‘One law for the rich and another for the poor’, is an old saying, frequently used and undoubtedly true. Until RTE’s Prime Time investigations aired ‘carry on regardless’, a look at the lives of developers, never before had our public service broadcasting truly reflected this. For the sake of fair and accurate reporting, RTE stressed they were not suggesting developers had done anything ‘fraudulent’. Close to one million viewed the programme, the facts, though, spoke for themselves.
NAMA, as Brian Lenihan stressed, is not a bailout. According to him they would chase developers to the end of the earth.We remember a time before CAB (criminal assets bureau); criminals could flaunt their wealth unanswered. One would expect, if Lenihan was sincere, similar legislation to remove assets from developers. However, anything transferred to spouses prior to 2009, appears out of the reach of NAMA. They expect developers to voluntarily hand over assets in good faith.
There is a legal principle used in Irish law: assets that are disposed of in a bid to defraud, or prejudice the rights of a creditor are voidable. Variations of the principle to ward against fraudulent preference are used in family, divorce, land and bankruptcy cases.
To date NAMA hasn’t initiated a single case on transfers to spouses.
Most of the property transfers shown on the Prime Time programme, occurred in a nine month period just before the establishment of our toxic loan agency. The legendary cupid must have been in town. The evidence to back the one law for rich theory keeps building. We just have to look at the lifestyles these developers are still accustomed to.
Gerry Gannon of Gannon homes still lives in a gated mansion with his wife, where they enjoy the views of the Howth peninsula. Most people struggle to get through the cost of Christmas. Not Gerry Gannon, footage showed him laden down with shopping bags from exclusive Brown Thomas. Possibly buying to add to the gifts he already gave his wife.
His love of wife Margaret already saw Gerry transfer 29 properties in her name. Margaret Gannon now owns 74 hectares in Loughlynn Co Roscommon, a house on St Fintans road in Howth, 52 acres of land on Carrickbrack road in Howth, apartments and houses in Portmarnarck, Malahide, Cabinteely, Tempelogue, Artane and Clontarf.
Gerry Gannon, who owes one billion to the banks, also gave Margaret the deeds of a Victorian house in plush Dublin 4. NAMA is about to sign off on a prepared business plan by Gerry for the future.
The chief executive of NAMA Brendan McDonagh claims they will pursue developers for full amounts. With this in mind we look at some of the other top ten developers who between them owe 17 billion. Unlike Gerry Gannon who had no comment, Cork man Michael O’Flynn is not media shy. Michael, who also owes one billion, believes he hasn’t done anything wrong.
Developer Michael of O’Flynn construction built Ireland’s tallest building The Elysian. Not just famous for this, Michael O’Flynn is a well renowned horse owner. This year alone his success in racing saw him earn close to €100,000. He provided no personal guarantees on his loans; therefore NAMA does not have access to any of his earnings.
O’Flynn was shown flying to the races in a 3.5 million Augusta corporate helicopter.
Frank Daly on chair of NAMA wanted to know why some where swanning around in helicopters and Bentley cars.
So too do we, it’s a lifestyle most of us could only dream of. Another horse owner, who annually sponsors a race meeting at Fairyhouse, is Seamus Ross. Chief of Menolly Homes. Seamus transferred to his wife Moira a one million Georgian property on Harrington St, and two commercial properties in Lucan and Lower Rathmines road.
As well as receiving land in Drumlish Co Longford, Moira, with her husband, legally took a loan out in UK Barclays Bank to the value of €5.1 million. As this loan is out of reach of NAMA with Barclays out of its control, the Ross couple bought a 5,700 sq ft luxury villa in the gated community of Las Parcelas de Golf in Nueva Andalucia Spain.
We can’t forget to mention the developers who fled Ireland. They didn’t emigrate like the thousands with no money who can’t get work. Tycoon Derek Quinlan who owes €600 million now lives in Switzerland. As Quinlan tries to sell some assets to repay debt, he avoids the capital gains tax of 25% he would have to pay in Ireland.
The most brazen of all is Sean Dunne and his wife Gayle Killilea, now residents of the US. They pay $17,500 rent a month, while waiting for $1.5 million of renovations to be complete on a new home Gayle bought for $2 million. Formerly known as the Baron of Ballsbridge, Sean denies any ownership of new home in Greenwich, Connecticut.
His lawyers have previously threatened legal action against papers over the matter.
Gayle has refused to answer questions about where she got the cash for such a lavish property. She stated that her place of residence and finances are not legitimate matters of public interest.
In the Defamation Act 2009 the following is covered under a defense of public interest: the management of publicly funded companies or institutions. NAMA is a publicly funded institution by us the Irish taxpayers. Gayle’s husband along with the named developers, not forgetting to mention a few more Joe O Reilly, Johnny Ronan, Richard Barrett, Bernard McNamara, fall into public interest under NAMA. Revelations of their lifestyles in the media recently is justified.
For ‘public interest’ we must balance the ‘one law for rich’ theory and take a quick look at the law for the poor. The less you owe the more they chase you, is a fair comment.
Especially when you look at stories of ordinary people jailed for small fines.
In Ashbourne Co Meath a jobless dad was sent to jail over a litter fine. Guilty of not been able to afford to pay. Christy Rooney went onto Joe Duffy’s liveline radio show.
He told the show that his 12 year old son stuffed a plastic bag into a pile of cardboard.
It was clear on cctv that the child left the bag behind, unknown to Mr Rooney. The dad went to Meath council to point out it had been innocent actions of his son, and he was unable to pay on his income. Mr Rooney said they would not listen and brought me to court.
In Navan court he was fined €300 and ordered to pay €1,062 in costs by two months.
When the two months expired, he was taken to Wheatfield prison. Relatives of Mr Rooney came up with the money to get him released. Christy Rooney was treated unfairly, and both the courts and Meath council knew he hadn’t the means to pay.
The figures of people jailed for non payment of fines has doubled from 2008 to 2009.
Evidence of the rising poverty, in 2008 the figure was 2,250; by 2009 it jumped to 4,806.
A TV licence is €160; it costs €2000 a week to put them in jail.
It’s hard to disconnect a fact the less you owe the more they chase you, from the more you owe the more you get from taxpayer. Derek Quinlan, who fled to Switzerland, has been employed by the state to collect overdue fines imposed by the courts. This ‘tycoon’ whose debts are part of NAMA is now director of Tazbell, the company that received the contract from the Dept of Justice.
Another company Treasure Holdings behind the National Convention Centre, receives payments of €2.5 million a month in rent from us. Johnny Ronan and Richard Barrett of Treasure Holdings also own the building NAMA pays rent to. In total state leases they will receive €50 million a year. Gerry Gannon has lucrative storage deal with art museum; he will gain €20 million by 2030.
While more people join the unemployment register, five million a year in rent is paid to developers for the use of their premises for social welfare offices. Bernard McNamara’s wife will get €100 million off the state from the lease for the social welfare office in Bishops Square.
Were paying for the mess they got us into. How much more are we willing to pay to fund their lifestyles?
We need to rise up against this madness.