Foynes port directors granted injunction

A High Court judge has said there was "at least a coincidence in time" between the making of allegations against two directors…

A High Court judge has said there was "at least a coincidence in time" between the making of allegations against two directors of the Shannon Foynes port company and the convening of crucial meetings of the port company board on the Limerick Docklands Initiative (LDI).

The directors concerned are chief executive officer Brian Byrne and non-executive director Morgan Leahy,

Mr Justice Frank Clarke made the comment yesterday when granting Mr Byrne and Mr Leahy an injunction restraining a particular investigation committee from inquiring into allegations made against them by Limerick haulier Brian Cosgrave.

Mr Byrne, who has been suspended pending the outcome of the investigation, has claimed the allegations were motivated by "a conspiracy" involving Mr Cosgrave and property developer John Hegarty to derail the LDI.

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While it was impossible at this stage of the court proceedings to decide the truth or otherwise of such claims by Mr Byrne and Mr Leahy, there was "at least a coincidence in time" between them and crucial meetings of the board, "especially so" because the allegations related to events which had occurred some considerable time earlier, the judge said.

The injunction granted yesterday by the judge applies pending the outcome of a full court action.

However, that full action may not now proceed if both men agree to a proposal by the port company to participate in a new investigation chaired by retired Supreme Court judge Mr Justice Brian McCracken. That proposal was made in court yesterday by Ercus Stewart SC, for the company, after the judge delivered his decision.

Mary Carolan

Mary Carolan

Mary Carolan is the Legal Affairs Correspondent of the Irish Times