Judge withdraws from Foynes case

An application to restrain an investigation into claims made against the chief executive of Shannon Foynes Port Company and a non-executive director of the port company has been adjourned at the High Court.

Brian Byrne, chief executive of the company, who has been suspended from his post since October 19th last, and Mr Morgan Leahy, who is a non-executive director of the company, want injunctions restraining the investigation proceeding any further pending the outcome of court proceedings between them and the port company. Mr Leahy, the court has earlier heard, had refused a request by the port company to "stand aside".

It is claimed malicious, vexatious and totally untrue allegations have been made by a Limerick port service provider, Brian Cosgrave. At an earlier hearing, it was alleged the claims were part of an attempt by property developer John Hegarty and a "disgruntled" Mr Cosgrave, to "derail" the Limerick Docklands Initiative.

The injunction application was sent for hearing to Mr Justice Michael Hanna yesterday but after he found he had a family connection with a solicitor for one of the sides the case could not proceed before him.

Because no other judge was available to hear it, the injunction application was returned for mention before Mr Justice Frank Clarke tomorrow.

In those circumstances, Gerard Hogan SC, with Ercus Stewart SC, for the port company, said his side was prepared to continue to Thursday next an undertaking not to proceed with the investigation. Counsel said an audit by Deloitte was a separate matter and no report in that regard had yet been received. He said the port company was very anxious the case be heard.

Paul Gardiner SC, for Mr Byrne and Mr Leahy, said their matter was also urgent for his side, which was hoping the full hearing could take place at an early date.

Earlier, Mr Gardiner had told Mr Justice Hanna that Mr Byrne remained suspended while Mr Leahy was being "unlawfully excluded" from meetings of the board of the port company. Mr Leahy could only be removed from his post by the Minister, counsel said.

Mr Gardiner said Mr Cosgrave had made unspecified complaints to unspecified members of the board of the port company against Mr Byrne "and possibly against Mr Leahy".

Mr Justice Clarke said it was unclear whether a judge would be available later this week to hear the injunction application but the sides could make inquiries of the chief registrar. He listed the injunction application for mention before him tomorrow and also made directions for the exchange of legal papers for the full hearing, which he was told would take four days. He adjourned that matter to January 22nd.