A SACKED bank manager is suing Bank of Ireland for damages claiming he was wrongfully dismissed as a result of a “wilful and malicious” conspiracy by senior bank officials and others, some of whom, he alleges, gave perjured evidence to the High Court.
John Higgins also claims he was defamed by the findings of an internal disciplinary inquiry which, he alleges, meant he had engaged in corrupt practices including money laundering and facilitating tax evasion and was “a rogue and a scoundrel” who believed rules were “for fools”.
The allegations against Mr Higgins were “utterly contrived”, Frank Callanan SC, for the former manager, argued yesterday.
Tom Mallon, for the bank, said Mr Higgins was dismissed because of “gross misconduct”. The bank denied absolutely claims of conspiracy by a “select group of executives” to remove him or that any of its officials or agents gave false testimony to the High Court during injunction proceedings by Mr Higgins.
Mr Higgins, former manager of BoI’s branch at Clanbrassil Street, Dundalk, is now in the ninth year of his legal battle with the bank arising from his suspension in 2001, pending an investigation, and his eventual dismissal in 2004 following a 22-day disciplinary inquiry.
Mr Higgins, Ravensdale, Dundalk, who joined Bank of Ireland in 1971, lost an application in 2002 for a High Court order restraining his suspension pending the outcome of court proceedings.
In 2004, he initiated a second set of proceedings claiming damages for libel, slander and malicious falsehood alleging certain officials perjured themselves in affidavits previously put before the High Court.
The case was before Mr Justice Roderick Murphy yesterday to deal with discovery of documents.
Mr Higgins alleges the bank, while asserting his dismissal arose from the findings of an audit investigation, had in fact dismissed him on the basis of “false and malicious” allegations by an assistant manager at the Dundalk branch, Hugh Muckian.
Mr Higgins claims Mr Muckian made allegations against him for the “sole purpose” of having him removed as manager.
Mr Muckian was “a failure in his role in private banking” who, on the merger of the bank’s two branches in Dundalk in 2000, failed to be reinstated to his position and wrongly identified Mr Higgins as the person who made the appointments to the merged Dundalk branch, it is claimed. Mr Higgins claims regional manager Pat Byrne unlawfully conspired with Mr Muckian to remove Mr Higgins as manager and that Mr Byrne requested a branch audit to conceal the role of Mr Muckian as the source of the complaints.
Mr Higgins claims a “special investigation report” of audit manager John Kennedy was flawed but was used as the basis for the disciplinary inquiry and that inquiry chairman John Dunne acted with gross bias against Mr Higgins.
The bank says matters came to light in 2001 which required Mr Higgins to be placed on “special paid leave” pending investigation.
