Family of Seán Quinn appeal against second deferral of action

Businessman Sean Quinn's family have appealed to a High Court judge not to grant the DPP a second deferral of the hearing of their action. They allege they are not liable for about €2.34 billion loans advanced by the former Anglo Irish Bank to Quinn companies.

The DPP says there is a “clear threat” to the fairness of criminal proceedings against former Anglo chairman Sean Fitzpatrick, due to open before a jury on April 13th, from the Quinns’ civil action, due to open at the Commercial Court on April 14th.

Mr Fitzpatrick has been served with a subpoena notice, indicating the family intend to call him as a witness.

Opposing the DPP's bid to defer the Quinns' case, Martin Hayden SC said the Quinns initiated their case in 2011 and they are entitled to "some finality" and have the same right as any citizen to have their case heard.

A number of German bankers are among the witnesses to be called and considerable work has gone into structuring the case, he added. The case is against State-owned IBRC (Anglo's successor in title) and its special liquidator Kieran Wallace and is expected to last at least six months.

Mr Hayden said it was “nonsense” for the DPP to argue, because their case involves various claims against Anglo, that could jeopardise Mr Fitzpatrick’s trial on charges under the Companies Acts, he said.

It was “not credible” to suggest there are 12 people in the State who have not been affected by Anglo’s conduct, he said.

The Quinns were prepared to agree to some reporting restrictions on their case if that would ensure it went ahead on April 14th, a hearing date fixed almost a year ago, he added.

The family agreed to a previous deferral of their case pending other criminal proceedings against Mr Fitzpatrick and two Anglo executives.

Mr Fitzpatrick was acquitted, while Pat Whelan and William McAteer were found guilty, of giving illegal loans to 10 developers to buy shares in the bank in breach of Section 60 of the Companies Act.

Mr Hayden said they consented to that first deferral because those criminal proceedings directly related to issues in the Quinns’ civil action but the same circumstances did not apply to this deferral application.

Paul O’Higgins SC, for the DPP, said it was highly desirable the civil action go ahead as soon as possible but, in the circumstances that had arisen, the director considered there was a clear threat to the fairness of the criminal proceedings if the civil action went ahead on April 14th.

Mr Fitzpatrick could be a witness in the civil action and a defendant in criminal proceedings running side by side, he said.

It had been intended the criminal proceedings would open this month but third party discovery from accountancy firm Ernst & Young, Anglo’s former auditors, was not complete, counsel said.

The DPP was also concerned about a danger of adverse publicity should the civil case proceed just as a jury was about to be sworn in for the criminal proceedings. Due particularly to social media, the DPP did not consider reporting restrictions could adequately address that risk.

The other parties did not oppose the DPP’s application but Shane Murphy SC, for IBRC, said it was very anxious the family’s “very important” case, which his side would vigorously defend, should proceed this year.

Mr Justice Brian McGovern remarked he would have concerns about reporting restrictions on this civil action of “major public importance”. He said he wanted to consider the issues overnight and would rule tomorrow on the DPP’s application.

IBRC previously joined Sean Quinn Senior and two former Quinn Group executives, Dara O'Reilly and Liam McCaffrey, as third parties to the civil case for the purpose of claiming indemnities against them should the family win orders avoiding liability for the €2.34 billion loans.