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Background to the Charge on DUBLIN CORPORATION property…

 

 

Audio Segment 1           Less than TWO months after Mr Alan Costello (ex-detective and used-car dealer) had signed a guarantee for his daughter's Lease
                                      on the ground-floor shop at 372 Clontarf Road , Dublin 3 , on the 19th of May 1993 ;  this Charge was created by  G SAUNDERS
                                      & COMPANY LIMITED -  the DUBLIN CORPORATION'S favoured property development company.
                                      Company number 034654 , Document Sequence number 022 ; a company in which Mr Alan Costello was both director and share-
                                      holder , and relates to DUBLIN CORPORATION properties in both Coolock and North Strand in Dublin ;  SPECIFICALLY , the
                                      property charged being :

 

                                                        "  ALL THAT AND THOSE that part of the Estate of the Corporation being the plot of ground situate at Coolock
                                                           Industrial Estate in the County of Dublin as more particularily delineated on the map attached to Lease dated the
                                                           15th December 1989 and made between DUBLIN CORPORATION and
                                                                             G. SAUNDERS and COMPANY LIMITED                                                                       "

                                                                                                                   AND

                                                        "  ALL THAT AND THOSE that part of the Estate of the Corporation being the two story warehouse and office
                                                           building known or formerly known as 46 - 49 inclusive North Clarence Street and 19 - 28 inclusive Dunne Street
                                                           in the City of Dublin and more particularily delineated on a map attached to a Lease dated 15th December 1990
                                                           and made between DUBLIN CORPORATION  and
                                                                             G SAUNDERS and COMPANY LIMITED                                                                       "

                                      Mr Costello's wife , Kay Costello , was also a director of this company.     Mr Donal Costello was also a director and shareholder
                                      in this company.

                                      Mr Joseph Burke of :

132 Pinebrook Road ,          Artane ,
Dublin 5 ,


                                      who was also a shareholder in this company was appointed a director on the same date in 1982 as Mr Donal Costello.

                                      Mr George Graham was appointed the company secretary on the 21st of June 1982 , replacing Mr Alan Costello who resigned on
                                      the same date(in addition the company's registered offices was changed to 143 Edenmore Crescent Dublin 5  ; George Graham's
                                      address on the seventh of July 1982 ).

                                      GUINNESS & MAHON BANK LIMITED (Company number 034654 ) was at the CENTER of the investigations of the
                                      MORIARTY TRIBUNAL of enquiry set-up by Mr B Ahern's government on the 26th of September 1997 ; to enquire into the
                                      details and also the source of the payments made to Mr Charles Haughey through the ANBACHER ( and off-shore
                                      ANBACHER CAYMAN BANKS ) and whether any benefactors were granted political favours by Haughey in return.

                                      A quite SEPARATE INVESTIGATION was set-up by Mr B Ahern and his vice-Prime Minister , Ms Mary Harney , into the
                                      ANSBACHER DEPOSITS.
                                      Oddly enough , the investigator in this instance was not a senior judge,  as in the case of the MORIARTY and FLOOD Tribunals ,
                                      nor even an independent reputable or foreign accountant ; but a junior civil servant in Ms Mary Harney's Department of Enterprise ,
                                      Trade and Employment - one Mr Gerry Ryan...

                                      This so-called investigation was distinguished from the others insofar as it ( and its findings , if any ) were kept under firm
                                      POLITICAL CONTROL( some would say LOCK and KEY. ..).

                                      According to a report by Liz Walsh  , in the August 1998 edition of MAGILL magazine , Mr Ryan reported directly to Ms
                                      Mary Harney , and inquired into :

                                                                                                     Number 1

                                                             Coded records kept by Padraig Collery of GUINNESS & MAHON of secret ANSBACHER deposits
                                                             made by Irish residents over a 20 year period to a CAYMAN BANK ;  ANSBACHER CAYMAN
                                                             LIMITED...
                                                             Money redeposited into general accounts in Dublin's GUINNESS & MAHON BANK and later into IRISH
                                                             INTERCONTINENTAL BANK...

                                                                                                    Number 2

                                                             Loans from GUINNESS & MAHON to Tony O'Reilly...

                                                             Mr O'Reilly said he was only a depositor in a 12 month account held with GUINNESS & MAHON in 1972
                                                             and said HE never made contributions to either LOWRY or HAUGHEY...
 

                                      With ith regard to the ANSBACHER DEPOSITS investigation the article noted that ANSBACHER refused to co-operate with
                                      Ms Harney's enquiry , and obtained a court-order in the CAYMAN ISLANDS  - which effectively guaranteed LEGAL
                                      PROTECTION to its obstruction of   , what was ,essentially  , Ms Mary Harney's departmental investigation !

                                      It is open to question whether the court in the CAYMAN ISLANDS tax-haven would have been so accommodating with regard
                                      to granting court protection to ANSBACHER BANK ,  if the request for information regarding the ANSBACHER DEPOSITS ,
                                      had come from a fully-fledged Tribunal of Enquiry chaired by a panel of senior judges backed-up by a government with a...
                                    GENUINE politicial WILL to uncover the VERY SERIOUS CRIMINALITY behind the ANSBACHER DEPOSITS - instead
                                      of from a minor official  ,in a minor department ,  headed by a minor politician albeit one with MAJOR POLITICIAL ambitions...

