THE former treasurer of the Transport Employees' Tontine and Benefit Society yesterday asked the High Court to discharge two court orders so that he can sell his home.
The society went into liquidation in 1985 with an alleged £1 million shortfall.
The President of the High Court, Mr Justice Costello, adjourned the application by Mr Desmond Hogan. of The Gables, Kill, Co Kildare, for a week to allow the liquidator, Mr John Derivan, a chartered accountant to put in an affidavit opposing
Mr Hogan's request.
Mr Eugene Gleeson, counsel for Mr Hogan, said he was applying to set aside two orders made in 1985 by Mr Justice Costello. On May 13th, 1985, the court had heard evidence from Mr Hogan in which he undertook not to leave the State, to hand up his passport and not to dispose of his home.
He was also to attend each week at Kill Garda station.
Mr Gleeson said an investigation was begun and gardai became involved. On May 20th, 1985 a further order was made by consent that Mr Hogan be restrained until after the trial of the action from selling or disposing of his property at Kill or reducing his assets below £100,000.
Three reports were prepared by inspectors appointed by the Registrar of Friendly Societies, the last in 1990. In the meantime, said Mr Gleeson, a criminal investigation was launched by the Garda Fraud Squad and Mr Hogan was returned for trial in 1993. He was charged with 49 offences.
Mr Hogan was granted an order of prohibition in January 1994 restraining the DPP from prosecuting him further. The High Court had held there was a "real or serious" risk that due to the delay Mr Hogan would be deprived of his constitutional rights to a fair trial. The Supreme Court rejected an appeal by the DPP against the High Court order in June 1994.
Mr Gleeson said Mr Hogan was anxious to regularise his affairs.
He was anxious to dispose of his property at Kill but the registrar, Mr Noel Martin Sisk, was opposing that move.