THE hotelier who leases Sachs Hotel, Dublin, from Mr Hugh Tunney, is seeking to have two British policemen give evidence relating to allegations of anonymous telephone calls made to them about him and his brother.
Mr Philip Smyth, director of Genport Ltd, sought permission from the High Court in Dublin for leave to make an application to the English High Court. If the English court grants permission the two policemen would give evidence in that jurisdiction.
Mr Smyth claims the telephone calls were made alleging he was laundering drug money for the IRA through the hotel and that his brother, now a Garda chief superintendent, assisted him.
In the claim made through his company he alleges the calls were made on lines listed in the names of Tunney Meats and/or Mr Tunney.
Mr Justice McCracken is hearing a case in which Genport Ltd Upper George's Street Dun Laoghaire, Co Dublin, is counterclaim in against Crofter Properties Ltd, Philipsburgh Avenue, Dublin, of which Mr Tunney is a director.
It is claimed the calls were made to the South East Regional Crime Squad of the British police and the Dorchester Hotel, London, between January 1993 and November 1994. It is also claimed the calls were made by, or on behalf of, Crofter from lines in Classiebawn Castle, Co Sligo, in the names of Tunney Meats and/or Mr Tunney.
Crofter denies the counterclaims. Crofter claims Genport failed to pay the rent on Sachs from August 1993 to November 1st 1995. Genport claims there were reasons justifying this.
Yesterday, Mr Michael Collins SC, for Genport, said there would be an injustice to Mr Smyth if he was not allowed to apply and have the evidence from the two British officers.
Mr Michael Carson SC, for Crofter, said the delay this would cause would be prejudicial to Crofter, which was seeking rent.
Mr Collins said he was authorised to say Genport would pay rent from May 1st until the end of the proceedings and that it would a £4,500 per month interest without prejudice.
Mr Justice McCracken will give judgment on the application on Tuesday.