Retirement ends disciplinary action on land sale

CORK COUNTY Council yesterday confirmed it has concluded a disciplinary process into a controversial €11

CORK COUNTY Council yesterday confirmed it has concluded a disciplinary process into a controversial €11.6 million land sale in north Cork after the official at the centre of the inquiry retired on grounds of ill health.

The council yesterday issued a statement confirming that the disciplinary process which had been started following the completion of an internal council inquiry into the land deal had been halted in September 2008 when the official in question went on sick leave.

The council official at the centre of the investigation, who had been suspended with pay in June 2006, had failed in June 2008 to obtain a High Court injunction preventing the council from continuing with its disciplinary procedure.

The council confirmed yesterday the individual in question has now retired on grounds of ill health and a council spokesman said that as far as the council was concerned that marked the end of the disciplinary process.

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However, Cork County Council had made a statement of complaint to gardaí in June 2006 about the transaction and The Irish Timeshas learned that the matter is still under consideration by the Garda Bureau of Fraud Investigation in Dublin.

It is understood fraud detectives in Cork sought the opinion of senior officers in the fraud bureau, who requested further information regarding work practices and areas of responsibility. The Irish Timeshas learned that the council furnished these responses, and the matter is still being considered by fraud bureau officers.

The controversy dates from June 2006 when it emerged the council had entered into an agreement with Permanent TSB bank executives Brian Cremin and Denis O’Reilly to buy 20 acres at Deerpark in Charleville for €11.6 million. The previous owners, Pushkin Developments, contacted the then county manager, Maurice Moloney, to say the land had been available for €8 million in October 2005 when the council entered into negotiations with Mr Cremin and Mr O’Reilly at a time they did not own the land.

Pushkin discovered the land was being sold on to the council when Mr Cremin and Mr O’Reilly asked for an assignment clause which would allow the land to be transferred directly from Pushkin to a third party so only one stamp duty bill would arise.

The council decided not to complete the purchase but following a High Court action by Mr Cremin and Mr O’Reilly, a settlement was reached whereby the council paid the vendors €9.75 million.

Barry Roche

Barry Roche

Barry Roche is Southern Correspondent of The Irish Times