Former Anglo executive to subpoena Sean Quinn over judgment
FORMER Anglo Irish Bank head of lending, Thomas Browne, intends to subpoena bankrupt businessman Sean Quinn Snr and two former senior executives in the Quinn Group in defending the bank's claim for €50m judgment orders against him, the Commercial Court heard yesterday.
Mr Browne will also subpoena former Anglo chairman Sean FitzPatrick and other former or serving directors, non-executive directors and officials of the bank, including Patrick Whelan, Declan Quilligan, Michael O'Sullivan, Lar Bradshaw, Elma Kinnane, Michael Jacob, Anne Hearty, Garry McCann, Natasha Mercer and Willie McAteer.
While Mr Browne had intended to subpoena former Anglo CEO David Drumm, he has now decided not to, Mr Justice Peter Kelly was told by Micheal P O'Higgins, for Mr Browne. They had been unable to make contact with Mr Drumm, who was "not amenable to subpoena".
The judge, who had asked Mr Browne's side to outline the nature of the evidence they intended to be covered by the witnesses they proposed to subpoena, was given that outline yesterday.
Lawyers for Mr Browne said they intended to call Sean Quinn Snr and former Quinn Group executive Liam McCaffrey to give evidence on a meeting of September 11, 2007, where Mr Quinn told Anglo about his Contract for Difference (CfD) positions within the bank.
They would also be asked to give evidence about loans given to Mr Quinn, his family and the Quinn Group.
Another senior Quinn Group executive, Dara O'Reilly, would be asked about his communications with Anglo in September 2007 and thereafter, in relation to requests made on behalf of the Quinn family for funding to meet margin calls on the CfDs.
Mr Browne's solicitors also indicated they wished to subpoena 'Irish Times' journalist Simon Carswell, author of 'Anglo Republic', as his book contained "copious references to information contained within the confidential records of the bank".
Mr Justice Kelly said it was clear Mr Carswell's information was inadmissible hearsay as it represented what he was told by others.
The judge has adjourned to September further pre-trial management issues arising from the action by Irish Bank Resolution Corporation (formerly Anglo) against Mr Browne, which is listed for hearing in October.