Former car dealer denies contempt claim
John Alex Kane was seen near showrooms and lock on door was later observed to have been allegedly forced, court told
Photograph Nick Bradshaw
A High Court judge has warned a man facing a contempt of court application the matter will not be let go on indefinitely and a decision on the alleged contempt will be made next week. Former car dealer John Alex Kane was in court on Tuesday to answer allegations of breaching undertakings previously given by him not to interfere with the work of a Revenue appointed receiver Myles Kirby.
Mr Justice Michael McGrath last week directed Mr Kane to come before the court to answer the alleged contempt. The allegations relate to the vacant car showrooms of the former Kanes of Granard, Longford.
It is among several properties which Mr Kirby, of Kirby Healy Chartered Accountants, wants to sell in a bid to recoup a 2009 judgment for €4.97 million obtained by Revenue against Mr Kane related to non-payment of tax on car sales.
On Tuesday, Gary McCarthy SC, for Mr Kirby, said the contempt application related to an incident on June 9th last in which it is alleged Mr Kane was seen near his former showrooms in Granard and the lock on the door was later observed to have been allegedly forced. Mr Kane denies all allegations.
Counsel said Mr Kane was later arrested and charged in relation to the alleged incident.
Mr Kane had previously given an undertaking to the court not to obstruct or interfere with the work of the receiver, counsel said.
Mr Kirby contended there was a campaign to obstruct the receiver and there had been a breach of the undertaking.
Mr Kane, representing himself, denied the allegations and told the court he was never on the showroom premises. He said he was going to fight the case and asked for a short adjournment to answer the allegations in an affidavit. Mr Justice McGrath said he would give one further adjournment for a week. If Mr Kane was disputing the allegations, there may have to be a hearing, the judge said.
He told Mr Kane to put his evidence on affidavit. “I won’t be adjourning this case any further. This matter is going to be proceeding,” the judge also told Mr Kane. He will make a determination on the matter next week, he added.