THE FORMER head of lending at Anglo Irish Bank, Tom Browne, is seeking to subpoena former chief executives Seán FitzPatrick and David Drumm for his defence of the bank’s claim for €50 million judgment orders against him.
Mr Browne may also subpoena bankrupt businessman Seán Quinn and Irish Times journalist Simon Carswell, author of Anglo Republic, for the trial of the action against him at the Commercial Court in October, Mr Justice Peter Kelly was told yesterday.
The judge was dealing with pre-trial management issues arising from the action by Irish Bank Resolution Corporation (IBRC, formerly Anglo) against Mr Browne, which is set for hearing on October 16th.
Paul Gardiner SC, for IBRC, said his side had received Mr Browne’s witness statement and statements from two other people concerning banking practices. They had also received a list of 14 people the defence may subpoena and the bank needed to know what Mr Browne believed those people would say.
Most were former employees or directors of the bank, including Mr FitzPatrick, Mr Drumm, Pat Whelan and Lar Bradshaw but some were not, including Mr Quinn; Liam McCaffrey, former Quinn Group finance director and Mr Carswell, Mr Gardiner said.
Michael O’Higgins SC, for Mr Browne, said his client had encountered difficulties preparing his defence. Some people had said, because they have loans with Anglo, they were fearful of being seen to assist Mr Browne.
Mr Justice Kelly said he could not see how Mr Carswell could be a witness as his book made clear the information he was given was based on what someone told him, which made it hearsay. He was also sure Mr Carswell would refuse to divulge his source.
What would happen then; would the court be asked to jail him, the judge asked. Mr Justice Kelly said he envisaged problems for Mr Browne in that another person on the subpoena list, Mr Drumm, was out of the jurisdiction.
In the circumstances, the judge said he wanted Mr Browne’s side to outline the nature of the evidence those people they sought to subpoena were expected to provide. He anticipated a hard-fought battle on what could be admitted as evidence, he added.
