A Kerry hotel owner received a substantial settlement yesterday in his action over the bar and catering franchises at Tralee greyhound track being given to a rival. Mr James Browne, of White Sands Hotel,
Ballyheige, Tralee, settled his proceedings against Bord na gCon and the Kingdom Racing Company Ltd in the High Court. The case was struck out by Mr Justice Smyth with no order as to costs.
In an agreed statement the Kingdom Greyhound Racing Company also apologised for any inconvenience caused to Mr Browne, and admitted that the 1997 tendering process was flawed and in disregard of proper procedures.
Details of the settlement were not disclosed, but it is understood the amount was substantial.
Mr Browne brought the action against the decision by the board and the Kingdom Racing Company to grant the franchise to Mr William
Kirby, the Brogue Inn, Tralee.
An earlier hearing was told that Mr Browne had the highest tender at £34,000 for the franchise, but it was indicated by one of the members of the tender interview board that Mr Browne would not succeed.
The court also heard that it appeared that the person who got the tender, Mr Kirby, had submitted the successful tender after the closing date.
In an affidavit to the earlier hearing, Mr Browne said he believed
Mr Kirby was permitted to re-tender at a higher price of £
30,000, compared to his original tender price of £8,000. Mr
Browne also said he believed the decision to permit Mr Kirby to re-tender at a higher price without notice to him (Mr Browne)
constituted a serious denial of fair procedures.
Mr Browne had the catering franchise for racecourses at Listowel,
Tralee, Clonmel and Limerick, and provided catering at coursing meetings at Clonmel, Clounanna and Tipperary.