A payment to a Northern Ireland businessman in relation to the Doncaster property deal was conditional on agreement on the non-release of information to third parties, the tribunal heard.
The tribunal is investigating whether Michael Lowry had any involvement in the £4.3 million sterling transaction, which Denis O'Brien has said is exclusively his and has no connection with Mr Lowry.
Mr Lowry's accountant, Denis O'Connor, has told the tribunal he agreed to a request from Denis O'Brien's father, Denis O'Brien senior, to assist in seeking to settle a dispute over fees with Kevin Phelan, who had acted in the Doncaster deal.
Mr O'Connor told Jerry Healy SC, for the tribunal, that as the dispute neared resolution, he agreed to act as a "conduit" between Mr Phelan and the O'Brien family solicitors, William Fry, and collect files on the Doncaster project and deliver them to William Fry. He said he been asked by William Fry to do this.
Mr Healy asked if it wasn't "odd" to have a senior partner in a firm of accountants collecting files rather than having them couriered. Mr O'Connor, a partner with Brophy Butler Thornton, Dublin, said the question should be addressed elsewhere. He had agreed to collect the files in the context of an overall settlement, as he was anxious to see the matter brought to an end.
"If I had to drive somewhere to see the end of this, I was happy to." Mr O'Connor said he would not have gone to Timbuktu. Mr Healy asked him if he would have travelled to England to collect the files and Mr O'Connor said no. Mr Healy asked if he would have travelled to Omagh (where Mr Phelan lives). Mr O'Connor said: "I can't say, maybe, it didn't arise."
Documents from the files of William Fry indicate that at some stage Mr Phelan's solicitors became aware of a request from Mr O'Connor to Mr Phelan for the files, and expressed concern about the matter to William Fry. The concern was in the context of agreements on the non-release of documents to third parties.
The files indicate that Mr O'Connor was then asked to withdraw the request and that a commitment to non-release was sought from Mr Phelan.
Mr O'Connor said he had not asked for the files and had not been interested in the files. He said he never received any files from Kevin Phelan. "It never happened. I don't know what files there were." Mr O'Connor said he had no files on his dealings with Mr Phelan, as he had given them to Mr Phelan after his various dealings with him, which included Doncaster, had been completed. These dealings occurred during 2001 and 2002.
Mr Healy asked why Mr O'Connor had given his file on his dealings with Mr Phelan to Mr Phelan. Mr O'Connor said: "He asked for it back, he insisted on having it back. He said all matters are now closed." Mr Healy asked why Mr Phelan would want Mr O'Connor's file. Mr O'Connor said: "He regarded it as his file."
Mr O'Connor told the tribunal he was not paid for the work he did in relation to the dispute with Mr Phelan concerning Doncaster. He was also not paid for his work in relation to other property deals in England with which Mr Phelan and Mr Lowry had an involvement and which also involved disputes.
