The hearing of an action by the liquidator of charities’ fundraising platform business Pembroke Dynamic has been deferred by the High Court to allow the liquidator to obtain contact details for its managing director Peter Conlon.
The court heard on Tuesday that liquidator Myles Kirby, as of now, does not know where Mr Conlon is or how to contact him but that lawyers for the Office of the Director of Corporate Enforcement (ODCE) have contact details for Mr Conlon and will provide those to Mr Kirby’s lawyers.
Pembroke Dynamic is at the centre of an investigation into the alleged misappropriation of some €3.8 million in donations.
The High Court granted Mr Kirby injunctions last year restraining Mr Conlon from reducing his assets below €3.8 million.
Mr Kirby, in proceedings which had been listed for hearing next week, is seeking various reliefs against Mr Conlon, who was released from a Swiss prison in December, including a declaration that Mr Conlon be made liable for the company’s debts.
Reliefs sought
At the High Court on Tuesday, Rossa Fanning SC, for Mr Kirby, said his client was seeking “significant” reliefs against Mr Conlon.
Mr Fanning said media reports had stated that Mr Conlon was released from prison last month in Switzerland, where he had been convicted of embezzlement, and that the ODCE was investigating him.
It is believed Mr Conlon returned to Ireland but Mr Kirby does not know his current whereabouts or how to contact him, Mr Fanning said. It is not known if Mr Conlon is aware Mr Kirby’s application is due to be heard in the High Court or if he has been served with the relevant documentation, counsel said.
It had been indicated previously to the court that Mr Conlon had engaged a solicitor to contest the application but that solicitor, when contacted, said he knew nothing about the case and no solicitor has come on record for Mr Conlon, Mr Fanning said.
Despite extensive efforts, it was not possible to contact Mr Conlon and in light of that, Mr Kirby’s application should not proceed next week, counsel said.
Mr Justice Leonie Reynolds, who was informed that the ODCE was prepared to furnish contact details for Mr Conlon to Mr Kirby’s solicitors, agreed with Mr Fanning that the hearing date for the liquidator’s application should be vacated.
The case could be mentioned in a week’s time when the court can be updated about Mr Kirby’s attempts to contact Mr Conlon, the judge said.
Investigation
Mr Kirby, who was appointed to wind up the company over a €400,000 debt owed to Revenue, initiated the court proceedings after he commenced an investigation into Pembroke Dynamic.
As part of his inquiry, Mr Kirby discovered various charities had not received some €3.8 million donated to them via the platform.
Mr Kirby claims Mr Conlon (64), with an address at St Mary’s Road, Ballsbridge, Dublin, is “guilty of very serious misconduct” and that company funds were used for personal expenditure.
Some 700 national and international charities have been contacted as part of the liquidator’s investigation.
Pembroke, which previously traded as Ammado Internet Services, was an online donation platform through which people could give money to various charities, with the company taking a 5 per cent commission.