FORMER directors of Century Communications including singer Chris de Burgh and music promoter Oliver Barry acted honestly and responsibly in the running of the radio station, the High Court ruled yesterday.
Another former director, broadcaster Terry Wogan, of Taplon, Bucks, England, is to present an affidavit to the court and an application will be heard in December.
The directors were Mr Laurence Crowley, an accountant from Upper Glenageary Road, Co Dublin; Mr Barry, Hollywood Rath, Mulhuddart, Co Dublin; Mr James Stafford, a businessman from Cromwells Fort, Co Wexford; Mr de Burgh, Rockfort Avenue, Dalkey, Co Dublin; and Mr Enda Marren, a solicitor, from Northumberland Road, Dublin. Three other directors, Mr Patrick Taylor, Mr Richard Park and Mr Roger Harrison, were from Capital Radio plc, Euston Tower, London, which had invested in Century.
The official liquidator of Century Communications Ltd, Mr Neil Payne, was required under the Companies Act 1990 to apply for an order declaring that the former directors shall not, for a period of five years, be appointed or act in any way as a director or secretary in the promotion or formation of any company.
However, a section of the Act states that if former directors could show they had acted honestly and responsibly in the running of the company up to its liquidation, then the declaration would not apply.
Century Communications Ltd, went into liquidation on December 2nd, 1991, with a deficit to creditors of more than £6 million. Yesterday, Mr Lyndon MacCann, for the liquidator, presented the application and said the directors, with the exception of Mr Wogan, had sworn affidavits giving details of their involvement in the company.
He said the liquidator, after examining the books and reading the affidavits, agreed there was no evidence of any dishonesty or irresponsibility on the part of the directors.
Miss Justice Carroll said the evidence had satisfied her that there was no reason to make the declaration. She said the only person who had not made an affidavit was Mr Wogan and the onus was on him to do so.
Mr Colm Allen SC, for Mr Wogan, said his client would be in the country during the afternoon. A document had been prepared and delivered to Mr Wogan the previous day. He indicated that he would swear the affidavit. Mr Allen said he was apologising to the court on behalf of Mr Wogan.
Miss Justice Carroll said it would have to be relisted and she would put the application in for the first motion day in December.
On the question of costs, the judge said it was the liquidator's duty to bring the application and the onus was on the directors to satisfy the court.
She would make the order that the eight directors, as Mr Wogan was not there, should pay £250 each plus VAT to the liquidator.