One More Thing: Examiner “astonishes” judge with his lack of “candour”

 

Justice Mary Finlay Geoghegan published a most interesting judgment last week about the examinership of Flannery’s pub on Camden Street in Dublin, overseen by accountant Neil Hughes.

If, as one sage recently said, she gave Hughes a “crisping” in the witness box over his handling of the process, she absolutely roasted him in her judgment. Hughes, an experienced examiner, neglected to tell the judge the successful bid of more than €7 million by Paul Clinton also included Colin Dolan, nephew of the late warbler Joe Dolan.

Dolan is also a director of the companies in examinership, and the judge was concerned he could have disclosed sensitive data to help Clinton price his bid.

Hughes had referred to Clinton’s proposal in court, but initially did not file it. “To the absolute astonishment of the court,” says m’lud, when she eventually saw it, it was entitled “The Clinton & Dolan Investment Proposal”.

She said it was “not easily recognisable” with some of Hughes’s evidence. He was “in breach of his duties to act with the fullest candour” and she couldn’t accept that “he did not appreciate the significance” of Dolan’s involvement.

Hughes was unavailable for comment. His ears must still be burning.

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