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Land zoning: Watchdog makes findings against two Mayo councillors over conduct

Sipo found that both Frank Durcan and Cyril Burke contravened the code of conduct for elected representatives.

THE STANDARDS IN Public Office Commission (Sipo) has made findings against two Mayo County councillors over their conduct in relation to land zoning and Freedom of Information requests.

Sipo found independent Frank Durcan had withdrawn a Freedom of Information Request after receiving assurances from Fine Gael councillor Cyril Burke about favourable zoning of his land.

It found that both Durcan and Burke contravened the code of conduct for elected representatives. 

This investigation had also looked at the conduct of Mayo County Council chief executive Peter Hynes but Sipo did not make any findings against him. 

It said there was no evidence he had committed the same breach of the Local Government Act as the other two council members. Sipo published three separate investigation reports today. 

This investigation relates to a site owned by Durcan in Aghalusky near Castlebar.

The council had previously raised a number of concerns -  including in relation to zoning – about a proposal to build a nursing home and 20 residential units on this land. 

In 2014, Durcan submitted a Freedom of Information request to the council asking for information about a senior official. 

It was alleged that he later withdrew the request because councillor Burke asked him to in exchange for favourable zoning of his land.

Recordings of telephone calls and meetings between the two men were used as evidence by investigators. In one call, Durcan sought assurances that his land would be rezoned:

“I put all my cards, you come back to me, you asked me to do something and that you have spoken to Hynes [...] if I withdrew the questions regarding [a senior council official] and that I’ve done and I want to see things happening because I want to go to my architect next week and start him”.

Durcan told the commission that he was “fishing for information and baiting Councillor Burke” but Sipo’s report notes he did not point to any particular exchange that demonstrates this was his motive or modus operandi.

Sipo found that he was in contravention of the Local Government Act, that this contravention was intentional and that it was “in all the circumstances, a serious matter”.

In relation to Burke, the commission found that he failed to maintain proper standards of integrity, conduct and concern for public interest in asking Durcan to withdraw the Freedom of Information request.

The Commission finds that based on the evidence available to it, none of Councillor Burke’s interventions, either at the Municipal Council meetings, in relation to zoning, or in his discussions with Councillor Durcan regarding how best to obtain planning permission by way of material contravention, display consideration of the public interest or the common good.

The land was not re-zoned and the standards watchdog said the contraventions are not ongoing. 

In its reports, the commission found against Frank Durcan in respect of two of the three alleged contraventions and in Cyril Burke’s investigation it found against him on two of five alleged contraventions.

Mayo County Council chief executive Peter Hynes told welcomed the publication of the reports and said he has been “totally vindicated”.

Following an exhaustive and comprehensive process the Commission found no evidence of any wrong doing on my part and has made no findings against me. I would like to thank my family, friends, members and staff of Mayo County Council for their support during this time.

Head of Communications at Mayo County Council Martina Hughs said the council had noted the findings.

“No findings against Chief Executive Peter Hynes were made, while two findings against each of the two elected members were made,” she said.

“Mayo County Council are pleased that the Chief Executive has been totally vindicated by the commission.

“The reports will be considered by the corporate policy group and the full Council in due course.”

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    Apr 24th 2020, 7:04 PM

    Leo is the best leader Ireland ever had.

    Discuss

    293
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    Mute
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    Apr 24th 2020, 7:10 PM

    @Never Reply: Hahahahaha! Good one!

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    Mute Dave O'Keeffe
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    Apr 24th 2020, 7:16 PM

    @Never Reply: no, but they are all doing well at the moment.

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    Mute Toon Army
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    Apr 24th 2020, 7:30 PM

    @Never Reply: Needed some Friday laughs thanks :) What’s great is Zappone feels comfortable talking about how she and the Taoiseach are so mentally strong. Fair play to her.

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    Mute xor
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    Apr 24th 2020, 7:43 PM

    @Dave O’Keeffe: Pity they have no credibility!

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    Mute xor
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    Apr 24th 2020, 7:44 PM

    @Dave O’Keeffe: You are joking?

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    Mute Never Reply
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    Apr 24th 2020, 7:45 PM

    @Toon Army: He is, of course the most inept spoofer ever to lead a party let alone a country.

    Irish people have a massive tolerance for all the wrong things….

