High Court lifts two freezing orders

The High Court has lifted account freezing orders on consent against two relatives of a Co Mayo woman alleged to have fraudulently…

The High Court has lifted account freezing orders on consent against two relatives of a Co Mayo woman alleged to have fraudulently misappropriated €130,000 from a retired priest. A freezing order against Mary McLoughlin remains in place.

Fr Vincent Kelly’s sister Ann Geary has brought proceedings against Ms McLoughlin alleging the 86-year-old priest suffered great financial loss and damage due to her “deception, fraud, deceit and theft”. Ms McLoughlin had “preyed upon” Fr Kelly, it is alleged.

Earlier this month, Mr Justice Roderick Murphy agreed to make a number of orders on an ex parte (one side only represented) basis, including an order prohibiting Ms McLoughlin, Corraugan, Kilmeena, Westport, Co Mayo, reducing her assets below €51,713.06.

Freezing orders were also obtained ex parte against Ms McLoughlin’s nephew, Thomas McLoughlin, restraining him dissipating his assets below €39,000 and against her niece, Tara McLoughlin, restraining reduction of her assets below €25,000.

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When the case was mentioned today, Peadar Ó Maolain BL, for Ms Geary, told Mr Justice Murphy "significant progress" has been made. He said the freezing orders against Thomas McLoughlin and Tara McLoughlin could be struck out on consent but the freezing order against Ms Mary McLoughlin was to remain in place.

No further details concerning the action were disclosed, and the matter is expected to return before the court sometime later this month.

In an affidavit, Mrs Geary, Pontoon, Foxford, Co Mayo, who has power of attorney over Fr Kelly's affairs, said Fr Kelly, a former parish priest in Palmerstown, Dublin, had retired to his native Co Mayo in 2001. He was active in his community and carried out relief work but, in recent times, his memory began to fade, Mrs Geary said.

Mrs Geary said Ms McLoughlin, who befriended the cleric in 2011, works as a senior social welfare officer based in Westport. She had become suspicious about the nature of Ms McLoughlin's relationship with her brother, she said.

The family sought freezing orders after a number of matters came to light that shocked and upset them, she outlined.

Those matters included concerns Ms McLoughlin had been given joint control over bank accounts Fr Kelly had at AIB.

Mrs Geary said she had asked Fr Kelly about this and he had no recollection of giving such powers to Ms McLoughlin.

Mrs Geary also said Fr Kelly told the family he had accounts only with An Post and AIB but they discovered an account with Ulster Bank in his name.

When the family spoke to Ulster Bank, they discovered, between April and June of this year, €123,000 of Fr Kelly’s money was lodged and removed or transferred by Ms McLoughlin, Mrs Geary said. It was alleged some of the money in that account was transferred to Ms McLoughlin's niece and nephew Thomas McLoughlin and Tara McLoughlin.