Michael Smurfit excused from attending High Court in K Club case

Millionaire businessman Dr Michael Smurfit has been excused from attending the High Court this week to give evidence in the case of a former K Club catering manager who alleges he was threatened at Punchestown Races.

Mr Justice Anthony Barr, after a medical certificate was handed into court today from Dr Smurfit’s doctor in Monaco, where the 82-year-old is recovering from a hip replacement operation, said he would excuse Dr Smurfit this week.

The doctor at the Princess Grace Hospital Centre in Monaco said Dr Smurfit had a hip replacement operation on July 9th last, is still hospitalised and will not be mobile again until the end of August.

Mr Justice Barr said he accepted the medical certificate, it was entirely reasonable and Dr Smurfit was a man of advanced years.

The judge said the case will run for another week before being adjourned to the new legal term in October.

Operation

He would excuse Dr Smurfit from attending court this week and the matter can be discussed again in October, he said. The court may also consider taking Dr Smurfit’s evidence by video link.

Last week Mr Justice Barr granted permission for a subpoena to be served at the offices of Dr Smurfit’s solicitors and at his Monaco address requiring the businessman attend the court and give evidence.

The court was later told Dr Smurfit had a hip replacement operation and a complication arose when his femur fractured and he required further surgery.

Tuesday is the seventh day of the action by Peter Curran who has sued Dr Smurfit along with the K Club resort and a resort superintendent, Gerry Byrne.

Mr Curran, Cahirciveen, Co Kerry, has claimed that, on May 7th, 2011, his way was blocked in the toilets at Punchestown Races by Mr Byrne who allegedly said: “Dr Smurfit has not forgotten the statements about him and the call girls. Dr Smurfit knows where to find you and this is not over.” The defendants have denied all claims.

Case

Mr Curran was catering manager at the K Club between September 1997 and October 1998 when he claims he was forced to leave.

He later brought an unfair dismissal case which was settled in March 1999.

Mr Curran later brought High Court proceedings claiming breach of his constitutional rights to his good name and to earn a livelihood. During the run-up to that case, in replies to written questions and particulars relating to alleged financial irregularities he had allegedly uncovered at the K Club, Mr Curran made reference that call girls, sometimes sourced abroad, were given free use of the hotel facilities at the K Club.

Those High Court proceedings were settled in 2008 and it is claimed it was an implied term of the agreement Mr Curran would not be threatened, harassed or intimidated in any manner.