    71
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    Mute Dave O'Keeffe
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    Apr 24th 2020, 7:53 PM

    @xor: I don’t know, I find it a bit reassuring that we currently have a doctor in charge, even though I didn’t vote for FG in the election.

    71
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    Mute Charles Alexander
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    Apr 24th 2020, 8:03 PM

    @Never Reply: I’d love to discuss but I’ve just painted a wall and I’m gaining more stimulation watching it dry!

    19
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    Mute Toon Army
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    Apr 24th 2020, 8:21 PM

    @Dave O’Keeffe: “This patient is in trouble, need a doctor!” Leo “Let me help”. Nurse “B bbb but you’re only a spin doctor!” Leo “Dam it there isn’t time! Get me a camera and some carefully worded scripts stat!”

    29
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    Mute Dave O'Keeffe
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    Apr 24th 2020, 8:54 PM

    @Toon Army: before this I would have been 100% on board with that. But not through this. I think they’ve done far better than the recent past would have predicted.

    37
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    Mute Sean Fallon
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    Apr 24th 2020, 11:18 PM

    @Dave O’Keeffe: Sport Dave but its all spin and lies…they really haven’t a clue what they’re at..they didn’t become great ministers and a great govt overnight..but alas they’re there for now so let’s hope they get their act together..

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    Mute nelliekel
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    Apr 24th 2020, 11:35 PM

    @Never Reply: did you not take your medication again would this be the same leo who was very uneasy about the Bulgarians coming to pick fruit but forgot he was involved in a conference call to EU asking for them to be allowed travel her to pick strawberries?????

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    Mute Dave O'Keeffe
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    Apr 25th 2020, 1:38 AM

    @Sean Fallon: the experts don’t have a full clue of what they’re at with this, it’s all still trial and error. They’re following the best available advice and that’s not a lie or spin

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    Mute Fiona Fitzgerald
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    Apr 26th 2020, 12:29 AM

    @Dave O’Keeffe: Well, many countries are. I’ve just looked at Sweden’s figures and they’re not doing as well. I don’t mean only on testing. Their count of people down with Covid-19 is close to ours. But they’re losing twice as many people.

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    Mute Maurice O Neill
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    Apr 24th 2020, 7:09 PM

    Zappone will have plenty time on her hands shortly . Delighted she lost her seat

    190
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    Mute Rochelle
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    Apr 24th 2020, 7:56 PM

    @Maurice O Neill: I’m not and have huge respect for her decision to retire from politics after the election. It shows her as a woman of integrity who joined politics to make a difference and left it as soon as the public indicated she was no longer required.
    It’s almost completely unheard of in this country for a rejected minister to accept the public’s decision immediately and not spend the next decade in the Seanad or attempting re-election.

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    Mute Mick Curtin
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    Apr 24th 2020, 9:44 PM

    @Rochelle: whatever…

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    Mute nelliekel
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    Apr 24th 2020, 11:39 PM

    @Rochelle: sure if she felt that strong about retiring why is she still taking ministers pay in this caretaker government and she retired because knows will never be elected again but its OK because she gets pension

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    Mute Dave O'Keeffe
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    Apr 25th 2020, 1:39 AM

    @nelliekel: to be fair, she’s not done until a new government is formed. She’s still doing the job and should still be paid.

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    Mute Miguel Marron
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    Apr 25th 2020, 2:07 PM

    @Maurice O Neill:

    She can’t go the long way round anywhere now. Lack of traveling expenses must have her up all night.

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    Mute Barry Cahill
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    Apr 24th 2020, 7:12 PM

    Leo Varadkar introduced Katerine Zappone to Heineken Zero???!!!! Wow!!!!

    Thank God I’ve been given that information. Makes this lockdown so much more bearable knowing that. Cheers Journal on your government approved puff piece.

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    Mute EdmundOrlando
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    Apr 24th 2020, 7:15 PM

    @Barry Cahill: Give it a rest man, people are dealing with this in their own way ffs, more power to them.

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    Mute Dave O'Keeffe
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    Apr 24th 2020, 7:17 PM

    @Barry Cahill: negative attitudes produce only negative outcomes

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    Mute seamus toomey
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    Apr 24th 2020, 7:28 PM

    @EdmundOrlando: no definitely no more power to them

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    Mute Barry Cahill
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    Apr 24th 2020, 7:34 PM

    @EdmundOrlando: Yeah I’d appreciate them getting on with it without pushing pointless PR provided by supposed independent media.