                                      Two other inquiries relating to the ANSBACHER DEPOSITS were established by Ms Mary Harney and the same inspector
                                      Mr Gerry Ryan was appointed in each case :

                                      One , established in September 1997 was concerned with CELTIC HELICOPTERS,
                                      whose major shareholder is Mr Charles Haughey's son , Ciaran Haughey - the debts of whom to IRISH INTERCONINENTAL
                                      BANK , were secured from ANSBACHER CAYMAN funds held for Charles Haughey.

                                      The second inquiry , established by Ms Harney in June of 1998 , was concerned with KENTFORD SECURITIES - a company set-up
                                      indirectly by Mr Sam Field Corbett , business associate of Mr Charles Haughey in 1979 , and run by Des Traynor (Mr Haughey's
                                      accountant) to open accounts , into which,  the so-called politicial "donations" to Haughey were deposited(before they were moved
                                      on to Mr Haughey's ANSBACHER accounts...).

                                      After the monies were moved on  , the accounts in the name of KENTFORD SECURITIES were closed by Traynor to cover-up the
                                      transactions.
                                      Two former GUINNESS & MAHON directors Mr Maurice O'Kelly and Daniel O'Connor were directors of KENTFORD
                                      SECURITIES for a brief period.
 

                                      On June 5th 1997 , The Department of Finance , acting on the advice of the Director of Public Prosecutions gave the Garda
                                      Commissioner a file of documents - arising from the McCracken Tribunal - and sought his advice on a ...

          CRIMINAL INVESTIGATION

                                      into breaches of the law governing exchange controls On June 7th 1997 an investigation was launched into the con duct of the
                                      CENTRAL BANK...

                                      The CENTRAL BANK refused to comment...

                                      From Ms Walsh's report :

                                                             " ...compelling EVIDENCE EXISTS that some institutions , most notably GUINNESS & MAHON BANK
                                                               exceeded CENTRAL BANK guidelines that no deposit or GROUP OF DEPOSITS should account for
                                                               MORE THAN 5% of a BANKS DEPOSITS...
                                                               The Central Bank has a range of sanctions at its disposal including the REMOVAL OF A BANKERS LICENSE !
                                                               Despite this ACTION has YET to be taken by the CENTRAL BANK...                                                                 "

                                      In his biography of Charles Haughey , HAUGHEY : His Life and Unlucky Deeds , published in 1993 , pages 142 & 143 ,
                                      Bruce Arnold relates how Mr Haughey was endeavouring to deal with his overdraft with ALLIED IRISH BANK in 1980 :

                                                             "...Most intriguingly he spoke of the possibility of a 10 million deposit through a Middle Eastern Bank into the AIB
                                                                 at a LOWER INTEREST RATE than normal AIB documents name the RAFIDAIN BANK - a state-controlled
                                                                 Iraqi Bank..
                                                                 The suggestion - which AIB didn't fancy at all -  seems to have been that  RAFIDAIN would do AIB a favour -as
                                                                 long as AIB kept funding Haughey...
                                                                 That Haughey appeared to have , as early as the 1970's , a connection with a bank controlled by Saddam Hussein
                                                                 was disturbing...
                                                                 AIB , finally , dared at a meeting with Haughey on 1st October 1976 to get uppity , and to demand he return his
                                                                 chequebooks !
                                                                 According to an AIB memo at this point Mr Haughey became quite vicious.       He said that he would not give up
                                                                 his chequebooks , as , he had to live.       You're dealing with an adult raged Haughey , and no BANKER will talk
                                                                 to me in this manner !       If the BANK took drastic action ,  he said he could be a very troublesome adversary.
                                                                 This tantrum was enough to make the BANKERS back off and continue allowing Haughey to withdraw MONEY
                                                                 - THAT WASN'T his...
                                                                 By the middle of January 1980 , with Haughey now Taoiseach ,  he authorised his crooked accountant Des Traynor
                                                                 to finalise a settlement...

                                                                 It is clear from AIB documents that Traynor could take no action , nor enter any discussion on these matters
                                                                 these matters without Haughey's explicit direction The debt was now 1.143 million AIB agreed to take
                                                                 750,000 in settlement.
                                                                 The 390,000 could be written-off as a bad debt - and claimed against tax liabilities.

                                                                  As ever the taxpayer would pick up the tab...

                                                                  The 750,000 to settle the debt was channelled through GUINNESS & MAHON the PRIVATE BANK of
                                                                  which Haughey's crooked accountant friend Des Traynor was de facto Chief Executive , and in which Haughey
                                                                  now opened an account.

                                                                  The land deal with Patrick Gallagher was put into effect.
                                                                  Haughey got 300,000 supposedly as a down payment for land at Kinsealy.       The money was passed over but
                                                                  the land deal was never carried through...
                                                                  Haughey kept the down payment and kept the land !
                                                                  Gallagher was only too pleased to be of service to his hero...

                                                                  It was within GUINNESS & MAHON that Traynor organised the ANSBACHER DEPOSITS wherein
                                                                  Haughey's STERLING and Deutschmark accounts were coded S8 and S9 , and with Haughey now Taoiseach ,
                                                                  in complete con trol of FIANNA FAIL , a Taoiseach promising hard-nosed national housekeeping policies ;
                                                                  which pleased his business admirers - he was widely praised by the wealthy...

                                                                  Between 1979 and 1987 no less than 1.5 million poured into his personal accounts at GUINNESS & MAHON
                                                                  During that period Haughey eased out FIANNA FAIL'S Des Hanafin , whom he couldn't control , and got his
                                                                  own hands on the party's fund-raising mechanism...

