High Court orders arrest of lawyer over failure to pay debt

The High Court has made orders for the arrest and committal to prison of a US attorney who has repeatedly failed to live up to promises to pay €169,000 he accepts he owes to a businessman.

Lawrence Daniel O'Neill is still in New York having left over a week ago for what he said was an "overnight emergency" and after he had made his 16th promise in the last two months to pay the money to restaurateur Adriano Fusco.

He had sent a lawyer to court to represent him again promising the money would be in Mr Fusco’s solicitor’s account by Friday. The solicitor, Martin Moran, told the court on Friday, despite Mr Moran’s belief the matter would be resolved by the money being in court this day, it was not.

He totally understood the frustration of Mr Fusco and his lawyers but he was "unfortunately none the wiser". Mr O'Neill, a member of the New York Bar who lives with his family in Gilford Road, Sandymount, Dublin, owes the money to Mr Fusco, of Johnstown, Co Kildare, arising out of a transaction in which Mr O'Neill was holding a larger sum from a business deal Mr Fusco had been involved in.

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Sixteen assurances

William Maher, for Mr Fusco, said he had totted up the number of times Mr O’Neill had given assurances since the case began two months ago that the money would be paid and it came to 16.

Mr O’Neill only responded to proceedings being brought against him in December when a garda arrived at the door of his home with notice of the application to have him committed to prison for contempt of a court order requiring he repay the money immediately, counsel said.

Despite numerous promises to the court the money would be paid, it had not been. At this stage, Mr Fusco’s business had been seriously affected as he had committed to making certain business payments on the strength of the promises from Mr O’Neill, counsel said. “We have absolutely no confidence in Mr O’Neill at this point.”

Mr Justice Tony O’Connor said he had reviewed all the evidence and was satisfied to grant the order that gardaí arrest Mr O’Neill and he be committed to prison for 28 days unless he purges his contempt in the meantime.