Westport developer sues sister for defamation

Westport developer sues sister for defamation
TUESDAY, 17 MAY 2011 07:33
Westport developer sues sister for defamation


A Westport developer is suing his sister for defamation, claiming his reputation is ‘in tatters’ after she sent an objection to a development to An Bord Pleanala (ABP).
Roger McGreal claims a submission written by his sister, Ann Lynn, objecting to a proposed development in Carrabaun, Westport, was done in malice. He says it suggested he was deceitful, unprofessional and guilty of abuse of process.
In the letter to ABP, Mrs Lynn stated that documentation issued by Mr McGreal was inaccurate and misleading. Her defence said this did not mean he was corrupt or dishonest.
The case was heard in part at last week’s sitting of Castlebar Circuit Court, where details of the siblings’ family difficulties were outlined. Mr McGreal admitted that he has not spoken to his sister for 16 years and has never spoken to her husband, Kieran Lynn, a senior engineer with Mayo County Council – who Mr McGreal claims used his influence to block him from getting planning permission.
Last March, Mr and Mrs Lynn sued Mr McGreal for defamation over claims by Mr McGreal that Mr Lynn abused his power in the Council, and they were awarded €38,000 each.
The development at the centre of the case is located at Carrabaun on land owned by Mr McGreal, adjacent to his parents’ former family home. He applied for planning permission to Westport Town Council in 2008 to develop 23 units on the land but was denied. His appeal to ABP was also refused in 2009. Mrs Lynn objected to both.
The court was also told that Mr McGreal had purchased land for €1.8 million in order to develop the property. It was claimed by Mr Eoin Garavan, BL for Mrs Lynn that the action was taken against his client because Mr McGreal was furious with his sister.
The application was refused in part because the road was substandard and the access to the road was not in compliance with planning regulations. The court heard that Mr MrGreal tried to buy his parents’ property, which would allow him to gain access to the road.
Mr McGreal admitted in court that he ‘did not get on’ with his father, the late John ‘Porkie’ McGreal; that he had not spoken with him for two years before his death earlier this year; and that he did not attend his funeral.
Mr Peter Tuohy, the auctioneer who was handling the sale, said that Mr McGreal’s bid of €326,000 was the highest bid by €1,000, but he was informed by Mrs Lynn that they would accept the lower bid. The sale eventually fell through and Mrs Lynn ended up buying the property.
In his evidence, Mr McGreal said that he had instructed HDS Consultancy Services from Galway to carry out a plan of the development to submit to Westport Town Council. He admitted that some documents forwarded to ABP were incorrect but denied he was trying to mislead them and said it was a human error.
He said he acted professionally at all times and felt some of the adjectives in the submission by Mrs Lynn were not flattering and were prompted by anger and malice after he raised concern about her husband’s influence on the application.
He claimed every builder in Westport had read the submission and claimed he was “sure people thought a hell of a lot less of me than before.”
The case was adjourned until tomorrow (Wednesday) to allocate a date to conclude the proceeding