A senior Irish Nationwide manager made a strong, arguable case that the managing director of the building society, Michael Fingleton, had allowed deviations from the society's written lending policy, a High Court judge has found.
Mr Justice Frank Clarke said yesterday he was satisfied that the society's home loans manager, Brian Fitzgibbon, made a strong case that an investigation by the society into his conduct was motivated to "deflect attention away from senior management" over loans to solicitors Michael Lynn and Thomas Byrne.
Mr Fitzgibbon, from Liscahill in Thurles, Co Tipperary, had been suspended by the building society on November 15th. He secured a High Court injunction last week restraining an action by the building society suspending him.
Mr Justice Clarke lifted the suspension yesterday after finding that there was "a lack of clarity" by the society in its disciplinary procedures. He also continued an injunction preventing a disciplinary meeting taking place against Mr Fitzgibbon.
The manager claimed the society tried to scapegoat him over loans of more than €10 million provided to Mr Lynn and Mr Byrne. Both solicitors are being investigated by the Garda and the Law Society. The judge said any future inquiry into Mr Fitzgibbon's conduct involving any person close to or answerable to Mr Fingleton would be tainted and in breach of the rules of natural justice.
Mr Fitzgibbon claimed he had been victimised over the loans to the solicitors, including €4.1 million to Mr Lynn for his proposed new family home, Glenlion House, in Howth, Dublin. Mr Fitzgibbon claimed Mr Fingleton approved the loan on the Howth property and another loan to Mr Byrne, and that he had bypassed normal procedures to do so.
The judge said yesterday there was a sustainable argument that there had been deviations from the society's lending policy.
Mr Fitzgibbon claimed Mr Fingleton turned against him in June 2006 over his refusal to reveal details about branch managers. The society disputed the claims, saying it had been conducting a fact-finding inquiry into his conduct.
