that somebody would attempt to fabricate such lies. How could you understand something that never happened?"
Mr O'Neill said Mr Gogarty had said a meeting with Mr Redmond was arranged. After that, in the car coming back from Mr Burke's house, there was a discussion with Mr Bailey about compensation for Mr Redmond, Mr Gogarty had said. Mr Bailey said it was totally untrue.
Mr Gogarty's affidavit referred to a meeting in Clontarf Castle attended by Mr Bailey, Mr Joseph Murphy jnr and Mr Frank Reynolds when an envelope was handed to Mr Redmond. Mr Bailey said it was total lies.
Mr O'Neill quoted another paragraph which stated that there were several meetings between Mr Gogarty, Mr Murphy jnr, Mr Frank Reynolds and Mr Bailey before the sale of the Murphy lands.
"I can read what is in front of me. If you want my view exactly, there's no question about it, it's total fabrication again, because I never had a meeting with Frank Reynolds or never had met Joe Murphy jnr or Frank Reynolds at that stage. The only person I ever dealt with, with anything got to do with any lands, was Jim Gogarty himself," Mr Bailey said. Mr O'Neill asked him about a meeting, described in the affidavit, in early June 1989, attended by Mr Reynolds, Mr Murphy jnr, Mr Gogarty and Mr Bailey. Mr Gogarty alleged there was a proposal that Mr Bailey would acquire a 50 per cent interest in the lands if he procured the necessary rezoning and other permission through Mr Burke.
Mr Bailey said: "Well, I was flabbergasted when I keep reading and going through these things again. I totally disagree. The first time I read it, I wrote down beside it exactly what it was, and to this day I believe it, L-I-E-S. Lies, that's what I have said, and I have no hesitation in saying that's exactly what they are. I was absolutely astounded that somebody would make such an outrageous allegation or accusation."
Mr O'Neill asked him about Mr Gogarty's reference to the letter of June 8th, 1989, from Mr Bailey to Mr Reynolds, saying Mr Bailey had acknowledged it was signed by him and drafted by his solicitor. Mr Bailey said that was correct.
The meeting with Mr Burke at his home in June 1989 was described by Mr Gogarty, who said that there was an agreement that £40,000 would be given by the Murphy group and Bailey's, making a total of £80,000.
"I totally disagree with it," Mr Bailey said.
Mr O'Neill quoted details of the meeting alleged by Mr Gogarty, which he said was attended by Mr Joseph Murphy jnr, Mr Bailey and himself. Counsel asked Mr Bailey if there was considerable disagreement on most of the facts. Mr Bailey said that was right.
He agreed with Mr O'Neill that he disputed everything that Mr Gogarty said apart from the fact that two envelopes were passed over to Mr Burke.
Mr Bailey said he agreed that at a meeting in 1990 he offered to resell to Murphys 50 per cent of the lands for £8 million, but Mr Murphy jnr was not there, as Mr Gogarty had claimed.
Mr Bailey was asked about another meeting which Mr Gogarty said took place and at which a cheque for £50,000 was put in his pocket by Mr Bailey, who told him (Gogarty) to forget the past and legal proceedings.