The Gazette 1976

March 1976

GAZETTE

did not know him. He started to collect some docu- ments. He said he was Mr. Bates and she told him he had no authority to take them. He said they were personal documents and that the bank had no authority to keep them. Clement Cooper said, in evidence, that he was employed by Mr. Shorthall. He was in a room below the Board Room when Mr. Bates entered. One of the girls came down and told him what had happened. The girl asked him to go upstairs to see what Mr. Bates was taking. He went up and the two men with Mr. Bates were there. Circumstances outlined in which documents taken Mr. Bates, he said, was coming out with a tin box in his hand. When he told Mr. Bates that he was not entitled to take anything. Mr. Bates ignored him and was putting documents into a large white bag. He also had a blue file in his hand. He thought another man had another white bag. They walked past him towards the front door and he followed them down. There was a car outside with Mrs. Bates, whom he had seen previously, standing at the door of the car. They threw everything through the back door of the estate car. Mr. Cooper said he then locked the front door. Mr. Patrick Shorthall said he had been appointed provisional liquidator on February 10th and he was in possession of the premises, documents and other pro- perty. He did not authorise Mr. Bates to remove documents or other items from the premises. Mr. Justice Hamilton said he was satisfied that Mr. Bates's action amounted to a deliberate contempt of the order made. He issued an order directing the Commission of the Garda Soochana to arrest Mr. Bates forthwith. Application to Supreme Court Later in the Supreme Court, Mr. McCracken applied for a stay of execution on the order. He outlined the proceedings that had taken place in the High Court and said they could be ready with an appeal within a day or two. They were very concerned about a winding-up taking place in a matter that was contrary to the wishes of all the creditors who had appeared before the High Court. His clients had opposed the order being made under the Central Bank Act as they felt it did not give a proper protection or right of audi- ence to the creditors. Complex problem Also, he said, they had doubts as to the capacity of the Official Assignee's office to deal with this type of case in which there were some 1,400 depositors or creditors in a Bank which had offices in Manchester as well as in Dublin. It had been suggested that could be got around by employing outside accountants to help the Official Assignee but, again, these would be one degree removed from the Court and even more removed from the creditors of the bank. They felt that it was particularly important that the Official Assignee should not take any steps until the matter was finally determined by the Supreme Court. The Court allowed the stay and said it would hear the appeal on Friday. Mr. Bates in Court Later in the afternoon the High Court reassembled

made a similar order on the application of Mr. Vincent Landy, S.C., for the Irish Trust Bank Ltd., and he awarded the costs of the petition to the creditors represented. Mr. McCracken said he was instructed to ask for a stay on any order the Court might make and he could undertake to expedite any appeal. He ' thought the Supreme Court would entertain any application for a quick hearing. Mr. Justice Hamilton said he was satisfied his orders were correct and he saw no reason to put a stay on them. If Mr. McCracken wanted to appeal he could apply to the Supreme Court. When Mr. McCracken said he was instructed to ask for the appointment of a Committee of Inspection, Mr. Justice Hamilton said he would make no order in this regard for the moment. The Court then rose, but half an hour later it was reported to Mr. Justice Hamilton that three men had entered the boardroom of Irish Trust Bank and removed documents. Mr. Justice Hamilton made the order for the attachment of Mr. Bates, his servants or agents from removing any papers from the bank from the jurisdiction. Application for attachment for contempt of Court Mr. O'Neill said that Mr. Bates and two other men had entered the bank at 10.30 a.m. and removed a substantial number of documents. He suggested that this constituted contempt of the Court Order appoint- ing Mr. Patrick T. Shortall as provisional liquidator who was, at the time, in possession of the premises and documents of the Irish Trust Bank. Mr. O'Neill said he was making the application on behalf of the Central Bank to have Mr. Bates attached for contempt. They were concerned that Mr. Bates might leave the country with these documents. Brian Loughney, in evidence, said he was manager of Irish Trust Bank Ltd. and he was taken on by Mr. Shortall when he was appointed provisional liquidator. At 10.30 that morning Mr. Bates arrived through the f r ont door accompanied by a Mr. Sean O'Shea and another man whom he did not know. Mr. O'Shea was chief executive or general manager of Emerald Isle Holdays and was associated with one of Mr. Bates' companies. The three men went up the backstairs to the board room. He said that when he got to the door a girl was pushed back by Mr. Bates. He (witness) went down- stairs and called Mr. Cooper of Coopers and Lybrand, to tell him what had happened. Wh en he returned Mr. Bates was on his way out with what appeared to be a long sack containing what looked like documents. Fidema Mundo of Mr. Shortall's (the provisional liquidator) staff tried to stop Mr. Bates at the door and said he had no authority to go in. He mentioned something about seeing her in court or something like that. He said he heard Miss Mondo tell Mr. Bates he was not to take the stuff, that he had no authority to do so.

Authority to take away documents challenged

Miss Mundo, in evidence, said she was an employee of Mr. Shortall in the Irish Tr u st Bank and she was alone in the Board Room when Mr. Bates came in. She

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