Quarryvale
From Mahon Tribunal
The Quarryvale Module is a wide ranging inquiry dealing with the redevelopment of lands at Quarryvale, County Dubin, upon which the Liffey Valley Shopping Centre now stands. The Tribunal is examining the involvement of developers, politicians at national and local level, local authority officials and lobbyists in the rezoning of those lands. Ultimately, the inquiry being conducted is trying to determine whether any acts connected with the process amounted to corruption.
Contents |
[edit] Investigation
On November 29, 2005, the Tribunal outlined the detail of the Quarryvale module. Transcript
For practical reasons, the module was divided into two. The first phase dealt with matters up to 1990, and the second phase from late 1989 onwards (there is overlap).
[edit] First phase
Bachelors Walk
[edit] Second phase
The second phase looks at planning in relation to lands now known as Liffey Valley (Quarryvale). This phase is known as Quarryvale II.
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By April/May 1988 Tom Gilmartin identified a site at Quarryvale as suitable for retail development.
He spent £4.5 million on the project and acquiring lands around Quarryvale. By early 1990, Mr Gilmartin via his company Barkhill, needed more money to complete the acquisition. He approached AIB, who gave him a loan of more than £8 million in February 1990.
When Mr Gilmartin was unable to repay the loan by August 1990, AIB became concerned. The bank knew Owen O'Callaghan and urged Mr Gilmartin to take on a partner. Mr Gilmartin did so reluctantly. In September 1991 AIB became a 20% shareholder in Barkhill, and O'Callaghan via Riga Limited a 40% shareholder.
Under the 1983 Development Plan for Dublin, town centre designation lay not in Quarryvale but further south in Neilstown. These lands were zoned D for retail development. Quarryvale had no such zoning.
As a primary objective, Barkhill, with O'Callaghan and Gilmartin as partners, wished for the transfer of D zoning from the Neilstown site to the Quarryvale site. Mr O'Callaghan via the company Merrygrove, had agreed to purchase the lands at Neilstown from Dublin Corporation.
In order to bring about this rezoning, O'Callaghan employed the services of lobbyist Frank Dunlop. Between February 1991 and June 1991, Riga spent £230,000 on behalf of Barkhill (now 40% owned by O'Callaghan) to companies including the Frank Dunlop company, Shefran. Shefran was used to hide Mr. Dunlop's activities from Tom Gilmartin, who had refused to agree to Mr. Dunlop's involvment with the project. Mr Dunlop alleges he used this money to bribe councillors.
On May 16, 1991, Dublin County Council voted in favour of transferring retail zoning from Neilstown to Quarryvale.
On April 26, 1994, South Dublin County Council approved the plan. The site involved the 118-acre site owned by Owen O'Callaghan, who planned to spend £50m on the project.
On May 24, 1994, two businessmen objected to the decision through An Bord Pleanala.
[edit] Allegations
[edit] Payments to Bertie Ahern
Tom Gilmartin alleges that Owen O'Callaghan told him that he (Mr O'Callaghan) made donations totalling £80,000 cash to Mr Ahern. Following this allegation, the Tribunal examined the bank accounts of Mr Ahern.
The Tribunal discovered that Mr Ahern had no personal records of income or expenditure, nor had he operated any personal bank accounts between 1987 and the conclusion of his legal separation proceedings in December 1993.
Mr Ahern told the tribunal he saved £50,000 in cash between 1987 and 1993. The Tribunal sought discovery of Mr Ahern's bank records from 1993 onwards. It discovered five cash lodgments totalling £116,481.11 made to the accounts of Mr Ahern, and in one instance to an account in the name of his daughters between December 1993 and December 1995.
[edit] Payments to Albert Reynolds
[edit] Payments to Micheal Martin
[edit] Delays
The Quarryvale II module began on November 29, 2005, however it was to face numerous delays. On December 8, 2005, the Tribunal was restrained by order of the High Court from continuing with the module due to legal action taken by Owen O'Callaghan and John Deane.
The case came before the High Court on March 28, 2006. Judgement was reserved. On October 10, 2006, the judgement of the High Court was delivered, refusing Mr O'Callaghan and Mr Deane the relief they had sought and dismissing their claim.
On October 13, 2006 they gave notice of their intention to appeal to the Supreme Court. The Supreme Court hearing commenced on January 22, 2007. On March 30, 2007 the Supreme Court dismissed their appeal.
The tribunal gave notice of its intention to resume public hearings on April 30, 2007. When the General Election was called on April 29, 2007, this was deferred until May 28, when the tribunal began Quarryvale II.
