Sunday 22 October 2017

IBRC failed to block prosecution for deception, businessman tells court

Tom Tuite

AN attempt to halt a Dublin hotelier's private prosecution against officials at the Irish Bank Resolution Corporation (IBRC) for alleged deception has failed, a judge was told today.

Mary Kelly and Declan Buckley, who has since retired from 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 4.

IBRC (now is special liquidation) appointed a receiver to both his companies, which are involved in the hotel business including the Merrion Hall boutique hotel/guesthouse in Dublin 4, as a result of alleged default of loans of €23m.

However, Mr Halpin has had summonses issued against both Ms Kelly and Mr Buckley.

He is alleging that they by deception falsely 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.

Counsel for the bankers had also argued that summons should not have been issued against them and a district judge who had issued them had erred in law.

Ms Kelly is a case manager with the banks' Recovery Management Division, and Mr Buckley is a former employee of IBRC, where he had held a position of Director of Banking.

Yesterday (MON) at Dublin District Court Judge John O'Neill was by a lawyer for the defendants that the High Court had extended a stay on the prosecution until October 15 next. A written High Court judgement 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 place in the event that there is a Supreme Court appeal.

“I have no reason to doubt you but I do not have the order, you say a decision has been made by Mr Justice Hogan, there is a stay on the matter,” said Judge O'Neill as he adjourned the case until a date in October.

 

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