Bid to halt hotelier's private prosecution of bank officials fails
Published 16/07/2013 | 05:00
AN attempt to halt a Dublin hotelier's private prosecution against officials at the Irish Bank Resolution Corporation (IBRC) for alleged deception has failed.
Mary Kelly and Declan Buckley, who has since retired from the IBRC, face a possible prosecution at Dublin District Court, which has been brought privately by businessman Patrick Halpin.
Mr Halpin is a director of Crossplan Investments Ltd and Elektron Holdings Limited, of Aberdeen Lodge, Park Avenue, Sandymount, Dublin.
IBRC (now in special liquidation) appointed a receiver to both his companies – which are involved in the hotel business, including the Merrion Hall boutique hotel in Dublin 4 – as a result of alleged default of loans of €23m.
However, Mr Halpin claims that both Ms Kelly and Mr Buckley represented to him that IBRC was prepared to continue in a process that would allow Elektron Holdings Ltd to stay trading, on February 17 last year.
An attempt had been made in the High Court to halt Mr Halpin's action on the grounds that it was frivolous and vexatious.
Yesterday, at Dublin District Court, Judge John O'Neill was told by a lawyer for the defendants that the High Court had extended a stay on the prosecution until October 15.
A written High Court judgment is to be given next week and the issue of costs is to be dealt with, the lawyer told Judge O'Neill.
However, Mr Halpin, representing himself, told Judge O'Neill that this was "slightly misleading" and contended that the High Court last week had ruled in his favour and the case was listed again next week for the written decision to be given. He also contended that Mr Justice Gerard Hogan has not quashed the district court proceedings.
"He has ruled on four or five points in our favour," he also said, adding that the stay on the case until October 15 has been in place in the event that there is a Supreme Court appeal.
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