A former Dublin Lord Mayor, Mr Michael Keating, denied he is or was a director of a company being investigated by the Criminal Assets Bureau regarding alleged drugs money-laundering, the High Court was told yesterday. The affidavit of the ex-Fine Gael TD and former junior government minister was read during a Dublin company director's unsuccessful application for injunctions restraining CAB from alleged intimidatory activities.
Mr Peter Bolger and his company, Louisville, which trades as Eringold Irish beef exporters, made the application.
He had alleged threats, assault, slander, harassment, intimidation and vilification of him by CAB.
Mr Donal O'Donnell SC, for CAB, reading Mr Keating's affidavit, said Mr Keating had sworn that Mr Bolger had negotiated two bank drafts made out for £48,000 in favour of Mr George Mitchell, who was described as being known for complicity in unlawful killings and drugs importation.
In rejecting the injunctions sought, Mr Justice Smyth said some of the evidence in Mr Bolger's grounding affidavit was not credible and some facts in it must have been known to have been untrue.
Mr Bolger's affidavit was read by his solicitor, Mr Gabriel Haughton, and stated he was a director of Louisville with Mr Michael O'Leary, of the Dublin accountancy firm of Simpson Xavier, and Mr Michael Keating, Dawson Street, Dublin.
Mr Bolger said the company traded as Eringold and exported Irish beef to Africa.
Mr Bolger said CAB members had begun a campaign of vilification against him and the other two directors of Louisville as well as a Russian company. CAB had advised Mr Keating to have no further business with Eringold and to resign as a director.
Mr Bolger said CAB had frightened and intimidated Mr Keating and Mr O'Leary and they had been told that he, Mr Bolger, was associated with drug importation.
As a result, Mr O'Leary had refused to sign company cheques and company activities were suspended.
He claimed CAB members had followed him from his solicitor's office to his home and took documents from him which he had prepared in consultation with his solicitors in order to defend himself.
Mr Bolger said CAB members had spread rumours that he was a substantial importer of drugs and was associated with Mr Mitchell who was known for complicity in unlawful killings.
He had never associated with such a person and never dealt in or imported drugs.
He said he felt potential witnesses he might wish to bring to court would be intimidated by CAB and would not wish to give evidence.
He claimed CAB had been falsely and maliciously telling potential witnesses he was also engaged in money-laundering. His company's business had been interfered with and Eringold might have to close.
Mr Bolger said he feared for his safety and that of his family as a result of widespread false and malicious rumour spread by CAB in the business community.
Knowing Mr Mitchell's background he felt he had very good reason to be fearful, he said. CAB had continued to hold him out to be a drug dealer and a money launderer.
Mr O'Leary had told him CAB members had threatened him. Mr O'Leary was a partner in Simpson Xavier and had been suspended.
Mr Bolger said that on September 19th when he came home from Brussels, CAB officers arrested him at Dublin Airport under the Drug Trafficking Act. He was interrogated about the affairs of his company at Pearse Street Garda Station.
He was assaulted on several occasions and refused contact with his own solicitor. Another solicitor, Mr Jim Orange, was allowed to see him.
After his release, CAB members visited and searched the home of a Russian businessman.
They took away documents and bank statements after asking him if he knew Mr Keating, Mr O'Leary and Mr Bolger. They told the Russian that Mr Bolger was laundering dirty money from drugs and bank robberies.
Mr O'Donnell read an affidavit by Mr O'Leary in which he stated no directorships of Louisville, formally or informally, had been held and that he was not Mr Bolger's accountant and had never acted on his behalf. He said Mr Bolger's affidavit was not a fair reflection of the situation.
Mr O'Leary said no one had alleged to him that Mr Bolger was a substantial importer of drugs or had any involvement with Mr Mitchell.
Mr O'Donnell said Mr Keating in his affidavit stated he was not and never had been a director of Louisville and had not attended meetings. He had not authorised solicitors to act on his behalf and had not been threatened as alleged. He had not been obliged to resign as a director of Louisville since he had not been a director and he had not been informed that Mr Bolger was importing drugs
In affidavits, CAB members, who by law must remain anonymous, "emphatically rejected" any wrongdoing, assault or verbal abuse of Mr Bolger while under arrest. They stated that on four occasions he received visits from his solicitor and on release, when asked, stated he had no complaints.
Another officer gave evidence of Mr Bolger having been convicted in England of fraud and having absconded from that jurisdiction.
Committal warrants had been issued for him but extradition proceedings in Ireland had failed on a technicality.
He said all Mr Bolger's allegations were untrue and were an attempt to frustrate CAB investigations and calculated to obstruct and inhibit its inquiries.
Mr O'Donnell said one of the reliefs Mr Bolger sought was an order restraining CAB from describing him as a criminal.
It had not been disclosed in his own affidavit that he had been convicted in England and had absconded. Despite this he had now come before the court to seek to restrain the prosecution authorities from describing him as a criminal.
Mr O'Donnell said it was clear there was a serious criminal, tax and social welfare investigation in its early stages.
It was impossible to see how any effective investigation could be carried out if the orders were granted.
He said Mr Bolger had denied any association with Mr Mitchell yet there had been evidence that two bank drafts made out for £48,000 in favour of Mr Mitchell had been handed by Mr Bolger to Mr Keating with instructions to lodge them in an account.
Mr Bolger had asserted Mr Keating was a director of the company but Mr Keating had stated he had nothing to do with the institution of the proceedings before the court.
Mr Justice Smyth made an order under Section 8 (4) of the Proceeds of Crime Act 1996 prohibiting publicity of evidence not related to the application before the court.