                                                                  No one had the guts to ask Haughey where the money went...                                                                                 "
 

                                      GUINNESS & MAHON BANK LIMITED still held its DEBENTURE over all the assets of G. SAUNDERS & COMPANY
                                      LIMITED at the date of the creation of this Charge( 15th. July 1993 ).

                                      Margaret Murphy's , structurally-sound , single-storey cottage at :

373 Clontarf Road ,                                      Dublin 3 ,

                                      which had an outside w.c. suitable                    ______________________________________________[ END of Audio Segment 1 ]

 Audio Segment 2           only for a small household , was demolished in April 1982  , by the Dublin Corporation without
                                      any consultation , or warning given to the adjoining property owners !

                                      Major damage was done to the party gable wall between 372 and 373 Clontarf Road by the DUBLIN CORPORATION  - in their
                                      eagerness to demolish 373 Clontarf Road ( both the cottage to the front of 373 , but more particularly its outside w.c. and
                                       associated rudimentary DRAINAGE SYSTEM ).

                                     The totally unnecessary , and questionable destruction of Margaret Murphy's home at 373 Clontarf Road by the Dublin Corporation
                                      in 1982  , left a damaged and structurally-weakened party gable wall , on the North-Eastern side of 372 Clontarf Road , exposed to
                                      the elements -  and potential criminal trespass by vandals other than DUBLIN CORPORATION.

                                      The owner of 372 Clontarf Road , Mr. William Maguire , was left with a severely damaged and structurally-undermined premises ,
                                      opened to ingress by rain and sleet with bricks and rubble strewn everywhere , in short , a complete mess ;  which is one field of
                                      dubious expertise in which the Dublin Corporation , and its guiding forces : politicians like Mr Charles J Haughey , Mr Padraig Flynn ,
                                      and...

                                      Mr Raphael Burke...

                                      are the undisputed leaders -  perhaps the ONLY field...
                                      As a con sequence of this mess created by Dublin Corporation ,  and being unable to obtain any legal redress for the damage caused
                                      to his premises at 372 , Mr William Maguire was forced to pay for the essential materials and repairs to his premises out of his own
                                      limited resources !

                                      The effects of all these arrogant and imperious actions of questionable legality by the Dublin Corporation amounting to quite
                                      deliberate harassment ( for reasons , as became apparent years later on the 10th of September 1992 , which were clearly CRIMINAL
                                      in design , execution , and effect ),  were not only felt in the financial sense , but also , and MORE IMPORTANTLY ; in terms of stress
                                      and aggravation leading to a marked deterioration in Mr Maguire's health - ultimately leading to several heart attacks.

                                      The net result for Mr Maguire as a result of Dublin Corporations actions under the Minister for the Environment Mr Raphael Burke
                                      sanctioned by Mr Charles Haughey's government was therefore a very marked deterioration in the quality of life ; not only for Mr
                                      William Maguire himself , but also for his family; and with no possibility whatsoever of calling the Dublin Corporation vandals or
                                      their political masters to account in any court of law in Mr Charles Haughey's State .
                                      Since , Mr Charles Haughey ( being an honoured - not to mention esteemed - past legal graduate of the KINGS INNS training
                                      centre in Dublin ) had ensured that , any legislation which he and his Justice Minister Mr Ray Burke had overseen through its passage
                                      into law favoured them (and their accomplices...)  alone , in any legal dispute !

                                      Mr Charles Haughey was Prime Minister from the 9th of March untill 14th of December 1982 and Mr Ray Burke was his Minister
                                      for the Environment when Dublin   Corporation    entered      and         demolished         373           Clontarf Road in this period !

                                      The term G U B U...
                                      GOO-BOO , or GROTESQUE UNBELIEVABLE BIZZARE UNPRECEDENTED was later coined by the celebrated writer
                                      and broadcaster Dr Conor Cruise O'Brien to describe the corruption and scandal-ridden months , characteristic of Mr Haughey's
                                      tenure as Prime Minister in 1982..

                                      Interestingly enough , the Certificate of Incorporation of G SAUNDERS & COMPANY LTD was issued by the Registrar of
                                      Companies in Dublin on the 18th of June 1982 even though the company itself was incorporated on the 30th of June 1971.
                                      On the 29th July 1988 Joseph Burke resigned as Director and Secretary of the company to be replaced by J. N. K. ADVISORY
                                      SERVICES LIMITED of :

101 Furry Park Road ,
Dublin 5  ,

 

                                      as Company secretary - the address in Raheny. Dublin quite close to Mr Charles Haughey's former home..." Cill Eanna "...
                                      On the same date , Mr. Alan Costello was appointed a director !

                                      On 3rd. November 1988 Donal Costello resigned to be replaced by Mr Joseph Kenny of the same address in Raheny as J.N.K.
                                      ADVISORY SERVICES LIMITED.

                                      On the 10th. August 1989 a Special Resolution was passed giving the directors borrowing powers without any limit ...

                                      In Mr Ryle T Dwyer's biography of Mr Charles Haughey , SHORT FELLOW ,  published in 1999 , page 315  ,Mr Dwyer
                                      writes :
                                                             "...On the 20th of January 1987 when Garrett Fitzgerald resigned and called a general election Haughey owed
                                                                 GUINNESS & MAHON   280,000 .
                                                                 As the GENERAL-ELECTION campaign got under way six cheques from Dunnes Stores totalling 32,000 were
                                                                 lodged at GUINNESS & MAHON for HAUGHEY's benefit...   "

                                      Mr Cathal O'Neill , solicitor , countersigned the G. SAUNDERS & COMPANY LIMITED Charge on the 15th of July 1993
                                      on behalf of Eugene F Collins , solicitors , acting for SMURFIT FINANCE LIMITED.
 
