A BUSINESSMAN and a company have denied oil they supplied in the contaminated animal feed scare was defective.
Gerard Tierney and Newtown Lodge Ltd have claimed the contamination, over which they are being sued for f36m by Millstream Recycling Ltd (MRL), was not due to defective oil. The scare led to the recall of all Irish pork products two years ago.
Mr Tierney and Newtown claim Millstream was told by a Northern Ireland company in 2008 there was nothing wrong with the oil and what was at issue was a "system" being used by Millstream Power Ltd at its premises in Fenagh, Carlow.
Alternatively, if the oil was contaminated, Mr Tierney and Newtown claim it is no fault of theirs as, they allege, the oil was supplied to MPL by another company, O'Neill Fuels Ltd, of Coalisland, Co Tyrone.
Mr Tierney, of Newtown Park Avenue, Blackrock, Co Dublin, and Newtown Lodge, with registered offices in Fairview, Dublin, of which he is a director, are both being sued by MRL, of Clonmahon, Bunclody, over the contamination.
A separate application by Mr Tierney to dismiss the case against himself opened yesterday before Mr Justice Charleton and will continue next week. Alternatively, Mr Tierney is seeking an order requiring MRL to provide security for costs of the proceedings.
In seeking to join O'Neill Fuels Ltd yesterday, Ross Gorman, for the defendants, said it was their case the Northern company had supplied the oil at issue. If it was contaminated, it was not due to any fault of theirs.