The High Court has granted orders restraining the chief executive and a non-executive director of the Limerick port company from destroying or disclosing to any other person any confidential or other information in their possession relating to the firm.
CCTV footage has indicated that Brian Byrne, who has stepped aside as chief executive of Shannon Foynes Port Company, pending an investigation, and Morgan Leahy had removed a quantity of materials from the company's offices at Foynes, it was stated in an affidavit by acting chief executive Pat Keating.
Mr Byrne's personal assistant had said on October 20th that a number of files relating to matters on which Mr Byrne had predominantly worked were missing from her office at Foynes. She had described those files as "the big ones", Mr Keating said.
Shannon Foynes Port Company says it needs the material so as to ensure that a committee investigating allegations against Mr Byrne and Mr Leahy may conduct a proper investigation.
At the request of Ercus Stewart SC, for the port company, Ms Justice Mary Laffoy granted interim orders, returnable to today, against Mr Byrne, Ballina, Killaloe, Co Tipperary, and Mr Leahy, Ahane, Lisnagry, Co Limerick.
Mr Byrne and Mr Leahy have stepped aside from their positions pending the outcome of an investigation into allegations by Brian Cosgrave of Cosgrave Transport Limerick in relation to the sale of a Limerick docklands site owned by the company, and other matters. Mr Byrne and Mr Leahy have denied the claims.
In his affidavit, Mr Keating said the company was aware from CCTV footage that Mr Byrne had, early last September 20th, entered the premises at Foynes and removed boxes of materials.
The actions of the defendants were thwarting the company in relation to carrying out its daily business and in its efforts to provide material to the investigation committee, Mr Keating also said.
Mr Keating said requests to Mr Byrne and Mr Leahy to step aside were made following the appointment on August 30th of a committee to investigate serious allegations made earlier that month.
After Mr Byrne had stepped aside, members of the company's senior management had raised a number of matters which they wanted the committee to investigate. The concerns related to the purchase and sale of a warehouse and 16.6 acres, known as the Koala site, at Foynes; the dealings of the company relating to a new roundabout at Dock Road, Limerick city, and the ceding of a portion of land by the company to an entity known as McMahon's.
A further issue was the arrangements between Shannon Foynes Port Company and Fyffes and the delivery of Fyffes' product through the company's facilities.
The board had decided that all company files, property and computers retained by both men, should be returned by November 3rd. That had not happened.
