Stardust manager Eamon Butterly has told an inquest jury that the price of carpet tiles used on the walls of the club did "influence” his decision to purchase them but wasn’t the “first thought” in his mind.
However, Mr Butterly denied purchasing the tiles from salesman Declan Conway because he could “get them on the cheap”. He said his first thought was to get the walls "looking well".
Taking the stand for an eighth day on Friday at the Dublin District Coroner’s Court, Mr Butterly was asked by Brenda Campbell KC, representing a number of the families of the deceased, if the price of the tiles had influenced his decision to purchase them.
She outlined evidence given by Company Secretary Graham Whitehead on behalf of Illingworth, the UK company who supplied the carpet tiles which were used on the walls of the Stardust nightclub, to the original 1981 tribunal of inquiry before Mr Justice Ronan Keane.
Tile prices
In his evidence, Mr Whitehead said that this particular tile was coming to the end of its life and the company was selling these tiles off as there was another tile on the market to take its place. He told the tribunal that this was reflected in the price.
Ms Campbell asked Mr Butterly if he was attracted to “sticking these carpet tiles on your wall because they were cheap and they looked the part”. “No,” he replied.
“Did the price influence the decision to purchase the carpet tiles?” Ms Campbell pressed.
Mr Butterly said “the price would influence all decisions” but it wasn’t “the first thought in my mind.” He said his first thought was to get the walls “covered nicely” and “looking well”.
Ms Campbell put it to Mr Butterly that Graham Whitehead told the tribunal that they did not manufacture carpet tiles for use on the walls and would not “under any circumstances” recommend the use of these tiles on the wall.
Asked what his answer was to this, Mr Butterly said he “didn’t know that”.
He said he bought the tiles from [salesman] Declan Conway on the basis that he provided a fire certificate for them. “I know nothing about what he said or did with the company in England…I know nothing about that,” he said.
The inquest has already heard that, during a 1981 inquiry, evidence was given that the carpet tiles were the most substantial contributor to the spread of the fire.
It heard that a surface spread of flame test was carried out and these tiles were found to be of Class 4 rating, not Class 1 as required.
The jury also heard evidence that in his statement, Mr Conway said that he spoke to Mr Butterly, who requested that Mr Conway obtain a fire certificate from the manufacturer of the tiles. Mr Conway said he was able to get a certificate that met the British standard specification.
Fire certificate
Ms Campbell also queried whether tiles were put on the walls of the club before the fire certificate was provided to Dublin Corporation.
She put it to Mr Butterly that in order to “seal the deal” he needed a certificate from the manufacturer that would satisfy the requirements of the corporation.
Counsel asked if the order of events was that before the tiles were purchased and put on the walls that Mr Conway provided the certificate which was then passed on to the corporation who then approved the carpet tiles.
Mr Butterly agreed this was the sequence. “Are you quite sure about that?” she asked. “That there was no carpet tile affixed to a wall until you had done your due diligence?”. “Correct yes,” he replied.
She put it to the witness that Mr Whitehead had told the 1981 tribunal that the first order for the tiles had been placed on January 24th 1978 and said this was two days before the flammability test had taken place.
“You know and we know that the letter that contained the results of the flammability test is dated Jan 26th 1978. Do you accept that?,” she said. “I accept what you’re saying,” Mr Butterly replied.
“Bearing in mind your evidence that you would not have put those carpet tiles on the walls and certainly would not have purchased them until you had satisfied the Dublin Corporation that they were suitable.
"Why is it that the order for carpet tiles is being placed two days before even the results of the flammability test were being issued?” the barrister asked.
“I was asked to get a fire certificate for the tiles and I asked Mr Conway, and he probably put in the order assuming…; I don’t know why he did,” he replied.
Mr Butterly added: “I told him he would not get the order for the carpet tiles unless I had a certificate that satisfied Dublin Corporation. He got the certificate, I gave it to [draughtsman Harold] Gardner, Mr Gardner gave it to Dublin Corporation and therefore the tiles went on the wall because Dublin Corporation did not object to them.”
“Does it come down to this: That if Mr Conway sold you these carpet tiles on the basis that they were suitable, you were mis-sold the carpet tiles?” Ms Cambell asked.
“Obviously I was, but that’s what I was sold,” Mr Butterly replied.
Finances
The former manager also told the inquest he did not remember telling the 1981 tribunal of inquiry that he did not remember any problems with finances at the Stardust when he took over as manager in 1979.
Bernard Condon SC, also representing a number of the families put it to Mr Butterly that when he took over the management Stardust premises in mid-1979, the place wasn’t going well financially.
Mr Butterly said this was “not so”.
Mr Condon asked why he had commenced the very first question he had asked with an “untruth”; highlighting the evidence given by Mr Butterly to the 1981 tribunal when he stated that at the time he took over as manager the place “wasn’t going very well” and when asked in what way, he said “financially”.
“Well I don’t remember that,” said Mr Butterly. “I don’t remember any problems with finances.” The inquest continues this afternoon.
