Dead man’s family fails to stop Flood

THE Flood Tribunal has rejected an application by the family of a deceased Fine Gael councillor, Tom Hand, that it should not inquire into allegations he was involved in planning corruption.

Mr Hand’s widow and children had sought to prevent the tribunal investigating claims made against him by the political lobbyist Frank Dunlop.

Lawyers for Mr Hand’s relatives claimed last week the tribunal was incapable of conducting a full and fair hearing into Mr Dunlop’s allegations about their father because he is deceased.

Mr Hand was one of nine councillors Mr Dunlop claims were paid a total of £20,000 in return for their support on rezoning motions of lands owned by Paisley Park Investments in Carrickmines, Co Dublin during the 1990s.

The PR consultant told the Tribunal he gave Mr Hand £3,000 on behalf of Paisley Park.

Mr Hand, a former member of Dun Laoghaire-Rathdown Council, was signatory to an unsuccessful motion to rezone the Paisley Park lands in 1992. The offshore company was owned by tax exile Jim Kennedy and solicitor John Caldwell and has been linked to the former Fianna Fáil TD Liam Lawlor.

In a ruling yesterday tribunal chairman Mr Justice Feargus Flood said there were many instances, such as road traffic accidents, where the Courts are required to hear evidence of alleged wrongdoing on the part of deceased people.

“There is therefore clearly nothing to prohibit a court or tribunal such as this one from hearing and considering evidence, including allegations of wrongdoing, against an individual who has since died, notwithstanding the fact that the individual cannot give evidence to refute such allegations,” said Mr Justice Flood.

He claimed the well-established fact that the estate of a deceased person could not recover damages for defamation of that person was irrelevant in the current proceedings.

However, Mr Justice Flood stressed that “due and proper regard” would always be afforded to the family of a deceased person because of the relative disadvantage in which they were placed.

Mr Hand’s family also sought the same legal representation as is being provided to several councillors facing similar allegations.

Last week the family expressed concern that their ability to defend Mr Hand’s name might be restricted because, in law, deceased persons cannot be libelled.

However, Mr Justice Flood said yesterday he is prepared to extend the family’s limited legal representation from the interests of Mr Hand’s estate to include matters and allegations which potentially damage his reputation and good name.

But he turned down an application in which the Hand family asked to see evidence of all allegations against him, rather than just documentation relating to the current module.

The chairman said the reason for this refusal was to ensure the present inquiry is conducted in an orderly and fair manner.