Solicitor tells Gallagher trial contract 'untidy'
A solicitor has told the Conrad Gallagher trial that the contract under which the Fitzwilliam Hotel purchased paintings from him was "unambiguous" but "untidy".
Frank Murphy told the Dublin Circuit Criminal Court jury that his independent reading of the receipt for Ir£20,000 for the paintings said it was for the paintings listed 1-16 on the schedule and didn't refer to a
first grouping numbered 1-3 which are the paintings at issue in the trial.
Mr Murphy said in reply to defence counsel Richard N Kean SC (with Deirdre Hughes BL) that he had never acted for Mr Gallagher and had never met him in his life but had been asked on Friday night to give his expert view of the contract.
He said he had particular expertise in the law relating contracts in commercial, media and entertainment law both in drafting them and examining contracts drawn up by other solicitors.
Mr Murphy said the contract was a legal document and he was only concerned with interpreting it as it had been drafted.
He had only seen it for the first time at the weekend and it obviously referred to paintings numbered 1-16.
He had "no doubt" that the document referred to paintings 1-16 on the schedule as being purchased by Ampleforth.
He would have advised Ampleforth they didn't own the three paintings and Mr Gallagher that he did, Mr Murphy told prosecuting counsel, Ms Melanie Greally BL, in cross-examination.
Mr Murphy added that he had no recollection of his expert view on such contracts ever being tested or challenged in a court of law.
"A nice way of putting it is that the schedule with the list of paintings is untidy", Mr Murphy said. The document was untidily drafted and more care should have been taken with it.
It was day-five of the trial in which Mr Gallagher, formerly of Killiney Hill Road, Killiney, denies stealing three abstract Felim Egan paintings from the Fitzwilliam Hotel on St Stephen's Green on dates unknown between November 2 and November 22, 2000.
Mr Gallagher, aged 32, with a current address at Pembroke Road, Ballsbridge has also pleaded not guilty to obtaining money by false pretences on November 21, 2000 at The Lodge, Killiney Hill Road with intent to defraud through getting Ir£9,000 from Mr Bryan Greene by falsely pretending that three Felim Egan abstract paintings were his property to sell.
Prosecution witness Tom Mannix, financial director of Ampleforth Ltd, owners of the hotel, was also recalled to refute defence evidence given last Friday by Mr Gallagher's personal assistant, Ms Hazel Hurley.
Mr Mannix said that contrary to what Ms Hurley claimed, Mr Gallagher's company was not (repeat NOT) charged 20% of the hotel's electricity bill but had a separate meter which was read monthly and amounts charged accordingly.
Mr Mannix said Mr Gallagher's company was levied 15% of the overall water charge and this was agreed in the licence under which he came to the hotel.
His water charges would amount to about £250 monthly or some £3,000 annually.
He said contrary to what Ms Hurley claimed, Mr Gallagher's company was levied 8% of the total rates for the hotel based on the space his restaurants occupied, as agreed in advance with him.
Mr Mannix said Ms Hurley was also incorrect in claiming that Mr Gallagher had to pay £28,000 to Ampleforth for a walkway.
The £28,000 charge was the total levied on Ampleforth by the St Stephen's Green Shopping Centre owners from whom Ampleforth had a long-term leased on the hotel.
The trial has reached its concluding stages with the jury having being addressed by counsel for the prosecution and the defence.
It will retire to consider its verdict after being charged by Judge Yvonne Murphy.
