The trial of Galway county councillor Michael Fahy has heard testimony from council officials who denied they had reached any arrangement with the defendant on the provision of fencing in exchange for stone.
Mr Fahy is charged with the misappropriation of council funds and his trial entered its second day before a jury at Galway Circuit Criminal Court yesterday.
Mr Fahy (57), who lives with his elderly mother at Caherduff, Ardrahan, has been an elected member of the council since 1979. He resigned from Fianna Fáil when these charges were preferred against him and continues to serve as an Independent member of the council.
He denies eight charges of fraud against the council under the Larceny, Theft and Fraud Offences Act. Some of the charges allege that in 2001 and 2002, the accused caused £5,624 and £7,055 to be paid by the council to Thomas Byrne, trading as Byrne Fencing Ltd, for works carried out for his own use and benefit. He is also charged with attempted theft in 2003 by submitting invoices from a fencing company for €7,233 and €7,523.
Another charge denied by the accused relates to false accounting and attempting to make a gain for himself and cause a loss to the council by deception in 2003.
The charges relate to two community involvement schemes (CISs) involving road widening carried out in 2001 and again in 2003, adjacent to his farm.
Mr Fahy claims he gave valuable stone from his lands to the council as payment for fencing carried out on his lands while the CISs were in progress.
The trial heard that such schemes are designed for the benefit of local communities and officials from the council claim Mr Fahy used the schemes for his own benefit and gain.
Council officials directly involved in both CISs gave evidence yesterday denying they had reached any informal agreement with Mr Fahy that he would have fencing erected on his lands by the council in exchange for the stone, while the schemes were in progress.
Gort area engineer with the council John Costello said he took up that position in 2002 and at no stage did he come to any agreement with Mr Fahy about anything.
He said he became suspicious when Mr Fahy submitted invoices to him regarding the works. Mr Fahy later wrote to Mr Costello stating he wished to withdraw his request to the council for funding.