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    Mute Dave O'Keeffe
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    Apr 24th 2020, 7:38 PM

    @Barry Cahill: what is it that you feel they aren’t getting in with?

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    Mute EdmundOrlando
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    Apr 24th 2020, 7:48 PM

    @Barry Cahill: to be fair there’s feckall else to talk about… What would you like them to get on with btw??

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    Mute Barry Cahill
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    Apr 24th 2020, 7:49 PM

    @Dave O’Keeffe: Why don’t you tell that to all the Debenhams employees around the country that were completely shafted this week, while these buffoons sit in the lap of luxury and let all of us plebians know how “mentally tough” it is for them to have to sit in there massive houses.

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    Mute Dave O'Keeffe
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    Apr 24th 2020, 7:57 PM

    @Barry Cahill: did the government close Debenhams? This has been coming for over 2 years. The company used this virus as a way to speed up what they were already going to do. The company are the villains. One thing I think we’ve all come to realise in all of this is that no matter what size your house is the outside world is always better. No idea why you’re so angry with me or why you think I should be talking to Debenhams staff.

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    Mute Barry Cahill
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    Apr 24th 2020, 7:57 PM

    @EdmundOrlando: Oh I don’t know, maybe just getting on with their lives without having to inform the nation on how “tough” it is for them via puff pieces. Also maybe coming up with a plan to get the economy started back up again. That would be nice.

    19
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    Mute Barry Cahill
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    Apr 24th 2020, 8:17 PM

    @Dave O’Keeffe: Trust me Dave, I hold no ill will towards you lol. And that was a figurative suggestion btw. I don’t expect you to track these ex employees down and have a heart to heart with them over a cup of tea or something. I was just mocking your kumbaya style reply with a recent real world occurrence where there’s not much room for positivity.

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    Mute Dave O'Keeffe
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    Apr 24th 2020, 8:22 PM

    @Barry Cahill: except I was speaking to you specifically about your negativity. Listen, if you’re struggling I have massive sympathy for you.

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    Mute ThatLJD
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    Apr 24th 2020, 8:31 PM

    @EdmundOrlando: I’m dealing with it with a lot more powerful stuff than Heineken zero!

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    Mute Dave O'Keeffe
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    Apr 24th 2020, 8:52 PM

    @ThatLJD: Dettol?

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    Mute EdmundOrlando
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    Apr 24th 2020, 9:15 PM

    @ThatLJD: I hear that brother… I’ve gone from buying 8 packs of Heineken to 12 packs…..

    2
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    Mute ThatLJD
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    Apr 24th 2020, 10:22 PM

    @Dave O’Keeffe: Well stocks are running low, it’ll be a toss between toilet duck and pernod. I’m praying my sick smells pine fresh

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    Mute ThatLJD
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    Apr 24th 2020, 10:24 PM

    @EdmundOrlando: doing your bit for the economy, good man, remember to wear sunscreen with that!

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    Mute Dave O'Keeffe
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    Apr 25th 2020, 1:41 AM

    @ThatLJD: a fine cocktail of Pertol it is then.

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    Apr 25th 2020, 1:45 AM

    @Dave O’Keeffe: it’s cheap enough I may just try it!

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    Mute Jesus Christ
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    Apr 24th 2020, 7:33 PM

    I’m sure the 6 figure salaries helps too given you don’t have to worry about the next pay check, the next job or for many people when the doors of your pub, restaurant, gym will reopen. Or when musicians, comedians, yoga teachers, gym instructors, non essential retail staff, mechanics and so on, can get back to work.
    But you know Heineken Zero and all that

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    Mute Dave O'Keeffe
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    Apr 24th 2020, 8:04 PM

    @Jesus Christ: would you say the same to a pensioner cocooning?

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    Mute Jesus Christ
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    Apr 25th 2020, 4:47 AM

    @Dave O’Keeffe: is there a pensioner running the country?

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    Mute Dave O'Keeffe
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    Apr 25th 2020, 7:45 AM

    @Jesus Christ: just pointing out that they also don’t have to be concerned about the next pay day. Does it mean they can’t express their feelings on the process? Does it make how they feel less relevant? Your objection seems to be people with financial security not enjoying this. Might as well add in essential workers too. I agree many people are far worse off but that isn’t a consolation for anybkdt struggling mentally with this.

