COPY OF LETTER SENT BY MURPHY & LONG 
SOLICITORS FOR THE DEVELOPERS
Lower Kilbrogan Hill, Bandon, Co. Cork

                        JVL.NN                                                                                                          10 March 2004

                                                                                                BY FAX

ATTENTION:   Mr. Joe Noonan
Noonan, Linehan, Carroll, Coffey,
Solicitors,
54 North Main St.,
Cork.   

RE:  Your Client; Neil Jordan
Our Client; John Burke & others
Development @ Castletownbere

Dear Sirs,

            We refer to the above.

            We are writing to you concerning a gross inaccuracy of the sequence of events and a distortion of the facts contained in a statement in The Irish Examiner of the 9^th inst., attributed to your Client – Mr. Jordan. 

            In the first instance, our Client regrets that your Client now appears to be communicating with him through the media. 

            Mr. Jordan is quoted as saying “A request for a legal covenant was made by my Solicitor, Joe Noonan, on June 4, 2003, immediately after a meeting with Mr. Burke’s representative.”  We ask you to state by whom and of whom such a request is alleged to have been made. 

            Our records show that James Long of this Office had a telephone conversation with Mr. Noonan on the 10^th of June 2003 wherein you listed four concerns of your Client – one of which related to “what assurance can be given regarding the continued opening of the swimming pool”. 

            These concerns were relayed to our Client and his Engineer on June 12^th, 2003.  Our Client’s Engineer dealt fully and comprehensively with your Client’ concerns (including the concern regarding the swimming pool) in a letter dated June 16^th 2003, a copy of which we sent to you on June 20^th, 2003 (we enclose a further copy of that letter for your and your Client’s attention). 

            We refer you in particular to item 2 therein, where our Client’s Engineer set out in detail all the options regarding the swimming pool.  That letter stated (inter alia) “if Mr. Jordan or Mr. Noonan have any proposal to make in this regard, the developers would gladly listen”. 

            That letter remains unanswered.  That letter went on to say that  “the pool by necessity will have to remain open on a year round basis”.  Neither we, nor our Client, ever received a query, request or mention of a “covenant” and our Client is astounded that it is only now that he hears of the demand for a “covenant” and finds it extraordinary that he must learn this through the columns of the local and national newspapers. 

            Phone calls to you Office during the second week of February remain unreturned and our letter of February 24^th last has not been replied to.  In that letter (a further copy of which we enclose herewith) we offered to meet with Mr. Jordan, either directly or through your good selves.  That offer remains open but has not been taken up. 

            On behalf of our Client, we can confirm that he is willing to give any reasonable assurance, undertaking or covenant regarding the swimming pool.  That is now, and has always been, his position. 

            Accordingly, we would ask you to 

(1)                           Furnish us with a draft of the covenant which your Client requires and

(2)                           Confirm that the matter of the covenant is the only obstacle in the way of this development.

We await hearing

                               Yours faithfully,