 

                                      EUGENE F. COLLINS , solicitors ,  of :

" TEMPLE CHAMBERS " ,
3 Burlington Road Dublin 4 ,

 

                                      { Eugene F Collins , solicitors ,  also acted for the DUBLIN CORPORATION rates department in December 1998 and April 1999
                                         when the RATes department sued the owner of 372 Clontarf Road over arrears of rates due to the Dublin Corporation since
                                         the departure of Mr Alan Costello's daughter , in November 1995 !

                                         Ms N. Costello received a rates credit from the DUBLIN CORPORATION from May of 1993 when she took-over the
                                         Lease of 372 , after Mr Lonan Hickey left suddenly -  still owing several weeks rent !
                                         Mr Hickey later claimed that his accountant backers had suddenly withdrawn support from his business.        }

                                     This Charge corresponds to the other Charge of the same date , that is , the 15th of July 1993 , created by COURTHAMPTON
                                     WAREHOUSING LIMITED ( Company number : 128837 ,  Document Sequence number :  009 ) , for a secured amount of
                                     250,000  sterling ...

                                     The security being :

                                                        "  ALL MOTOR CARS TRACTORS LORRIES and OTHER VEHICULAR MACHINERY OF THE
                                                           MORTGAGOR.  In addition , and also by way of floating charge ALL ITS ASSETS WHATSOEVER AND
                                                           WHERESOEVER BOTH PRESENT AND FUTURE...                                                                                 "
 

                                      Mr Cathal O'Neill solicitor also countersigned the COURTHAMPTON WAREHOUSING LIMITED Charge on the 15th of
                                      July 1993 on behalf of Eugene F Collins , solicitors , again acting for SMURFIT FINANCE LIMITED.

                                      The same Mr Cathal O'Neill , solicitor , also acted for Mr Alan Costello when he covertly tendered for 372 Clontarf Road , in
                                      August 1999 using HAMILTON OSBORNE KING , the estate agents , as a front to conceal the fact that he Alan Costello
                                      had made two tenders for 372 one in his own name and one using , Mr Adam Clarke ( the manager of HAMILTON OSBORNE
                                      KING's VERNON AVENUE branch ) who stated in ' his' letter of tender that , he (Adam Clarke) was acting in trust for a buyer
                                      or buyers who do not want their identity known to the owner of 372 or... the general public...

                                      Funnily enough , both Mr Alan Costello's and Mr Adam Clarke's letters of tender were both dated the 18th of August 1999.

                                      Both of these charges ; the Charge created by G SAUNDERS & COMPANY LIMITED and the Charge created by
                                      COURTHAMPTON WAREHOUSING LIMITED were due to SMURFIT FINANCE LIMITED of :

94 Saint Stephens Green ,
Dublin 2 ,

 

                                      The Company Secretary of SMURFIT FINANCE LIMITED , Mr. Gerard Delaney , of :

 

14 TEMPLE Park , 
Dartry ,
Dublin 6 ,

 

                                      resigned from the company on the 23rd. of July 1998(Company number : 065808 ,  Document Sequence number : 2066120 ).

                                      In the Annual Return  of SMURFIT FINANCE LIMITED for the Financial Year ending the 31st of December 1989 , made-up
                                      to the 26th day of December , 1991( Document Sequence number : 572842 ) ; the said Annual Return was still NOT registered in
                                      the Companies Registration Office in Dublin up to the 5th of August 1998 ; the directors included   :

                                      Leo James Martin , of   :

70 Saint Lawrence's Road ,
Dublin 3 ,

 

                                      Mr Martin was appointed a director of SMURFIT FINANCE LIMITED along with HOWARD EDWARD KILROY ,
                                      the former GOVERNOR of THE BANK OF IRELAND on the 12th of January 1979.
                                      The company name then was STRONGBOW TRUST LIMITED and the name was later changed to SMURFIT FINANCE
                                      LIMITED on the 24th of January 1984...

                                      Mr Martin was a director of A. H. MASSER LIMITED , of :

Kylemore Road ,
Dublin 12  ,

 

                                      which had recently been allotted 10 D SHARES in the company.

                                      Mr Howard Kilroy was then a director of the BANK OF IRELAND LIMITED , whose subsidiary,  I.B.I. LIMITED of :

Pembroke Road ,
Ballsbridge ,
Dublin 4 ,

 

                                      had recently been allotted 10 C SHARES in the company.

                                     The remaining allottments , numbering  998 A SHARES and 1000 B SHARES were allotted to SMURFIT INVESTMENTS
                                    (IRELAND) LIMITED of :

Ballymount Road ,
Walkinstown ,
Dublin 12

 

                                      Another director of SMURFIT FINANCE LIMITED is Mr Raymond Michael Curran , of :

 

17 Ard na Mara Crescent ,
Malahide ,
County Dublin  ,

 

                                      Mr Curran's other directorships include the JEFFERSON SMURFIT GROUP PLC in which he has a VERY SUBSTANTIAL
                                      SHAREHOLDING including large SHARE OPTIONS , and where he held a very senior position as Director of Finance for the
                                      whole GROUP - until he was sent overseas , to take on the Finance position in the new SMURFIT STONE corporation in the
                                      U. S. A.
                                      He resigned that position shortly after the ENRON scandal broke in the U.S.A and new accounting standards (to prevent large-scale
                                      Corporate Fraud and Malpractice ) were       _______________________________________________[ END of Audio Segment 2 ]

Audio Segment 3            being introduced...
                                      A Ms Maeve Curran , a friend of Mr Alan Costello's daughter , moved into the shop at 371 Clontarf Road formerly known as
                                      DOLLYMOUNT APPLIANCES , early in 1997 ,  right next door to 372 Clontarf Road.
                                      She complained to the legitimate owner of 372 Clontarf Road , Mr William Maguire's son , that the NO TRESPASSING notice
                                      which he had erected to dissuade Mr Alan Costello - or his employee's -  from trespassing onto his land at 372 was discouraging
                                      people from entering her...shop at 371...

