Date set for Lillis court case

A legal action aimed at preventing convicted killer Eamonn Lillis securing an interest in some properties jointly owned with …

A legal action aimed at preventing convicted killer Eamonn Lillis securing an interest in some properties jointly owned with his late wife Celine Cawley has been fixed for next November at the High Court.

Special arrangements would have to be made to bring Lillis to court, the court was told this afternoon.

Ms Cawley's sister, Susanna, and brother Christopher, who are joint administrators of her estate - and now Lillis' daughter Georgia - are seeking orders to prevent Lillis (53) securing any interest in certain properties that were jointly owned by the couple.

The plaintiffs say the properties, which are believed to include the family home in Howth, an apartment in Sutton, and a holiday home in France, should transfer to Georgia.

Last month, the court ordered that Georgia Lillis, who turned 18 last November, could be joined as a plaintiff to the action by the Cawleys against Lillis who is serving a prison sentence for the manslaughter of his wife in December 2008.

The judge ruled it was "appropriate " that Georgia be joined in the action as she would be the person most affected by the outcome.

The court was also told Georgia, the couple' s only child, "unequivocally wanted" to be joined to the action, in order to reply to certain claims made in affidavits by her father about the joint assets.

Ms Lillis has filed a sworn statement strongly contesting claims her father made in previous affidavits that there was an agreement between them that he would live in the family home when he is released from prison. She says there is no such agreement.

Lawyers representing Eamonn Lillis had opposed the application to join Georgia as a plaintiff.

The matter was adjourned until yesterday to allow Georgia file an affidavit and to allow her father to reply to it.

Today, counsel for the Cawley family said Georgia's affidavit had been served on Lillis and in a letter from his solicitors, they said he was not proposing to respond to the affidavit. Counsel said they now wanted to apply for a date for a hearing of the matter.

The case would take two days to hear and arrangements would have to be made to transport Lillis from prison to court, counsel added.

Ms Justice Mary Laffoy set November 16th next for the hearing.

Lillis (53 ) is serving a sentence of six years and 11 months at Wheatfield Prison for the manslaughter of his wife who he killed with a brick at their home in Howth, Co Dublin, in December 2008. In her will, Ms Cawley left a legacy of more than €1 million to be inherited by their daughter.

Lillis is entitled to €353,508 following the liquidation of the TV production firm, Toytown Films Ltd, which was founded by Ms Cawley.

Toytown was placed in voluntary liquidation three months after her death and had a balance of €707 ,016 when creditors were paid off. As a joint shareholder, Lillis was entitled to half that sum with the remainder going to her estate.

Lillis is legally prevented from inheriting any of his wife's assets because he was convicted of killing her but he says he is entitled to half of the properties jointly owned by the couple.

Mary Carolan

Mary Carolan

Mary Carolan is the Legal Affairs Correspondent of the Irish Times