Mr Elio Malocco, the solicitor jailed for defrauding the Irish Press group of newspapers, will apply later this month for leave to challenge a report recommending that he be struck off the Roll of Solicitors, the High Court has been told.
Mr Ben O Floinn, for Mr Malocco, yesterday informed the President of the High Court, Mr Justice Morris, of the intended judicial review action. Counsel said he would be seeking leave to take the proceedings before May 29th.
It is understood Mr Malocco will seek to challenge the recommendation in a report by the disciplinary tribunal of the Law Society that he be struck off on the grounds that fair procedures were not observed in the compilation of the report.
The document was due to be put before Mr Justice Morris on May 29th, when it is understood the Law Society would apply to have Mr Malocco struck off.
However, because of the intended judicial review proceedings, Mr Justice Morris yesterday said he would list the matter for mention only on May 29th.
O Floinn if Mr Malocco intended to practise as a solicitor in the meantime. Mr O Floinn Counsel said his client would not be practising between now and any legal hearing and. He Mr O Floinn said Mr Malocco was anxious that matters not slip and he hoped to file the judicial review papers by the end of this week.
Mr Thomas Fallon, for the Law Society, said the High Court had a discretion to refer the matter back if there was a defect in how the disciplinary tribunal had dealt with the matter and the judicial review route was more cumbersome.
Mr Justice Morris noted that the court had been informed Mr Malocco did not intend to practise in the meantime.
Mr Malocco was convicted at Dublin Circuit Court in 1995 on fraud charges involving money given by the Irish Press group of newspapers to deal with libel actions. He has since been released from prison.