                                      A third director of SMURFIT FINANCE LIMITED , listed in the Annual Return for the Financial Year ending the 31st of December
                                      1989 was Michael John Hickey of :

5 Seaview Park ,
Shankhill ,
County Dublin  ,

 


                                      All of the directors of SMURFIT FINANCE LIMITED previously mentioned , listed as their business occupation...

CHARTERED  ACCOUNTANT...

                                      A Mr Lonan Hickey of  :

11 Church Avenue ,
Drum con dra ,
Dublin 9 ,

 

                                      signed a Lease on the shop at 372 Clontarf Road on the 10th of September 1992

                                      On the same day (  Simultaneously ..?) ,  a VESTING ORDER made under the DERELICT SITES ACT ,  number 14
                                      of 1990 enacted on the 27th of June 1990 was placed on 373  Clontarf Road , the former home of  Ms Margaret Murphy  ,whose
                                      will has NEVER been brought to probate !

                                      The DERELICT SITES ACT was created by Mr Charles Haughey's FIANNA FAIL and PROGRESSIVE DEMOCRAT
                                      coalition government...

                                      Mr Ray Burke was Mr Haughey's ' Minister for Justice ' at the time...
                                      Mr Padraig Flynn was Mr Haughey's Minister for the Environment and...
                                      Ms Mary Harney was a junior Minister in the same Mr Flynn's department...
                                      Mr Bartholomew Ahern was later to be appointed Mr Haughey's Minister for Finance in 1991 ...,
                                      .........................................he was also made Chairman of the European Investment Bank in 1991 ...
                                      .........................................and was awarded the Grand Cross Order of Merit with Star and Sash (Germany) in 1991...
 

                                      Mr Lonan Hickey is 7 doors down from Mr B Ahern...
                                      Funnily enough , Mr Charles Haughey was made Prime Minister of Eire by 7 votes on the 9th of March 1982...

                                      According to an article in the PHOENIX magazine issue of the 18th of June in 1999 ,  page 6...,
                                      after the 1997 General election , a Mr Gerry Hickey became Mr B Ahern's :

                                                             " ...main man in the government machine and has for long been the chief handler..."

                                      most " crisis management " is now handled from Mr B Ahern's , Department of the Taoiseach ,

                                                            "... Hickey taking charge of such problems..........................................................."

                                     Mr B Ahern would con sult , ".. several times daily with Hickey ..." , who is ,

                                                             " ... probably the most powerful man in the country outside  the Taoiseach...    "

                                     Mr B Ahern's government set-up Mr Justice Feargus Flood on the 4th of November 1997 to con duct the investigation into
                                     corruption in LAND REZONING and PLANNING ISSUES in particular the circumstances surrounding the 30,000 payment
                                      to former FIANNA FAIL Minister Ray Burke in June 1989 by James Gogarty on behalf of the building firm JOSEPH MURPHY
                                     STRUCTURAL ENGINEERS ; (J. M. S. E.)...
 

                                      Also Justice Feargus Flood was to determine if any acts associated with the PLANNING PROCESS committed after
                                      June 1985 amounts to corruption...

                                      After the revelation in MAGILL magazine in June of 1998 , that RENNICKS MANUFACTURING LIMITED , a subsidiary of
                                     Sir Anthony J F O'Reilly's , holding company , FITZWILTON PLC ( formerly known as W & H M GOULDING LIMITED )
                                      had made a 30,000 cheque made out to cash 'donation'  to Burke during the 1989 election campaign the FLOOD TRIBUNAL
                                      had it's  Terms of Reference extended on the1st of July 1998 to include the FITZWILTON PLC payment to Mr Ray Burke...
                                      The extended powers of the FLOOD TRIBUNAL also allowed it to investigate allegations of corruption dating back to
                                     January 1973( not 1972 ...)

                                      The extension of the terms of reference , in combination with the legal action taken by those under investigation  , had the effect of
                                     DELAYING the preliminary investigation stage of the FLOOD TRIBUNAL...

                                      In the book , HAUGHEY : His Life and Unlucky Deeds , by journalist and Author Bruce Arnold ,  pages 265 to 268 inclusive,
                                      published in the year 1993 -  the year after Mr Haughey's FORCED resignation over the phone-bugging of Mr Arnold and fellow
                                      journalist Ms Geraldine Kennedy..., Mr Arnold writes :

                                                             "  Michael Smurfit ,  one of Ireland's most successfull businessmen ,  was Chairman of Telecom , a Statutory company
                                                                set-up in1984  , and responsible for telecommunication services throughout the country.      The company had been
                                                                involved in a complicated property deal involving the premises in Ballsbridge formerly occupied by the Dublin bakery
                                                                , Johnston Mooney and O'Brien and the price for the site was 9.4 million.       It emerged that dealings for the
                                                                property had escalated the price well beyond what TELECOM SHOULD HAVE PAID and that a company
                                                                in which SMURFIT had a beneficial interest was PROFITABLY involved in a sequence of sales and transfers...
                                                               Desmond was the con nection with Haughey.       He had been responsible for setting-up the property company
                                                               UNITED PROPERTY HOLDINGS , which had originally bought the site.

