Sunday 28 December 2014

Gayle Killilea files complaint with gardai over Nama 'leaks'

Published 08/06/2014 | 02:30

Documents: Gayle Killilea
Documents: Gayle Killilea

GAYLE Killilea has gone to the gardai and made a criminal complaint against Nama alleging the State's so-called bad bank leaked information to the media and hired private detectives to spy on her.

The sensational revelation is contained in documents filed last Wednesday in the courts of Connecticut in which Ms Killilea's lawyers sought protective orders limiting the scope of Nama's efforts to extract information from third parties with whom she has done business.

While Ms Killilea insists she has no difficulty with Nama's request, her lawyers say the vast majority of the material being examined in no way related to the agency's pursuit of her husband, the developer Sean Dunne.

Highlighting the concerns Ms Killilea has in relation to the handover of her private financial and business information to Nama, her lawyers state: "It [Nama] uses its position to obtain information on third parties, such as Killilea, and then abuses this power by either leaking this information to the media and/or other commercial entities or by using it in vexatious lawsuits intended to inflict maximum reputational damage..."

In a further claim against the agency, they add: "Nama further seeks to focus media attention on Killilea as a high-profile individual in order to deflect and distract from the illegal activities occurring within Nama and the secretive business arrangements it has with other debtors."

Referring to the alleged "ongoing campaign of harassment", the details of which Ms Killilea has now reported to the gardai, her lawyers state: "Killilea's criminal complaint is one of 12 known criminal investigations being undertaken by the Irish police into Nama due to complaints by third parties. A number of these complaints allege Nama leaked certain individual's private and sensitive commercial information. Indeed, because of the number and seriousness of the complaints about criminal activity in Nama, a special task force within the Irish police has been established to investigate alleged criminal activities of Nama."

News of Ms Killilea's criminal complaint comes just over a week after justice minister Frances Fitzgerald confirmed to the Dail that a senior officer from the Garda fraud squad had been appointed to look at all the issues arising from 16 complaints relating to activities at the agency.

In a written Dail response to Stephen Donnelly TD, Ms Fitzgerald said: "I am informed by the garda authorities that there are currently investigations relating to 16 complaints in total involving Nama.

"I am further informed that a detective inspector from the Garda Bureau of Fraud Investigation (GBFI) has been designated as senior investigation officer in relation to all complaints made by, and against, Nama."

While Nama responded then to say it was aware of four separate investigations relating to two ex-employees and two debtors, all of whom it had referred to gardai, a spokesman for the agency said it was not aware of the 12 other investigations.

In Ms Killilea's case, her lawyers say in court filings that her garda complaint alleges the leaking of information to the media, a criminal offence under the Nama Act, and of hiring investigative agencies to spy on her.

On Nama's alleged treatment of her, the lawyers add: "Nama has sought to destroy Killilea's reputation in both business and in her personal life by making consistent, but vague and unsubstantiated allegations of fraud against Killilea. Nama has consistently depicted legal transfers between Sean Dunne and Killilea that occurred between 2005 and 2008 as fraudulent, at a time when it is well established that Dunne was worth millions of euro."

A spokesman for Nama declined to comment.

Sunday Independent

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