Liquidator investigating what happened to €3.8m of charities' donations asks court if firm's boss is on 'a gap year'
Lawyers representing the liquidator of the collapsed charities fundraising service Pembroke Dynamic and two related entities, have asked if the firm’s boss is "currently on a gap year" after hearing he is in Munich.
Gerard Meehan Bl for the company's liquidator Myles Kirby told Ms Justice Leonie Reynolds his client wants to progress proceedings brought against businessman Peter Conlon in 2018.
However Mr Kirby has not been able to do this for a number of reasons.
Late last month Mr Conlon was due to attend at the offices of the liquidator's solicitor to inspect documents, counsel said.
However Mr Conlon failed to show up, counsel said, adding that his client was recently informed that the businessman was currently in the German city of Munich.
Since the proceedings began Mr Conlon had resided "in the South of France", and had been "a guest of the Swiss State," when he served 12 months in a Zurich prison following his conviction for embezzlement.
Counsel said it appeared that Mr Conlon, who had also not responded to issues concerning the discovery of documents, was currently on "a gap year."
Mr Kirby launched proceedings against Mr Conlon as part of his probe into what happened to some €3.8m in donations to dozens of charities allegedly misappropriated by the Dublin firm.
Mr Kirby remains prepared to facilitate the inspection, and had offered February 21 as an alternative date for that process to take place.
If Mr Conlon did not take up that offer, counsel said his client wanted the court to fix a date for the hearing on the action.
Mr Conlon's solicitor Robert Dore told the court that his client was indeed in Munich, was "penniless" and was attempting to get back to Ireland, so he can take up the offer in relation to the inspection of documents on February 21.
Mr Dore also said there would be a response in relation to issues concerning discovery very shortly.
Ms Justice Reynolds said if Mr Conlon did not attend at the solicitor's offices on February 21 the matter would "simply move on".
Mr Conlon was being facilitated by the liquidators and any failure to take up that offer meant the businessman was the "author of his own misfortune".
The matter will return before the court later this month.
Two years ago, arising out of Pembroke Dynamic's liquidation, Mr Kirby secured an injunction from the High Court freezing Mr Conlon's assets, including his bank accounts, below a value of €3.8m.
Mr Kirby wants to progress the action where he seeks various orders including one that Mr Conlon be made personally liable for the company's debts.
Mr Conlon whose family home is in Ballsbridge, Dublin, denies the claims and wants the freezing injunction against him lifted.
The case has been adjourned, with the freezing orders remaining in place, on several occasions over the last two years.