Lawyers for Cosgrave want tribunal halted

LAWYERS for former Fine Gael TD Liam Cosgrave have called on the Flood Tribunal to be halted over claims it has failed to adequately test the credibility of the evidence of Frank Dunlop.

Mr Cosgrave’s legal team also hinted that they are considering a High Court challenge to the work of the tribunal after they highlighted several alleged flaws in the conduct of the five-year-old inquiry.

Michael O’Higgins SC, for Mr Cosgrave, said they were deeply concerned about the manner in which the tribunal has approached the evidence of someone who had “systematically and comprehensively lied” to the inquiry.

Mr Cosgrave’s lawyers yesterday made an application seeking greater access to the vast documentation held by the tribunal on Mr Dunlop and his numerous dealings with property developers and politicians.

Mr O’Higgins also complained about Mr Cosgrave’s ability to challenge allegations by Mr Dunlop that the former Dun Laoghaire deputy was involved in planning corruption without such access.

The political lobbyist has claimed that Mr Cosgrave actively sought payments in return for his support of controversial rezoning motions of land at Carrickmines in south Dublin during the 1990s.

The tribunal has heard allegations that Mr Cosgrave was given at least two individual bribes worth £7,000 from Mr Dunlop as well as other payments.

Mr Cosgrave’s lawyers argue that the withholding of information relating to Mr Dunlop by the tribunal is unlawful. They have accused the tribunal of “exercising bad judgment” by departing from normal legal procedures.

They claimed it was abundantly clear that the tribunal had undisclosed information which was capable of raising questions about Mr Dunlop’s credibility, while his client remained “under a cloud of suspicion.”

Mr O’Higgins pointed out that the tribunal had a constitutional duty to protect the good name and reputation of people who came before it.

“If the situation is that the manner in which the tribunal has been run does not afford that protection, the tribunal has to stand down,” Mr O’Higgins said. He claimed the scale and nature of the tribunal’s failure to discharge its responsibility had compromised its ability to continue its work.

Mr O’Higgins warned the tribunal that it would demonstrate “gross naivety” if it accepted Mr Dunlop’s assertion that he had nothing to gain by telling lies now.

He also sought clarification from the tribunal on whether it has referred any of Mr Dunlop’s oral evidence to the DPP.

Mr O’Higgins claimed Mr Dunlop’s testimony to date had contained prima facie evidence of a number of criminal offences including perjury, corruption, fraud and obstruction of a tribunal.

He also criticised the former Government press secretary, who he said had appeared to portray himself as a victim. “For Mr Dunlop to compare himself to councillors is like comparing sharks to minnows on the basis that they are both fish.”