Tribunal denies bullying Cosgrove over payment allegations

THE Flood Tribunal has rejected claims that it attempted to bully Fine Gael councillor, Liam Cosgrave, over fresh allegations that he received a corrupt payment from the political lobbyist, Frank Dunlop.

The Tribunal also dismissed objections by Mr Cosgrave’s legal team that it had acted in a manner inconsistent with fair procedures.

Barrister, Michael O’Higgins SC complained yesterday that the Tribunal had “malfunctioned” over its failure to question Mr Dunlop why he had lied during his original evidence in April 2000. Mr O’Higgins said it was not appropriate that it should be left to lawyers who were cross-examining Mr Dunlop to conduct such an inquiry.

The barrister said Mr Cosgrave derived “absolutely zero satisfaction” if he was now being proven correct over his original concerns on the issue. Under cross-examination, Mr Dunlop revealed for the first time last week that he had discussed with politicians and property developers how they would reply to the Tribunal about various payments linked to controversial developments. He subsequently provided further statements including lists of the names of such individuals to the Tribunal.

Mr O’Higgins said it was unsatisfactory that the former Fine Gael TD was now faced with a series of new allegations against him, including one about an additional payment. Mr Dunlop has already alleged that he paid a number of bribes worth about around £15,000 to Mr Cosgrave in return for his support of controversial rezoning motions.

Mr O’Higgins criticised the Tribunal for not “raising as much as an eyebrow” to find out why Mr Dunlop was only now drawing attention to this matter for the first time. He also accused the Tribunal of not following fair procedures in the manner in which it had address a follow-up letter to his client.

Mr O’Higgins claimed the letter was written in a coercive and bullying tone which was “a product of another era”.

It appeared the Tribunal wanted Mr Cosgrave to put his version of events on the record before he even knew the details of the new allegations against him. He said such an approach was at variance with established legal principles with regard to fair procedure.

However, Tribunal member, Mr Justice Alan Mahon remarked that the barrister’s description of the tone of the letter was “quite incorrect”. He pointed out that the letter was simply a request to make a statement about evidence which had emerged.

Tribunal barrister John Gallagher SC said to suggest normal legal protections were not being provided to any witness was “manifestly wrong”.

Tribunal chairman, Mr Justice Feargus Flood said the Tribunal had merely invited and not ordered Mr Cosgrave to make a new statement. Mr Justice Flood said Mr O’Higgins description of the letter was “wholly inaccurate and misleading”.

Mr O’Higgins later apologised for overstepping the mark in his comments.