A Co Mayo man who claimed he was excluded from a winning Lotto syndicate is entitled to a one-fifth share of the €2 million prize, the High Court ruled yesterday.
Mr Justice Clarke also awarded costs to Mr Martin Horan, estimated at €100,000, against the other four syndicate members.
The four had argued that Mr Horan was removed from the syndicate in October 2000, months before the jackpot win of January 6th, 2001, because his contributions were in arrears. They claimed he had told the syndicate organiser, Mr Seamus O'Brien, to "f*** off" when Mr O'Brien asked him to pay.
Mr Horan (38), of Carragown, Bohola, Castlebar, claimed he had always paid his arrears in lump sums and had never been removed from the syndicate.
Mr Justice Clarke said that on the balance of probabilities he took the view that the facts of the case were as broadly set out by Mr Horan.
The syndicate had allowed Mr O'Brien the authority to carry out all practical matters, and Mr O'Brien had operated a system which permitted Mr Horan to fall into arrears.
Mr Horan took the action against four men from Castlebar and An Post National Lottery Co Ltd. The four are Mr Frank O'Reilly, a publican, of O'Reilly pub, Ballyvary, Castlebar; Mr Michael McHale, a farmer, of Curranee, Ballyvary; Mr John Joyce, a taxi-driver of Keelogue, Ballyvary; and Mr Seamus O'Brien, also a taxi-driver, of Ballyvary.
Mr O'Brien had told the court he approached Mr Horan in late October 2000 in Stenson's Bar in Ballyvary seeking some money from him for the Lotto. About £72 was due.
Mr Horan had replied: "F*** off . . . yourself and your Lotto." Mr O'Brien said he walked away but later reduced the number of people in the syndicate to those paying him regularly.
On the night of January 8th, 2001, he received a phone call in O'Reilly's bar and was amazed to find it was from Mr Horan who, Mr O'Brien said, had not given him any contributions for nine months. He said he told Mr Horan: "Remember the night you told me 'F*** off'?" and put the phone down.
Mr Horan denied he had said this to Mr O'Brien in late October 2000. He had, in fact, pushed £30 across the bar counter to Mr O'Brien as his contribution.
The judge said that, if Mr Horan's involvement in the syndicate had been ended, it would seem likely that something would have had to be done with its earlier winnings, but no such arrangement was made. It was reasonable to conclude that Mr Horan remained a member of the syndicate.
After the judgment Mr Colm Smyth SC, for the four men, was granted a 21-day stay on the court order in the event of an appeal.