Sunday 17 December 2017

Challenge stalls attempt to bring private prosecution against two IBRC officials for alleged deception

Tom Tuite

A LEGAL challenge has further delayed a Dublin hotelier's attempt to privately prosecute officials at IBRC for alleged deception.

Mary Kelly and Declan Buckley, who has since retired from the Irish Bank Resolution Corporation (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.

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

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, 2012.

An attempt had been made in the High Court to halt Mr Halpin's action on the grounds that it was frivolous and vexatious.

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.

In July last year, at Dublin District Court, Mr Halpin, representing himself, told Judge John O'Neill that the High Court had ruled in his favour.

At the following hearing, in October, a lawyer for Ms Kelly and Mr Buckley told Judge O'Neill that there is an injunction in place restraining the district court proceedings. A book of appeal in relation to the High Court ruling had been lodged by the defence with the Supreme Court.

Yesterday (TUE) the case was listed again at the district court and a defence barrister told Judge O'Neill that there is still a stay on the proceedings pending the Supreme Court appeal. She asked for the case to be listed again in six months however, Mr Halpin, asked a shorter adjournment. He said that on Thursday (JAN 23) the Supreme Court will be setting the date to hear the appeal.

Judge O'Neill adjourned the case which will be listed again at the district court for mention in four weeks.

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