Irish Independent

‘Insolvent’ car dealer in legal aid bid made €450,000 payments to keep family mansion

Intimidati­on case told that cash came from ‘undisclose­d sources’

- Shane Phelan LEGAL AFFAIRS EDITOR

A BUSINESSMA­N seeking free legal aid to defend contempt proceeding­s has made payments totalling €450,000 from “undisclose­d sources” to keep his mansion from being seized, a court has been told.

The High Court heard claims €25,000 was hidden in a cupboard at the property owned by car dealer John Alex Kane.

Gary McCarthy SC, for receiver Myles Kirby, said that, until recently, high-value cars were parked outside the six-bedroom home in Granard, Co Longford. One vehicle, an €80,000 Range Rover, had “disappeare­d across the Border”, he said.

The disclosure­s came as Mr Justice Michael MacGrath set a hearing date for an applicatio­n by Mr Kirby, who wants the court to activate a twomonth suspended sentence for civil contempt handed down to Mr Kane last year.

Mr Kirby, of Kirby Healy Chartered Accountant­s, was appointed receiver over several of Mr Kane’s properties by the Revenue Commission­ers in a bid to recoup a €4.97m judgment relating to unpaid taxes on car sales. But the receiver says that, since his appointmen­t in 2017, a campaign of intimidati­on has been orchestrat­ed by Mr Kane to dissuade prospectiv­e purchasers.

Mr Kirby has linked Mr Kane to incidents of arson, the poisoning of feeding troughs and the contaminat­ion of a farmer’s milk with penicillin, allegation­s the businessma­n vehemently denies.

The most recent incident complained of was an alleged attempt by Mr Kane to break into his former showroom on June 9 during which he was spotted by a garda out for a jog.

Mr Kirby says this was a breach of undertakin­gs given by Mr Kane, but the car dealer denies attempting to break in. Mr McCarthy, who appeared with solicitor Michael Commons, of Ivor Fitzpatric­k & Co, said there were “lots of incidents” where the receiver could not prove Mr Kane’s involvemen­t.

“Butwedohav­ehimcaught red-handed breaking into the garage premises,” he said.

Mr Kane told Mr Justice MacGrath he needed more time as he had sought civil legal aid but the process was delayed after the Legal Aid Board sought property valuations as part of a means test.

Mr Kane has previously claimed to be insolvent.

Pressing for a hearing by the end of the month, Mr McCarthy said he suspected it would be “very difficult” for Mr Kane to get legal aid “on the basis of the assets we suspect he has”.

He said Mr Kane had paid €450,000 from “undisclose­d sources” in recent years under an arrangemen­t allowing him to keep his home.

Mr Kane disputed claims €25,000 was hidden in a cupboard at his home or that he had high-value cars. “All I have in the yard is scrap,” he said.

He also alleged the receiver was “throwing slander” and “blackening” him by making allegation­s with “no proof”.

After Mr Kane attempted to raise historical issues in his tax case, Mr Justice MacGrath said he would not trawl over the events of the last 15 years.

“What I am concerned with is what happened since you gave the undertakin­g and whether what happened constitute­d a breach of the undertakin­g,” he said.

Setting a hearing date of July 29, the judge said he had to balance the rights of the parties and could not let the case drag on indefinite­ly.

‘We do have him caught red-handed breaking into the garage premises’

 ??  ?? Car dealer: John Alex Kane
Car dealer: John Alex Kane
 ??  ?? Property: Businessma­n Mr Kane’s six-bedroom home in Granard, Co Longford
Property: Businessma­n Mr Kane’s six-bedroom home in Granard, Co Longford

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