Interference with work of receiver had to stop in former car dealer case, court told
Posted on 8th July 2020 at 21:32
Allegations made that €25,000 in cash had been found in a cupboard and that a Range Rover had been driven across the Border
A High Court judge has warned a man facing a contempt of court application he will not trawl over the events of the last fifteen years when the case goes to hearing in three weeks’ time.
Mr Justice Michael McGrath said former car dealer John Alex Kane is entitled to bring witnesses to court but, because of the Covid-19 restrictions, the courtroom may not be able to accommodate all those involved at the same time.
Mr Kane has to answer allegations of breaching undertakings previously given by him not to interfere with the work of a Revenue appointed receiver, Myles Kirby.
The allegations relate to the former Kanes of Granard car showroom premises, which is now vacant. It is one of several pieces of property the receiver is selling in a bid to recoup a 2009 judgment for €4.97m obtained by Revenue against Mr Kane related to the non-payment of tax on car sales.
When the alleged contempt was before Mr Justice McGrath on Wednesday, he said he had to balance the rights of the parties but the case will proceed on July 29 next.
Gary McCarthy SC, for the receiver, previously told the court the application related to an incident on June 9th in which it is alleged Mr Kane was seen near his former showrooms and the lock on the door was later observed to have been allegedly forced. Mr Kane denies all allegations.
Counsel said Mr Kane was later arrested and charged in relation to the alleged incident.
Mr Kane, counsel said had previously given an undertaking to the court not to obstruct or interfere with the work of the receiver.
On Wednesday, Mr McCarthy asked that the contempt proceedings be heard before the end of July. He said the receiver was at a “sensitive” stage in relation to the sale of properties tied up in the receivership.
The “on the ground sinister set of activities” had to stop, counsel said. There had been “ongoing interference” with the work of the receiver.
There are also allegations that €25,000 in cash had been found in a cupboard and that a Range Rover worth €80,000 had been driven across the Border, counsel said.
Mr Kane, who denied the allegations, said he had done nothing wrong and the hearing could take two weeks. He said proceedings against him had been going on several years and interfered with his life.
“I don’t owe money,” he said. He had at one stage offered €2.5million to Revenue but “one man in Revenue” would not accept it, he said.
Mr Justice McGrath said Mr Kane was entitled to cross examine the garda witnesses who will give evidence in the contempt hearing.
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