The chief executive of a Dublin company has asked the High Court to continue an order restraining the company from acting on a report prepared by KPMG in the context of purported disciplinary proceedings related to him.
On November 12th Mr Michael Fagan, chief executive of IE Domain Registry Ltd, secured an interim order preventing the company from purporting to act on or otherwise rely on a report prepared by KPMG, and given to him on November 6th, in the context of a purported disciplinary inquiry/investigation into him.
The court directed that the report be withheld until its release is authorised by order of the court. The company was also directed to continue paying Mr Fagan's salary.
Yesterday Mr Fagan applied to Mr Justice Kelly for an interlocutory order (an order continuing pending the outcome of the full trial) in similar terms.
He is claiming that the investigation by KPMG is bogus and contrived and in breach of fair procedures and natural and constitutional justice. The company denies those claims.
Mr Patrick Hanratty SC, for the company, said it had discovered Mr Fagan had a "dual identity", with two different names, two different dates of birth and two different PPS numbers.
He said Mr Fagan had said on affidavit that a James Joseph Fagan was the same person as Michael Fagan and a PPS number in the name of James Joseph Fagan was Michael Fagan's number.
Mr Hanratty said the KPMG report was a very preliminary part of an investigation, and it had yet to be decided if it would lead to a disciplinary inquiry. It appeared likely now that the KPMG report would lead to allegations being finalised which would then be put to Mr Fagan.
Mr Hanratty said his case was that there was nothing for the court to try, and it had never been the case that Mr Fagan would not receive a fair hearing. The company also denied allegations by Mr Fagan that there had been a haemorrhaging of funds from the company.
Mr Roderick Horan, for Mr Fagan, said no allegations had been made against him, but the report was a highly prejudicial document. Following exchanges with the judge, counsel said his position was that Mr Fagan was prepared to co-operate with a disciplinary inquiry provided that inquiry was not set within the confines of the KPMG report.
The company effectively develops and manages the registration of .ie domain names. It is claimed by Mr Fagan that the board is now dominated by individuals who are either associated or were formerly associated with Telecom Eireann, now Eircom, UCD and KPMG.
The hearing continues today.
