Anglo lawyers to question Quinns on assets in court
Published 12/12/2012 | 05:00
MEMBERS of bankrupt billionaire Sean Quinn's family will have to face cross-examination to establish if they have given full details of their accounts and assets, a judge has ruled.
Mr Justice Peter Kelly yesterday gave the go-ahead to the former Anglo Irish Bank, now the Irish Bank Resolution Corporation (IBRC), to carry out the court cross-examination.
Mr Justice Kelly said he was satisfied this was necessary "to fill the vacuum".
Two days have been set aside in the Commercial Court on January 24 and 25 for Sean Quinn Jr and his wife Karen Woods; the Quinn daughters Ciara, Colette, Aoife and Brenda; and Ciara's husband Niall McPartland, to take the stand.
They will be asked about information in affidavits already sworn by them, including new information disclosed in more recent affidavits.
The Quinns say they have disclosed full details but the bank claims otherwise.
The judge said the bank's application has been criticised as amounting to a "fishing expedition".
"It is not and will not be permitted to become a trawl through material which will fall to be determined at trial", he said. The judge said Richard Woodhouse, of the IBRC, had identified principal areas of alleged non-disclosure or inadequate disclosure which were the focus of the bank's application including documents relating to the control of the Quinn international property group (IPG) companies, assets and bank accounts and documents relating to salaries from Russian IPG companies in 2011 and 2012.
Mr Justice Kelly said if the court directs the cross-examination it is to be assumed it will be conducted in accordance with the rules of evidence and with due regards for such defendants' entitlements both under the Constitution and the European Convention on Human Rights.
The judge rejected the contention put forward by the Quinns that a number of documents which have been disclosed referring to activities in Russia are now within the remit of the Russian courts.
He also rejected the Quinns' argument that the court ought not to order cross-examination unless in the case of each and everyone of them there is identified a specific shortcoming or query in relation to disclosure already made.
The judge said it was quite clear "even from a cursory perusal of the email traffic which has been disclosed to date that members of the Quinn family and their in-laws have over periods of time been in constant communication with each other pertaining to assets, transactions and dealings in respect of these extensive properties situated in other jurisdictions".