Mr James Gogarty had sole responsibility for the Murphy group lands in north Co Dublin and was the only negotiator involved in the sale of those lands to Bovale Developments, Mr Colm Allen SC told the Flood tribunal yesterday.
Mr Allen, who represents the Baileys and their company Bovale Developments, revealed that Mr Michael Bailey will give evidence that he has not, "to this day", met Mr Joe Murphy snr and dealt only with Mr Gogarty.
The assertion was rejected out of hand by Mr Gogarty, who told Mr Allen that in addition to himself, Mr Joe Murphy snr, Mr Joe Murphy jnr, Mr Roger Copsey, Mr Frank Reynolds and the auctioneers Duffy Mangan and Butler were all involved in the sale of lands to Bovale Developments.
Mr Gogarty also rejected as a "lie" another assertion that Mr Michael and Mr Thomas Bailey called to Mr Gogarty's then home in Clontarf as recently as 1996 or 1997 to get a list of addresses and telephone numbers for the Murphy family.
Mr Allen referred to Mr Gogarty's affidavit in which he said: "Joseph Murphy snr told me that there was a builder called Michael Bailey whom he had previously known from London, who he said also had a good relationship with George Redmond and that Liam Conroy and Michael Bailey between them could arrange a meeting for me with George Redmond. As arranged by Joseph Murphy snr I met Michael Bailey for the first time in late April, early May 1998."
Mr Allen put it to Mr Gogarty that this account was false and Mr Gogarty said "sure I have a pain in me face listening to you saying everything I say is false".
Mr Gogarty continued with a plea to be allowed read the affidavit of the late Mr Liam Conroy, which he said would enable him to "start at the beginning and tell the truth". The chairman replied that he couldn't read the affidavit at the moment.
After a short break to allow Mr Gogarty to compose himself, Mr Allen asked Mr Gogarty if he remembered a meeting in his Clontarf home on June 6th, 1997. Mr Gogarty replied that "they never called to my house".
Mr Allen then produced a two-page hand-written document detailing the addresses and telephone numbers of the Murphy family homes and solicitors who acted for the family and its companies. He asked if Mr Gogarty remembered handing the list to the Baileys at the meeting in his home.
Mr Gogarty said he did not. He identified the handwriting as his own but said the date "6/6/'96" appeared with the six of '96 crossed out and a seven written in its place. He said the alteration to '97 was not his handwriting.
Mr Allen said it would be Mr Michael Bailey's evidence that Mr Gogarty had given him the document at his home, a claim Mr Gogarty described as "a lie".
However, Mr Allen again consulted the transcript of Mr Gogarty's cross-examination by Mr Garrett Cooney SC for the Murphy group, pointing out that Mr Cooney had asked "Did he [Mr Michael Bailey] visit you?"
According to the transcript Mr Gogarty had replied "in my home?" Mr Cooney had responded "yes". To which Mr Gogarty replied "oh that was a long time after, long after the sale".
