A Dublin businessman, being pursued for information about large sums of money he was given to invest, has been ordered to appear before the High Court after an anonymous phone caller earlier this week claimed he had died.
Alleged bankrupt, Mr Thomas O'Keeffe, with an address at the Sweepstakes, Ballsbridge, Dublin, could be jailed for contempt of a court order directing him to appear before the court last Monday to answer questions about monies alleged to have been given to him to invest on behalf of clients, including professional golfer, Mr Des Smyth.
Mr Justice Kearns also appointed a Dublin solicitor, Mr Jim McGillion, as receiver over Mr O'Keeffe's assets.
At a hearing last week, Mr O'Keeffe was told to be in court on Monday. If he was not fit to appear, the court said a doctor would have to attend and give evidence or else produce a sworn medical statement. However, on Monday, Mr Justice Kearns was told Mr O'Keeffe's solicitor had received a message from an unidentified person that Mr O'Keeffe had died. The solicitor had tried to get confirmation and had contacted a daughter of Mr O'Keeffe, who became very distressed.
The judge was later told there had been a second phone call to the solicitor, Mr William Bradshaw, in which someone claimed to have spoken to Mr O'Keeffe, who claimed to be unwell and would not attend Monday's hearing. The matter was adjourned to yesterday to allow the Garda investigate whether Mr O'Keeffe was either dead or seriously ill.
When the matter resumed yesterday, Mr Justice Kearns read a faxed message sent to Mr Bradshaw. It stated: "I understand there was some confusion about my health and the message sent to your office. I was in deep sleep mode for most of Sunday and requested you be informed. It looks like 'deep' became 'last' when my poor daughter was told. I am in St Vincent's in Elm Park tomorrow and will advise you..."
Garda Sgt Liam Landers said gardaí had gone to an address in Ballsbridge and there had been no reply. They rang a company where a daughter worked and was told she was off because her father was in intensive care in hospital.
Sgt Landers said they contacted all the hospitals in the Dublin area without success. Later he received a phone call from a Mr T O'Keeffe, who indicated he was in intensive care in St Vincent's. On checking, the hospital had no record of Mr O'Keeffe. When he later informed Mr O'Keeffe of this, he said he was going to hospital. Over the past week, he had not been a patient of the hospital.
Sgt Landers added it would be possible to check where the telephone call claiming Mr O'Keeffe had died had been made.
Mr Brian Dempsey SC, for Mr O'Keeffe, said he and Mr Bradshaw had been undermined by their client and were deeply embarrassed at what had occurred. He applied for Mr Bradshaw to come off record (to no longer represent Mr O'Keeffe).
Mr Justice Kearns said the position of the lawyers had been made impossible by the material supplied to them. Mr Charles Meenan SC, for six investors, including Mr Smyth, who are trying to recover €700,000 and Mr John Trainor SC, for US investor, Mr John O'Neill, who is seeking recovery of $5 million (€5.55 million) argued that, while they had a solicitor on record, papers could be served on Mr O'Keeffe.
Because this was not a normal situation, the judge said he was not allowing Mr Bradshaw to come off record. He noted Mr Bradshaw was no longer willing to take instructions from Mr O'Keeffe. Mr Dempsey withdrew from the case.