Court seeks Garda update on whereabouts of financial adviser
James Doherty faces charges of contempt over €159,000 in client funds
Ms Justice Leonie Reynolds, in adjourning the case for two weeks, said she wanted to be updated by the Garda, either by sworn statement or by an officer attending, about efforts to locate James Doherty
A High Court judge has said she wants to be updated by gardaí about their efforts to locate a financial adviser and bring him before the court to answer charges of contempt.
James Doherty, who is alleged to have used investors’ funds for his own personal use, is believed to be somewhere in the UK, but is thought to return to Ireland “intermittently”.
Ms Justice Leonie Reynolds previously made orders against Mr Doherty including for judgment in the sum of €159,000 and freezing his own assets and the assets of two of his companies over alleged failure to return €159,000 advanced to him as an investment.
She also directed he should be arrested and brought before the court over his alleged failure to comply with the court’s orders.
Mr Murphy, of St Anne’s Park, Quinn Road, Shankill Co Dublin, claims the monies were to be invested in a company that provides care for people but the money never went where it was supposed to go. Mr Murphy made several requests for his investment to be returned to him but claims Mr Doherty has failed to do so.
Last December, Mr Murphy’s lawyers secured freezing orders against Mr Doherty trading as Demvera Capital Partners, with a registered address at Serpentine Business Park, Serpentine Avenue, Ballsbridge Dublin, and a related company, Demvera Trust unlimited Company, with an address at Burnfoot Business Park, Main Street, Burnfoot, Co Donegal.
The orders prevent the defendants reducing their assets, including sums held in two bank accounts in Co Dublin and Donegal, beneath a value of €159,000.
Mr Doherty, who was alleged to have represented himself as an accountant and a financial adviser, was also ordered to produce a list of all his assets within four weeks.
On Friday, Eugene Gleeson SC, for Mr Murphy, told Ms Justice Reynolds the money had not been returned to his client, and Mr Doherty had also not complied with the order to furnish the court with details of his assets.
Counsel said there had been email correspondence with Mr Doherty which did not address the issues arising out of the court proceedings.
Mr Doherty had tendered several “excuses” but has never made any attempt to comply with the court’s order, and Mr Murphy had no option but to seek an order for Mr Doherty’s attachment and committal to prison for his contempt. While Mr Doherty is thought to be in the UK, it is believed he returns here on occasions, counsel said.
Since the proceedings were launched Mr Doherty has never attended on any occasion that the case was before the court, and no lawyer has come on record to represent him.
Ms Justice Reynolds, in adjourning the case for two weeks, said she wanted to be updated by the Garda, either by sworn statement or by an officer attending, about efforts to locate Mr Doherty.