                                                               SMURFIT had a 10% interest in this property company .

                                                               UPH sold it on and companies outside Ireland were involved in the eventual transfer of the Ballsbridge site to
                                                                Telecom.
                                                               Representatives for SMURFIT had ORIGINALLY DENIED that he had any financial interest in the site and
                                                                had used the denial TO EXTRACT APOLOGIES from the IRISH INDEPENDENT in FEBUARY 1990 .

                                                                When it emerged that the chairman of the statutory company was involved in a sale which had seen the
                                                                property rise in value from approximately 5 to 9 million mainly on the basis of an assured sale to the state
                                                                in which SMURFIT as Chairman had played a part  , the government was faced with another crisis.
                                                                Haughey sought advice from two Ministers Bertie Ahern and Seamus Brennan...
                                                                He went on radio and suggested that Smurfit should step aside from his Chairmanship.

                                                               SMURFIT resigned two days later.

                                                                On the 3rd of October Dermot Desmond resigned as Chairman of Aer Rianta , the company that owns and runs
                                                                the country's airports , and also stepped aside as head of his own stockbroking firm.        An interim report produced
                                                                for the Minister for Transport and Tourism , Seamus Brennan found that there had been direct dealings over the
                                                                property in which Dermot Desmond and Michael Smurfit were involved and that proper procedures on
                                                                valuation and cost comparisons had not been followed .
                                                                Haughey also insulted the intelligence of the FIANNA FAIL Party.
                                                                At this stage the party's collective intelligence was increasingly open to question                                              "

                                      Writing about the same scandal involving SMURFIT and HAUGHEY in his biography of Mr Charles Haughey SHORT FELLOW,
                                      published in the year 1999 , pages 399 and 400 , Mr Ryle T Dwyer writes :

                                                            "  SMURFIT had a 10% share in U.P.H a property-development company mainly owned by Dermot Desmond the
                                                               founder and Chief Executive of National City Brokers which had handled the privatisation of GREENCORE
                                                               and had recently been retained to advise on the privatisation of Telecom Eireann.
                                                              U.P.H. had purchased the controversial site for 4.4 million and then sold it shortly afterwards for 6.4 million.
                                                              Dermot Desmond helped HODDLE INVESTMENTS acquire the building which was then sold to TELECOM
                                                               for 9.4 million.
                                                               It had more than doubled in price when property values were falling...                                                          "

                                      Writing about another scandal involving Haughey and SMURFIT , Mr Arnold states( page 267) :

                                                             "  For more than a year questions had been asked about the sale of the CARYSFORT TRAINING COLLEGE
                                                                and its land originally valued at 3.8 million , the property was subsequently sold to UNIVERSITY COLLEGE
                                                               DUBLIN for 8 million by PINO HARRIS a Dublin Truck importer with property interests.       He had bought
                                                                it for 6.25 million.   The money for the purchase with additional funds for the adaption of the buildings for a
                                                                post-graduate business school(SS) ,meant that the state had to provide 9.7 million.       There were MANY
                                                                IRREGULARITIES in how the purchase was investigated and agreed with essential safeguards being ignored
                                                                and decisions made against formal or official advice.
                                                                The Department of Finance for example OPPOSED the provision of the 9.7 million but was handed-down a
                                                                Government decision on the deal , and Haughey himself  , though he originally denied any involvement whatever
                                                                in the purchase had been DIRECTLY INVOLVED in a number of MEETINGS connected with the sale seeing
                                                                the President of the college,  Paddy Masterson and other officials.
                                                                Opposition politicians whose views were essentially endorsed by UNIVERSITY COLLEGE , claimed that the
                                                                college had been force-fed with the funds , in order to acquire a property which was far from ideal for its
                                                                purposes.       They also claimed that PINO HARRIS , the private individual who made 1.75 million from the deal
                                                                was a close political friend of CHARLES HAUGHEY.
                                                                Haughey denied any particular knowledge of any of the VARIOUS FINANCIAL TRANSACTIONS and
                                                                VALUATIONS.       He told the Dail that his participation was,  in order to provide extra third-level places for
                                                                 students...
                                                                There were particularly angry exchanges over the supposed close political association between Haughey and Harris
                                                                HAUGHEY accusing the Labour Party leader Dick Spring of lying and of being a professional slanderer...                 "

                                      Writing about the same scandal involving HAUGHEY and SMURFIT in his biography of Mr Charles Haughey , SHORT FELLOW ,
                                      published in 1999 , pages 402 and 403 , Mr Ryle T Dwyer writes :

                                                             "  When controversy erupted over the the purchase of CARYSFORT Haughey insisted that the place had been
                                                                bought at the instigation of the UCD authorities.
                                                                ' U C D proposed to us that they acquire Carysfort ' ,
                                                                he asserted during a radio       ______________________________________________[ END of Audio Segment 3 ]

Audio Segment 4            ................................................................   interview  on the 22nd September.

