MEMBERS of the Carway family had inspected certain Garda files which were proving to be a gold mine of information in their favour in connection with the case being taken against them by CountyGlen plc, the Supreme Court was told yesterday.
The court refused an application by the Carways for an adjournment of the start of the trial due to begin in the High Court today.
Dr Michael Forde SC, for the Carways, making the application, said the pleadings had not closed in the case and documents were not received until close of business on Friday. He said this was a case of alleged fraud and there were other discovery orders outstanding against five or six parties.
Mr John Carway and Mr Stephen Carway visited Harcourt Street Garda HQ to look at certain documents relating to the file of the inspector appointed to investigate the affair of CountyGlen, Mr Frank Clarke SC. Dr Forde said these documents had yielded quite remarkable information. The High Court had ordered last month that they could look at the files.
They were proving to be a gold mine, or more correctly, a minefield, of information in the Carways' favour. Because of the significance of the information, they felt they needed more time to go back and look further.
The hearing would start with a preliminary issue which raised certain profound questions regarding procedure. The issue may involve consideration of Mr Clarke's report. There were two full cabinets of documents at Garda HQ. They needed the opportunity to peruse them, as one never knew what other gems might fall out of them.
Mr Ray Fullam SC, for CountyGlen, said they had supplied full particulars. Notwithstanding, they agreed to make further replies and delivered them on Friday. The "gold mine" could be investigated during the course of the trial. The trial itself was unlikely to start this week because of the preliminary issue.
Mr Justice O'Flaherty, in his ruling, said that broadly the company was alleging that it had been defrauded of funds and assets. Mr Clarke had written an interim report in July 1994 and another in October 1994.
