Business Irish

Friday 9 December 2016

The key players involved in long-running saga

Published 20/01/2010 | 05:00

BILL SHIPSEY:

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High Court Inspector

The Senior Counsel and commercial lawyer from Dunmore East, Co Waterford, was appointed as High Court Inspector in July 2008 and completed his 970-page report within the 18-month deadline set by the courts.

The married father of four, who represented developer Liam Carroll's Zoe group in last year's examinership odyssey, has been a member of Amnesty International for 30 years. No stranger to high profile and celebrity cases, he represented property developer John Byrne in the Ansbacher affair; the late accountant Des Traynor before the McCracken Tribunal and financier Dermot Desmond in the Flood and Moriarty Tribunals.

PAUL APPLEBY:

Director of

Corporate Enforcement

Paul Appleby was appointed in 2001 as Ireland's inaugural corporate policeman by the then-Minister for Enterprise, Trade and Employment, Mary Harney. The Office of the Director of Corporate Enforcement (ODCE) was created at Harney's insistence following the McCracken (Dunnes payments) tribunal.

A highly respected civil servant, Appleby has simultaneously been accused of either going over the top in what are perceived to be minor matters or not being aggressive enough in others.

The Supreme Court left his office with little option but to seek a High Court Inspector in the DCC/Fyffes saga when it declared that insider trading was "a fraud on the market."

Peter Kelly:

High Court judge

The bete noir of white collar criminals and errant companies, the outspoken judge is the head of Ireland's fast track Commercial Court.

The Dubliner has won widespread praise for his efficient management of the dedicated business court and his expert knowledge of corporate affairs is superior to that of his many judicial colleagues.

In July 2008, Judge Kelly acceded to a request by the ODCE to appoint a High Court inspector to DCC, S&L and Lotus green, stating that "a thorough investigation" was in the public interest.

JIM FLAVIN

DCC founder

Jim Flavin is not well-known outside business circles but chances are you've bought something that the company he founded distributes.

DCC, which was set up by the former Blackrock College boy in 1976, employs more than 7,000 and sells everything from KP nuts to home heating oil and medical aids for the elderly. The company itself, which has made 67-year-old Flavin and his wife Mary among the country's wealthiest couples, usually buys small bolt-on operations from sole traders and merges them with other firms.

Mr Flavin preferred to exercise total control over a company or sell the stake to somebody else. This appears to have been the trigger for DCC's decision to sell its 10pc stake in Fyffes which eventually resulted in a decade of litigation.

Irish Independent

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