THE original signed final report of the inspector into the affairs of CountyGlen was formally handed to the High Court yesterday in connection with the case being taken by the company against members of the Carway family.

Miss Justice Laffoy said the report had been located and had been in the custody of a court official.

The Chief Registrar of the High Court, Mr John Delahunty, said that as a result of inquiries, he had obtained the final report signed by Mr Frank Clarke SC, the inspector. It had been accepted by the court on October 17th, 1994. The judge had ordered its circulation with the exception of one appendix.

Miss Justice Laffoy said when the registrar came in and handed in the actual document as received by the court in October 1994, it was proven.

The court is hearing a preliminary issue on whether the report of the inspector can be admitted as evidence in the main case in which allegations of fraud are being made.

Dr Michael Forde SC, for the Carways, said that the report should not be admissible. When a court had to make a judgment, it could not rely on the report for the simple reason that the inspector had made a judgment. If the court relied on the contents in making its judgment, it was abdicating its responsibility as the real judge then would be the inspector.

The inspector judged the matter in private and not in public. It was giving CountyGlen an extraordinary judicial advantage and was unprecedented. Dr Forde said he did not know of any other case in this State or in Britain where the plaintiff could produce just one report and no witnesses.

If the report was admissible, it was requiring people to defend themselves against people they had never seen and never had the opportunity to cross examine. There were many witnesses CountyGlen could subpoena in this jurisdiction.

There was nothing in the pleadings to indicate that CountyGlen would run the case exclusively on the report.

CountyGlen contends that the report is admissible under Section 22 of the Companies Act 1990. It claims the report was capable of being used by all parties, not just CountyGlen, and in that respect there was parity of rights between all the parties.

The hearing continues today.