                                                                ' U C D carried out an examination of Carysfort through their own mechanism and decided that the asking price
                                                                for it was great value ', he continued.
                                                                Was the U C D approach perhaps made at the prompting of the government ? , he was asked...
                                                                ' No ' , Haughey replied.
                                                                ' Certainly not '...                                                                                                                                                 "

                                      Mr Arnold declares on page 268 :

                                                             "  The scandals were punctuating the life of the country with with the dull regular thump of some underground
                                                               sewage pump FLUSHING OUT the EVIDENCE of an unplumbed and IMMEASURABLE CESSPOOL.
                                                                And still the DEFENSE went on the DETERMINATION to SURVIVE the ABSOLUTE REFUSAL to be
                                                               SHAMED OUT of OFFICE..
                                                                The democratic wranglings went on in the Dail.       The CHARGES were laid one after another Yet so long
                                                                as Haughey could hold his Party's allegiance,  and maintain the coalition deal , he was safe...                                  "

                                      The controversial new BUSINESS SCHOOL , to which Bruce Arnold and Ryle T Dwyer referred , was the MICHAEL SMURFIT
                                      Graduate School of Business , the Chairman of which ,  Mr Laurence Gunning Crowley who succeeded Howard Edward
                                      Kilroy as GOVERNOR of the BANK OF IRELAND in 2001 also happens to be a brother of Judge Timothy Halpin Crowley.

                                      Mr LAURENCE CROWLEY is the Chairman of P. J. CARROLL HOLDINGS.

                                      The ULTIMATE HOLDING COMPANY of P. J. Carroll Holdings PLC is :

Compagnie Financiere Richemont A.G ,
Rigistrasse 2 ,
CH-6300 ,
ZUG  ,
SWITZERLAND ,

 

                                      and his other directorships include J ROTHSCHILD INTERNATIONAL ASSURANCE PLC and HAMILTON
                                      OSBORNE KING , the ESTATE AGENT'S  ,whose VERNON AVENUE branch manager , Mr Adam Clarke bought
                                      372 Clontarf Road   '  in trust '   ,  for Mr Alan Costello's company  ,  ( and the DUBLIN CORPORATIN'S FAVOURED
                                      PROPERTY DEVELOPER ...) :

                                                                                      G. SAUNDERS & COMPANY LIMITED

                                      on the 4th of May 2000...

                                      Writing about the the 2 million Irish punts tax-bill levied on the 8.5 million , which Mr Charles Haughey had received , by
                                      way of so-called " political " donations , Mr Ryle T Dwyer in his biography of Mr Charles Haughey SHORT FELLOW  ,
                                      published in 1999 , pages 450 and 451 , states :

                                                             "  Haughey was billed for 2 million by the REVENUE COMMISSIONERS but he appealed the assessment.
                                                                The case was heard in camera in October 1998 before Ronan O'Kelly , an appeals commissioner.
                                                                O'Kelly's task was to sit independently of the Revenue Commissioners in order to evaluate the assessment and
                                                                decide whether it should stand , be reduced , or be dismissed.   The Revenue Commissioners insisted that the
                                                               McCracken Report identified Ben Dunne as the donor of 1.3 million to Haughey.

                                                                The money was paid by OFF-SHORE COMPANIES :

                                                               EQUIFEX TRUST CORPORATION registered in :

ZUG ,
SWITZERLAND ,

 

                                                                which forewarded 610,000 sterling to Haughey and TURBURY , a company in the Isle of Man , which
                                                                provided 410,000 sterling.   A further 182,650 sterling was provided by Dunnes Stores in Bangor ,
                                                                Northern Ireland.        Haughey's legal team contended that ,   in law  ,  the actual donors were the
                                                                OFFSHORE-COMPANIES from which Dunnes Stores had withdrawn the money for the benefit of the
                                                                former Taoiseach.       The shareholders of the companies were thus the actual donors .
                                                               BUT as THESE PEOPLE were NOT IDENTIFIED , O'Kelly had no real option , but , to con clude
                                                                that the money had come from outside the state and was therefore not liable to income tax under existing
                                                               Laws.

                                                                When it was announced on the 15th of December 1998 this decision was greeted with a storm of protests.

                                                                The Revenue Commissioners indicated that they would be appealing the finding to the CIRCUIT COURT
                                                                where the proceedings would be open to the public.       The Luton-based property developer , Tom Gilmartin
                                                                was so irate about the decision that he announced that he couln't be bothered testifying before the FLOOD
                                                               TRIBUNAL.       He had reportedly given 50,000 to Padraig Flynn back in 1989...                                      "
 
 
 
 

                                      The appeals commissioner who heard Mr Charles Haughey's appeal in camera in October 1998 and decided in favour of
                                      Mr Charles Haughey was the brother-in-law of Mr B Ahern...

                                      In Mr Ryle T Dwyer biography of Mr Charles Haughey , pages 455 and 456 :

                                                             "  ...a whole plethora of issues about Haughey's financial affairs were meanwhile being raised by the
                                                                Moriarty Tribunal , especially in relation to his handling of the party leader's allowance , which was provided
                                                                by the state.       This account was run out of the AIB branch in Baggot Street , Dublin , but , Haughey had
                                                                other money also deposited in the account.
                                                                Between 1984 and 1991 over 540,000extra was deposited in the account , in addition to the 945,000
                                                                con tributed by the state.
                                                                But there are questions about the use of the money.

                                                                For instance ,  100,000 con tributed to FIANNA FAIL by the IRISH PERMANENT BUILDING SOCIETY
                                                                was deposited in the leader account during 1986 , but in the same period 75,000 was apparently transferred out
                                                                of the leader' s  account to another account used to pay Haughey's domestic bills.
                                                                One might reasonably wonder whether this was a legitimate use of that account !?

