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COPYRIGHT Copyright of all transcriptsresides solely with theTribunal of Inquiry into Certain Planning Matters and Paymentsand they must not be altered in any manner.
 I hereby certify the following to be a true andaccurate transcript of my shorthand notes of the above named proceedings.
Telephone ……………………………….. (0404) 64355Fax ……………….…………………………. (0404) 64354Email ………………………………………... info@pcr.ie Website ……………………………………... www.pcr.ie
917
TRIBUNAL OF INQUIRY
into certain
PLANNING MATTERS
and
PAYMENTS
TRANSCRIPT OF PUBLIC HEARING HELD ATTHE PRINTWORKS BUILDING, DUBLIN CASTLE ONWEDNESDAY, 3RD DECEMBER 2008
 
 
11MR. QUINN: Good morning sir. We have -- the tribunal is assembled this2morning for the purpose of the registrar reading into the record the3evidence given by Mr. Gerry Carroll at, evidence taken by way of commission4on the 19th of November 2008.56Before Mr. Kavanagh commences I would like to correct an error in a7transcript on Day 617 at question 47, Ms. Dillon is incorrectly recorded8as having refereed to a sum of £365,000 in fact she was referring to a sum9of £3,650. It's evidence given by Mr. Kitt on that date, I just wish to10make that correction for the record. Otherwise I think Mr. Kavanagh can11commence.1213REGISTRAR: "THE MEETING TOOK PLACE AT THE OFFICES OF THE TRIBUNAL,14DUBLIN CASTLE, ON WEDNESDAY 19TH NOVEMBER 2008,15AND COMMENCED AS FOLLOWS:1617MS. ANNETTE FOLEY, COMMISSIONER (sworn)1819STENOGRAPHER (sworn)2021MR. QUINN: Before we commence Mr. Redmond, this is a taking of evidence on22commission of Mr. Gerry Carroll who has previously given evidence to the23Tribunal and it is to afford you, Mr. Redmond, on your request, an24opportunity to further cross examine Mr. Carroll. The evidence is being25taken by way of Commission. Ms. Annette Foley has been appointed26Commissioner by the Tribunal and you will have witnessed Ms. Foley swearing27herself as Commissioner, the stenographer, Yvonne D'Arcy swearing herself 28in as Stenographer and Mr. Carroll taking the oath. Also present in the29room is Mr. Thomas Harrison who is dealing with the documentations which30will appear on screen and Ms. Sarah O'Connell, a barrister at law andPremier Captioning and Realtime Ltd.www.pcr.ie - Day 917
 
21myself, Pat Quinn, senior counsel and you have spoken previously to Mr.2Donal King, instructing solicitor who is also present. So that having been3said Mr. Redmond I think you can commence your further cross examination of 4Mr. Carroll on that basis.56MR. GERRY CARROLL (sworn) EXAMINED BY MR. GEORGE REDMOND78Q. Mr. Carroll, the acoustics -- I am hearing all right at the moment, so9I would ask you to understand I have a hearing impairment. So one query10before we start to the Commissioner. Commissioner, have you been appointed11by formal order of the Tribunal?1213MS. FOLEY: I have Mr. Redmond.1415MR. REDMOND: Yes. That's fine. Now Mr. Carroll, the reason and I regret16that you have to come back here but the reason for it is because of 17decisions of the higher courts. At one stage early in the days of the18Tribunal under the sole person, there was an action taken by the late Mr.19Lawlor in relation to interviews which were taken by the Tribunal staff.20The courts held that the interviews were unlawful and the decision that was21made at the time was that the records of such interviews should be22destroyed and I was involved in that module of the Tribunal's activities23and in my case my solicitor was assured that the records were destroyed but24it turned out that in my case, in the case of my interviews the records25were kept and in fact they were circulated this year. Now we have a new26Tribunal or new membership of the Tribunal and they have written to me to27say they can offer no explanation but that court decision didn't effect28you. Your evidence was given later to the Tribunal which was examining the29Carrickmines and other matters in County Dublin and in that case it was Mr.30O'Callaghan took action against the Tribunal who were unwilling to give himPremier Captioning and Realtime Ltd.www.pcr.ie - Day 917
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