Lowry denies knowledge of property deal letters
Britain-based solicitor Christopher Vaughan made three references to a “Michael” in his letter, dated
September 5, 2000, to property agent Kevin Phelan, of Omagh, Co Tyrone, regarding the stg£445,000 Cheadle property. Mr Lowry told the tribunal: “If it refers to me, it’s a mistaken impression.” He said he was not happy that Mr Vaughan confused his position and he had no knowledge of the letters. The letter, recently given to the tribunal by an Irish Times journalist, said “Michael wants to own the property in his own name for a month prior to the sale to Thistlewood Estates.”
Mr Lowry told tribunal counsel Jerry Healy he was not involved in the Cheadle property after January 2000 and his partner in the venture, Aidan Phelan, was then responsible for a Woodchester Bank loan.
In the final paragraph, Mr Vaughan also wrote: “I have not written to Michael about this as I get concerned about correspondence going to him, but a copy has been sent to Aidan as he needs to keep the mortgage lender happy as to the loan that Michael took out.” Questioned about this, Mr Lowry said if the “Michael” referred to himself, it was clearly wrong. Mr Lowry was also questioned about two versions of another letter, dated July 12, 2000, sent by Mr Vaughan to Kevin Phelan. One version recalled the property was purchased in Mr Vaughan’s name “as trustee for Aidan Phelan”. A second version said the property was purchased in Mr Vaughan’s name “as trustee for our client”.
Recalling his own evidence last year, Mr Lowry said the cessation of his involvement in the Cheadle property in January 2000 had been confirmed by Mr Vaughan in a letter to Mr Lowry’s own solicitors.
Pointing to a series of differences in layout, spelling and phrasing, Mr Healy suggested the letters were “different in a myriad number of ways” and could not be explained by a mistake that was taken out of a previous draft.
Mr Healy said this suggested a deliberate reconstitution of the letter. Mr Lowry said he thought the two versions were not written on the same day, but were rewritten by Mr Vaughan “for whatever reason he had”. Only Mr Vaughan could explain it, he said. “As my solicitor, he certainly would have had no instruction from me in regard to that”. Mr Lowry said he was not happy two versions of the letters existed. Mr Vaughan had responded to queries by Mr Lowry’s solicitors about them “and it’s a matter for the tribunal to make a decision on that,” he said.
Kevin Phelan, who is refusing to give evidence to the tribunal, acted as an agent for both Mr Lowry and Aidan Phelan, former associate of businessman Denis O’Brien, in the purchase of British properties. Mr Vaughan is also refusing to give evidence in public session. Aidan Phelan, who also lives outside the State, is due to testify next October when the tribunal resumes.
