Alan and Frank Hynes say they will accept any disqualifications imposed by court

Liquidator is seeking their disqualification and the return of assets

The liquidator said Alan Hynes (pictured)  had sought at all times to completely deny any order made against him. Photograph: Aidan Crawley/The Irish Times

The liquidator said Alan Hynes (pictured) had sought at all times to completely deny any order made against him. Photograph: Aidan Crawley/The Irish Times

 

Businessman Alan Hynes and his cousin Frank Hynes will accept any disqualifications the High Court may impose, they told a judge on Wednesday.

The two are the subject of court applications by a liquidator seeking disqualification and/or restriction from directorships as well as the return of assets from liquidated companies connected with the Tuskar group.

The court also heard evidence from Frank Hynes’s sister, Fiona Hynes, that her shares in one of the companies were transferred to another firm without her knowledge or her consent at a meeting she was not at because she was abroad on holiday at the time.

Mr Kirby told the court, among other things, that Alan Hynes, who had previously been disqualified as a director, sought at all times to completely deny any order made against him and to insist on blaming others who had absolutely nothing to do with the case for wrongdoing.

He said there were hundreds of communications, mainly by email, from Alan Hynes, who also answered on behalf of Frank Hynes, which were generally evasive of the questions put to both men.

He believed Alan Hynes and Frank Hynes, along with a third man, Dr Adrian O’Reilly, based in Cambridge, England, were all culpable for the wrongdoing, with Frank Hynes’s wife Martina Hynes culpable to a lesser extent. Alan Hynes acted as a shadow director of the companies throughout, he said.

Mr Kirby is asking the court to order that assets that were allegedly transferred out of three related companies be returned.

Mr Kirby is also seeking orders that the officers of the company bear personal liability in relation to the companies in which he says adequate accounting records were not kept. He is also asking the court to assess damages against certain individuals.

Tuskar Property Holdings

Mr Kirby is the liquidator of Tuskar Property Holdings, whose directors and owners were Alan Hynes and his wife Noreen Hynes until 2009 when it became wholly owned by Dr Adrian O’Reilly, who is also a respondent in the case and Alan Hynes’s brother-in-law. Mrs Hynes is not a respondent.

Mr Kirby is also the liquidator of Hynes Jewellers (Wexford) Ltd and JW Fashions Ltd.

Along with Alan Hynes, Dr O’Reilly, and Frank Hynes, who was a director of Hynes Jewellers and JW Fashion, the other respondent is Martina Hynes, who co-owned certain assets. A fifth respondent is Tuskar Investment Group Ltd, which is 100 per cent owned by Dr O’Reilly.

Only Alan Hynes and Frank Hynes made appearances before the court, both remotely.

Frank Hynes, who joined the hearing for part of Wednesday by audio link, said he is seriously ill and wants the case to be over. He will consent to whatever disqualification orders the court decides and he would “take it on the chin”.

Before leaving the link, he said: “I just want this sorry tale over with because really [...] it is just killing me and killing my family and I physically feel sick. I am going to have to go”.

Alan Hynes, who joined by video link, also indicated he was not opposed to any disqualification order but wanted to reach a settlement with the liquidator for the amount of money owed.

By the afternoon, Alan Hynes had not rejoined, but he sent an email to the liquidator saying he wanted to see a document that would address the liquidator’s concerns before he signed it and would not be seeking to cross-examine any witnesses.

The hearing went ahead in the absence of all the respondents.