The High Court will rule Friday on a bid by the Director of Corporate Enforcement to get documents from the inspectors who investigated the National Irish Bank tax evasion scandal of the 1990s.
The director, Paul Appleby, wants the documents to answer defences against proceedings brought by him to restrain eight former directors and other employees of NIB and NIB Financial Services Ltd (NIBFSL) from being involved in the management of any company.
The documents he is seeking include transcripts of interviews with the eight and communications concerning responsibility for various practices within the bank.
The eight respondents are: Jim Lacey, Pine Haven, Grove House Gardens, Blackrock, Co Dublin; Barry Seymour, Beaumond, Amersham, Bucks, England; Dermott Boner, Chesterfield Avenue, Castleknock, Dublin; Michael Keane, Corr Castle, Howth, Co Dublin; Frank Brennan, Ardglass, Dundrum, Dublin; Tom McMenamin, College Grove, Castleknock, Dublin; Patrick Byrne, St Helen's Road, Booterstown, Co Dublin; and Kevin Curran, Avondale Court, Blackrock, Co Dublin.
A similar disqualification application brought by Mr Appleby against a ninth former NIB executive, Nigel D'Arcy of Castledillon, Straffan, Co Kildare, was not opposed and an order was made last October disqualifying Mr D'Arcy from involvement in the management of any company for 10 years.
The application for the documents was heard by Mr Justice Peter Kelly over two days in December.
Mr Justice Kelly reserved judgment on the matter.
Counsel for the Mr Appleby rejected claims that the director was seeking to reopen the six-year NIB investigation and argued it was a "neat, convenient and efficient" way of addressing the respondents' defences.
Counsel for the inspectors, NIB and several of the eight respondents opposed the documents being produced under Section 12 of the Companies Act.
Their counsel argued that the inspectors' investigation ended following presentation of the inspectors' report in July 2004; that the director was seeking to revisit that report; and that production of the documents would involve considerable time and expense.
Mr Appleby's proceedings arose from the publication in July 2004 of the inspectors' report on the affairs of NIB and NIB Financial Services Ltd between 1988 and 1998.
The inspectors concluded both NIB and NIBFSL were involved in a number of improper practices that enabled their customers to evade tax, and that responsibility for the improper practices rested with the senior management of the bank over the course of the 10-year period covered by the investigation.
Yesterday, Mr Justice Kelly dealt with a number of procedural matters relating to the cases against the eight respondents and also stated he would give judgment on Friday on the director's documents application.
