Mr. Delaney was being very charitable towards Mr. X. If we examine the evidence we will see that Mr. X was not "negligent" but in reality knew from the start that the building was to be set on f i r e .

1. Letter 25/2/1986. Per Discovery Of Documents a letter was sent from X to Kevin Fox Auctioneer . This letter is now "missing". There are two suspicious aspects to this letter.

A. The letter anticipated the agreement to purchase the property by 3 months (23/5/1986). HOW COULD THE PURCHASER'S SOLICITOR KNOW IN ADVANCE THAT AN AGREEMENT WAS TO TAKE PLACE? It should be stressed that the initial approach re this property was made to the purchaser.

B. Why would the purchaser's Solicitor write to the Auctioneer? Any queries should be addressed to the vendor's Solicitor.

2. June 1987. On signing contract purchaser is advised by X not to insure the property. This transferred the insurance from the purchaser to Herbert Mulligan.

3. October 1987 to 26/6/1988. Mr. Delaney stated that X did nothing. In fact Mr X persistently lied to cover the fact that he ensured the sale would not be completed before the building was set on fire. Mr. X stated that documents on their way to Patrick Carroll 91, Marlborough Rd., Dublin 4 went in error to Jack Carroll, 90 Marlborough Rd. and he could not get them back. This was a lie to cover the fact that he was obstructing the sale.

You will note that when the burnt-out site was disposed of in December 1995 it was purchased in trust by a client "found" by X.