Two new inspectors have been appointed to the inquiry into the Ansbacher deposits. They are Circuit Court Judge Sean O'Leary and Mr Michael Cush SC. They replace Mr Justice Declan Costello, who has resigned on medical advice.
The President of the High Court, Mr Justice Morris, yesterday made the necessary order. Judge O'Leary will be a full-time inspector, and Mr Cush part-time. They will join inspectors Ms Noreen Mackey, a barrister, and accountant Mr Paul Rowan.
The Ansbacher inquiry began in September last year. It has been reported that as well as 120 deposit-holders named in a report by an authorised officer, Mr Gerard Ryan, a similar number of names have been identified, including senior business figures from the 1970s to 1994.
Yesterday's order was sought by Mr Eoghan Fitzsimons SC, for the Tanaiste and Minister for Enterprise and Employment, Ms Harney, and grounded on an affidavit from Mr Paul Appleby, a principal officer in the Minister's Department.
In his affidavit, Mr Appleby said the Minister was seeking the two appointments following the decision of Mr Justice Costello (75) to tender his resignation on medical grounds. That resignation had been accepted by the President of the High Court.
Mr Appleby said the Minister needed to replace Mr Justice Costello with two inspectors because of the inquiry's heavy workload and her desire that the inquiry be completed as soon as possible.
He noted that Ansbacher Cayman Ltd was incorporated in 1971 on the Cayman Islands and had its registered office there. An authorised officer had been appointed to the company in June 1998. The company had been notified of the Minister's intentions but had shown no desire to involve itself in the inspectors' investigation.
He said on July 30th the High Court had permitted the Minister to issue and serve a notice of motion on Mr Padraig Collery, whose extensive involvement for and on behalf of Ansbacher in the State had been detailed in an affidavit of July 1999.
The company's solicitors had told the Minister's solicitors it regarded the Irish courts as having no jurisdiction on Ansbacher Cayman.
Mr Appleby said the Chief State Solicitor's office had written to the secretary of the company to inform him of the intention to seek the appointment of the two new inspectors. No response was received.