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    Mute seamus toomey
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    Apr 24th 2020, 7:27 PM

    Harris should try the quizzes

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    Mute Toon Army
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    Apr 24th 2020, 7:35 PM

    @seamus toomey: “How many previous Covids have there been?” Hint: the number is not the answer.

    42
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    Mute Donal Desmond
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    Apr 24th 2020, 7:41 PM

    Leo and cohorts having a laugh drinking wine after he told them about Eamon Ryan becoming Taoiseacht and he never told Michael Martin about it.. A Jesus it’s Martin knocking at the window again. Turn out the lights.

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    Mute Looney Tunes
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    Apr 24th 2020, 7:41 PM

    I see the Journal is fishing again

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    Mute Paul Dunne
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    Apr 24th 2020, 7:05 PM

    No social distancing in that photo ah sure most politicians are alien a d all they need is for disinfectant to be administered

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    Mute Talkingsense 2.0
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    Apr 24th 2020, 7:07 PM

    @Paul Dunne: it’s an old photo ffs

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    Mute Sean Murphy
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    Apr 24th 2020, 7:07 PM

    @Paul Dunne: read the sentence below the picture before making a stupid comment

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    Mute dstaffx
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    Apr 24th 2020, 7:19 PM

    @Paul Dunne: looks like you social distanced yourself from the description. But dont let the facts get in you’re way of a good comment opportunity

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    Mute Margaret Mcgarry
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    Apr 25th 2020, 12:02 AM

    @Paul Dunne: pre Covid read article

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    Mute Pauline Fedigan
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    Apr 24th 2020, 7:52 PM

    Does anyone really care?????

    21
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    Mute Dartin Molan
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    Apr 24th 2020, 7:46 PM

    There is a jym..cycling.. No distance between LEO the SACKED leader of government..a caretaker.. he needs to be caught with all lies..broken words.. it is like a batman movie.. leo is the Joker.. no hero.. never will be..

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    Mute Brianog2
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    Apr 24th 2020, 7:08 PM

    Yea dressed like that!!

    17
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    Mute Dean
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    Apr 24th 2020, 7:26 PM

    @Brianog2:
    Everyone wears a shirt to spin class, right?

    Totally not a photo opportunity.

    30
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    Mute Johnnyblue
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    Apr 24th 2020, 9:44 PM

    Picture says it all. All spin and no momentum

    14
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    Mute Jerry Siakasiya
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    Apr 24th 2020, 9:36 PM

    So this is how it feels in prison. Confinement, queuing and a little yard time.

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    Mute Cynical
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    Apr 24th 2020, 7:49 PM

    Jesus you’re all so hilariously cynical…

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    Mute Green Lentils
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    Apr 24th 2020, 8:07 PM

    @Cynical: you don’t really expect that most people who hang out here all day long waiting to spew bile are very healthy of mind, do you?

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    Mute Donal Desmond
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    Apr 24th 2020, 8:17 PM

    @Green Lentils: Is posting a comment relating to a subject spewing bile..A bit like now is not the time brigade.

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    Mute Test Religion
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    Apr 24th 2020, 11:23 PM

    OMG. They live in mansions and their small change is a fortune. This is as bad as Sam Smith and Madonna moaning in anguish and claiming the virus is a great social equalizer. Attention seeking is not a nice quality and Leo needs to grow up.

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    Mute Gasher
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    Apr 25th 2020, 8:00 AM

    I would have thought that Friday night would be used to do up thier expenses so they can lash them in on Monday…. them mileage and travel expenses wont claim themselves

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    Mute qwerty
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    Apr 24th 2020, 8:15 PM

    That caption under the photo makes no sense.

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    Mute Mick Curtin
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    Apr 24th 2020, 9:46 PM

    What an absolute load of gammy pr twaddle! Wasters – Regina, Zappone, FG – wasters and pretenders.

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    Mute Jimmy Mac
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    Apr 24th 2020, 9:21 PM

    There a shower of F—k heads, free gym, put them all against a wall and shot them

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    Mute Eugene Conroy
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    Apr 25th 2020, 9:40 AM

    An your chosen subject Mr acting Taoiseach in Kylie Minogue from 1980 to present . And popular songs by village people.

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