The trial of a man accused of the theft of a planning file in Co Meath was told yesterday that the defendant was a private detective investigating allegations of planning corruption in Navan.
William "Billy" Flynn (60) of Thistlewaite House, Rathcore, Enfield, Co Meath, pleaded not guilty to dishonestly appropriating the 11-year-old file at Navan Town Council's offices on Watergate Street on December 23rd, 2003.
Council officials have told the court the defendant had no permission to remove file TP 50/95 which relates to a site at Timmons Hill in Navan. The original owner claims he sold it to the council for use as a car park, but a developer bought it later and built apartments on it.
The jury at Trim Circuit Criminal Court was told yesterday that on the date the file was removed, the accused handed in a letter for town clerk Fergus Muldoon saying he was taking it to make copies as he alleged that he had discovered documents had been stolen from the file.
He said he would pass on the original file to the Garda and would return a certified copy on January 6th, 2004.
Mr Flynn claimed he had found 35 discrepancies in the report by a civil servant appointed to investigate concerns about the land deal. The court heard most of the file was returned to then superintendent in Navan Eamonn Courtney on December 30th and the accused handed over maps and drawings which were not included, when gardaí arrived at his home with a search warrant.
He alleges that several months before Navan Urban District Council acquired the site, a firm named Eracase Ltd had instructed architects that it owned the land and instructed them to draw up plans. Loman Dempsey, a brother of Minister for Communications Noel Dempsey, is a director of Eracase.
Barrister Alan Toale, defending, has argued that gardaí did not fully investigate his client's complaints and failed to talk to all the material witnesses. He claims John Donoghue, Navan's former town clerk, was only interviewed last Monday.
He was quoted in a local newspaper in December 2003 saying a draft letter seeking ministerial approval was missing from the file. But Mr Courtney insisted the allegations of planning irregularities had been fully investigated. He said several officers had been appointed to investigate the issue, including a detective who was seconded from the Garda National Bureau of Fraud Investigation.
He told the court two separate land deals had been looked at. One inquiry ended on the advice of the office of the Director of Public Prosecutions but the second, which related to the Timmons Hill site was continuing to the best of his knowledge. Mr Courtney said he had told the defendant he could not act on hearsay and he needed evidence rather than "suspicions, innuendos or theories".
He said he was surprised to hear the former town clerk had only recently been interviewed as he said he remembered telling him he would be questioned around the time of a debriefing after one of the concerts at Slane Castle.
He said Mr Donoghue would know he could pick up the phone and contact him at any time if he had any concerns.
Mr Courtney added that there were more pressing issues in the district than the planning inquiry, but even so it was treated seriously at all times.
The trial continues today.