                                                                 The IRISH PERMANENT BUILDING SOCIETY made further contributions of 10,000 to Haugey's
                                                                '  personal political fund ' and 20,000 to help defray the cost of Brian Lenihan's liver transplant at the Mayo
                                                                clinic in the United States in June 1989 , but those two cheques were inadvertently lodged in the account of
                                                               CELTIC HELICOPTERS.
                                                                Haughey insisted that his son , CIARAN , had withdrawn a similar amount from the company's account on the
                                                                same day.

                                                                But lawyers for the Moriarty Tribunal contended that the 30,000 cheque was apparently cashed at the bank
                                                               rather than being deposited in the leader's account.

                                                                There was a lodgement for 36,000 on the 20th of June 1989 but that included a 25,000 cheque from LARRY
                                                               GOODMAN , towards Lenihan's medical expenses.

                                                               WHAT HAPPENED to the 30,000 contributed by the IRISH PERMANENT BUILDING SOCIETY
                                                                in June 1989 is a matter which has yet to be resolved .................................................................................             "

                                     IRISH PERMANENT BUILDING SOCIETY took-over GUINNESS & MAHON BANK on the 31st of August 1994
                                      and so ,  is now the owner of the DEBENTURE dated the 5th. of Feburary 1990  , over all the assets of Mr Alan Costello's
                                      company (and the DUBLIN CORPORATION'S FAVOURED PROPERTY DEVELOPER ) ,

                                                                                     G SAUNDERS & COMPANY LIMITED

                                     THE MORE THINGS CHANGE THE MORE THEY REMAIN THE SAME.

                                      The JEFFERSON SMURFIT GROUP PLC put SMURFIT FINANCE & LEASING the trade name of SMURFIT
                                     FINANCE LTD up for sale in April 1999...

                                      In an article by Barry O'Keefe in the Irish Times , dated the 15th of May 1999 , he writes :

                                                             "  SMURFIT FINANCE is a leasing and hire purchase company which provides lease and hire purchase
                                                                facilities to more than fifty motor dealerships and the con sumer market       It is expected to make pre-tax
                                                                profits of 3.3 million this year , compared to 3.13 million in 1998.      At the end of December last the
                                                                company's total hire/purchase assets outstanding was 64.3 million.      This excluded SMURFIT GROUP
                                                                lease assets of 9.6 million.   The company provides car leasing facilities to SMURFIT GROUP  companies
                                                                in Ireland The leasing company underwrote 1.3 million of new business for the SMURFIT GROUP last year.
                                                                The group has given an undertaking that it will give SMURFIT FINANCE'S  buyer first refusal on its
                                                                Irish and British motor leasing requirements for an a greed period of time.                                                          "
 

                                     HAMILTON OSBORNE KING's Molesworth Street branch acted for the JEFFERSON SMURFIT GROUP PLC in the
                                      rather hasty disposal of SMURFIT FINANCE their lucrativecar-dealership-financing arm to EQUITY BANK  ,a subsidiary
                                      of the BANK OF SCOTLAND in May 1999.

                                      In a report in the IRISH INDEPENDENT on , Wednesday the 28th of June 2000 , page 11 , HEADLINED :

                                                             "  HAUGHEY solicited a 60,000 donation from me says SMURFIT  "

                                      the author of the article went on to report on the previous day's proceedings at the MORIARTY TRIBUNAL of Inquiry into
                                      payments to Mr Charles Haughey... :

                                                            " Millionaire businessman Michael Smurfit spent less than ten minutes in the witness box at the MORIARTY
                                                               TRIBUNAL yesterday to tell of a 60,000 donation to FIANNA FAIL on the eve of the 1989 General Election
                                                               Mr. Smurfit said the donation had been solicited by the then Taoiseach , Charles Haughey who told him to
                                                                deal with financial advisor Des Traynor about the payment details.       Counsel for the tribunal , John Coughlan
                                                                S.C , in his opening statement , to the inquiry had said the funds were transferred to a HENRY ANSBACHER
                                                                account in London.       The same account through which very substantial sums of money appear to have been
                                                                paid by  Ben Dunne and Dermot Desmond for the benefit of Charles Haughey.

                                                                The businessman said with the passage of time it was difficult to recall what occured in regard to the donation
                                                                made by the ,
                                                                                     JOHN  JEFFERSON  SMURFIT  MONEGASQUE  FOUNDATION
                                                                to FIANNA FAIL  in 1989.

                                                               Mr Smurfit said he had not yet had an opportunity to inspect the files of the FOUNDATION , and would
                                                                make them available to the tribunal as soon as he had them...
                                                                He believed the donation was solicited by Charles Haughey who requested him to deal with Des Traynor
                                                                with regard to the payment details.

                                                                A transfer of the sterling equivalent of 60,000 IRISH PUNTS was made on June 14th. 1989 from the
                                                                FOUNDATION  to a sterling account at HENRY ANSBACHER & COMPANY LONDON........               "

                                      STRANGE COINCIDENCES ....with even stranger bedfellows...

                                      to say the least...
 
 

REFERENCES :

HAUGHEY : His Life and Unlucky Deeds   ; by Bruce Arnold  , 1993  ISBN :    00 0255  2124
SHORT FELLOW                                         ; by Ryle T. Dwyer , 1999  ;  ISBN :   18  6023  1004