A farmer who is resisting a bank's attempt to take possession of his home said in the High Court yesterday he never saw any of a £300,000 loan secured by a charge on his farm.
Mr Thomas Butler, of Station Road, Portarlington, Co Laois, claimed that the money he signed for went to his late father's business, Butler's Engineering Ltd, now in receivership.
In an affidavit Mr Butler claimed that his father, Pat, was a domineering and overbearing man who would request his son to sign documents without advising on their nature and effect. Like other members of the family he lived in fear of his father.
Anglo Irish Bank Corporation plc is seeking an order for the possession of Mr Butler's lands and premises. Mr Butler yesterday got permission from Mr Justice McCracken to have the bank supply him with certain information about the transaction.
Mr John Gleeson, for the bank, said his clients maintained they lent the money to Mr Thomas Butler. Mr Butler claimed that his father exerted such control over him that his will was overcome.
Counsel for Mr Butler said his client had not asked for, nor did he get, the benefit of the money. Mr Butler had signed documents without knowing what they meant. The bank knew the way Pat Butler ran the business.
In an affidavit Mr John O'Donnell, manager of the Limerick branch of AIBC, said the bank advanced £303,000 by way of a loan account in 1995 to Mr Thomas Butler, who had failed to make payments in accordance with the terms of the loan. The bank denied the claims made by Mr Butler about that loan.
Mr Butler said in his affidavit that at no stage had he met or had discussions with bank personnel, nor did he request a loan or knowingly sign a deed of charge granting the bank an entitlement to his farm. He believed the money was advanced by the bank to his father to buy steel. He knew nothing about the negotiations.
Over the years his father had regularly required him to sign documents without advising as to their nature or effect. Given the strong personality, documents would be signed without any discussions or explanations. His father's character and overbearing will were known to the bank.
He never got any bank statements or details about the loan. He remembered being asked to sign two cheques but was not sure they were cheques alleged to have been paid by the bank.