Taher meant no harm to Phelan, High Court told

A Jordanian businessman, Mr Zakaria El Taher, never did anything with the intention of damaging or harming his former partner in the Master Meat Packers group of companies, Mr Paschal Phelan, the High Court was told yesterday.

Mr Brian Dempsey SC, for Mr Taher, was outlining his client's case in continuing legal proceedings involving Mr Phelan, Mr Taher, Mr Larry Goodman and others. Mr Dempsey referred to a paragraph of his client's defence in the action which, counsel stated, was at the core of his case.

The passage said that if Mr Taher did any of the acts of which a complaint was made by Mr Phelan, he did so without the intention to damage or harm Mr Phelan but instead was deceived and/or compelled by Mr Goodman, his servants or agents in relation to the alleged acts.

Counsel said the real trouble with the case was to assemble a list of alleged acts and attribute them to Mr Phelan's specific loss. But, he added, most of the alleged acts were hard to see because "we were not around". The acts alleged related to dates prior to April 14th, 1987.

Mr Dempsey said it was open to his side to suggest that there was a way of framing issues which might at least prevent them from having to contest all the matters alleged.

Mr Phelan claims Mr Goodman conspired to force him out of the beef processing business by secretly controlling a 50 per cent stake in MMP and that he was secretly "sold out" by Mr Taher. Mr Goodman has denied any wrongdoing. He accepts, for the purpose of the legal proceedings, that he owned and controlled MMP since 1987.

In his defence, Mr Taher submits that if he did any of the acts complained of by Mr Phelan, he relied upon indemnities issued to him by Mr Goodman for their full terms and effect.

It is also pleaded that if a side agreement restricted the right of Mr Taher to transfer the ownership of the MMP group without first offering such shareholding to Mr Phelan, he acted on advice and representations that there were no legal impediments to prevent him selling his shares in Master Anstalt to Mr Goodman and/or Tarsos Anstalt.

Mr Taher also denies that he failed or was in breach of any of the duties or obligations owed by him either to Mr Phelan or the group, either as a director or otherwise. He further denies he disclosed confidential information relating to the MMP group, or its affairs to third parties.

The hearing, before Mr Justice Roderick Murphy, continues today.