Wednesday 11 December 2019

Widow (71) granted leave to inspect property documents of doctor who had allegedly misappropriated her funds

An open verdict was returned at the inquest into the death of a Belgian student who
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Saurya Cherfi

A 71-year-old widow, who was awarded almost €720,000 in the British High Court six years ago against a London doctor, was today granted leave by the Circuit Civil Court to inspect documents relating to properties he owns in Dublin.

Barrister Lorna Lynch told Judge Matthew Deery that Mrs Letizia Gabriella Adler-Jensen had registered judgment mortgages against the two properties owned by father- of-three Ashraf Kamal Elnazir. 

The court heard that Elnazir had befriended Ms Adler-Jensen shortly after her husband Harry’s death 12 years ago and, she claimed, he had misappropriated monies and properties belonging to her.

Adler-Jensen alleged in an affidavit that the London High Court judgment she had obtained for €720,000 had been registered in Ireland in 2008 and Elnazir had been restrained from mortgaging the Dublin properties or reducing their value in any way.

Ms Lynch, counsel for Adler-Jensen, told the court her client, who did not appear personally, had registered judgment mortgages against the properties at Fernleigh Dale, Castlenock, Dublin, and at Grand Canal Wharf, Dublin.

Adler-Jensen, with an address at Sutton Court Road, London, said in her affidavit that Elnazir and his late wife, Vivian Ayad, were the owners of the Dublin properties when she had obtained the judgment mortgages. She alleged the properties had been transferred into the names of  Mr Elnazir, with his late wife described as “tenant in common,”  months after Mrs Ayad  had died.

Adler-Jensen said she was concerned that the changes in title had been made to defraud her as she could now only enforce the judgment mortgages against half of each property. 

Ms Lynch said an application made to the Property Registration Authority in Dublin in February last by Mrs Adler-Jensen, seeking a copy of documents relating to the Dublin properties, had been refused and she was now appealing this decision, by way of sworn affidavit, to the Circuit Civil Court.

Judge Deery, when told that the Property Registration Authority was neither consenting nor contesting Mrs Adler-Jensen’s appeal, made an order granting her leave to inspect the documents.

Mrs Adler-Jensen said in her affidavit that Elnazir had been struck off the Medical Register in the UK last year (2013) after a Medical Practitioners Tribunal had found him guilty of misconduct in relation to misappropriation of her monies and properties.

Elnazir, who was a surgeon and leading colonic specialist at the Chelsea and Westminster Hospital, London, had denied at the UK Medical Tribunal all the allegations Adler-Jensen had made against him.  He  did not appear to challenge today’s proceedings.

The Tribunal, whose decision was exhibited in today’s appeal, held that Mrs Adler-Jensen and Dr Elnazir had developed a sexual relationship and stated she had “ conferred the trust and respect she had for her husband on you the doctor.”

Mrs Adler-Jensen said she and Elnazir had opened a joint HSBC account for “business investments” into which Mrs Adler-Jensen transferred almost €1million between 2003 and 2006.

Adler-Jensen told the London High Court in October 2007 that Elnazir had exploited her “emotionally vulnerable state to bleed her of almost every penny she had.”  She had given him her “absolute trust” after having been grief stricken by her husband’s death. 

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