Mary Carolan
A UK forensic scientist told the High Court she was "certain" that a signature on a joint investment agreement regarding a proposed €3.3 million hotel and fishing lodges development in Co Mayo was "simulated".
Dr Audrey Giles said nothing that was put to her in cross-examination by counsel for former Esat Digifone chief executive Mr Barry Maloney, Mr Maloney's brothers, Alan and James, and Mr Bruce Dunlevie altered her opinion to that effect.
Dr Giles was giving evidence yesterday on the second day of proceedings by Mr Enda Hunston, a financial adviser, against the Maloney brothers and Mr Dunlevie, a UK venture capitalist.
Mr Hunston claimed yesterday that a signature purporting to be his on a joint investment agreement (JIA) regarding the proposed development on the 100-acre Mount Falcon estate near Ballina was forged.
The JIA was among documents signed on March 28th, 2002, in the closing of the deal between the vendors of the Mount Falcon site on one hand, and Mr Hunston, the Maloney brothers and Mr Dunlevie on the other.
The defendants have denied the signature is forged. They have claimed Mr Hunston is seeking to renege on the JIA. They also deny the arrangement is a partnership.
Dr Giles said she had worked as head of the questioned documents section of the London Metropolitan Police Forensic Science Laboratory in London before setting up in private practice. She had analysed documents for some 28 years.
She had examined the original JIA and 12 other documents. The 13 documents contained the disputed signature of Mr Hunston and other undisputed signatures.
She said the disputed signature lacked fluency, and there were differences in pen-line breaks between the disputed signature and the undisputed ones.
She had also noted differences between the fine details of the characters in the disputed signature and the undisputed ones. She was certain the signature was a simulation.
The case continues.