A plant-hire operator who claims he is entitled to a one-fifth share of a Lotto jackpot of more than €2 million was told: "Forget it, you are out," when he sought the money from a syndicate member, the High Court heard yesterday.
Mr Martin Horan has rejected a claim that he told the same syndicate member to "f*** off" some months earlier when that man asked him for his contribution to the cost of the Lotto tickets.
Mr Horan (38), of Carragown, Bohola, Castlebar, Co Mayo, is claiming one-fifth of the January 6th, 2001, Lotto prize in proceedings which opened yesterday.
The action is against four men from Castlebar and An Post National Lottery Company Ltd.
The four men are Mr Frank O'Reilly, a publican, of O'Reilly's Pub, Ballyvary, Castlebar; Mr Michael McHale, a farmer of Currane, Ballyvary; Mr John Joyce, a taxi driver of Keelogue, Ballyvary; and Mr Seamus O'Brien, also a taxi driver of Ballyvary.
Mr Horan claims he and the four defendants had in early 1999 reached an agreement to combine to purchase lottery tickets each week. They agreed any winnings would be divided equally between them.
The defendants admit Mr Horan was a member of a Lotto syndicate for a period of time, but deny that the winning ticket was purchased on behalf of Mr Horan and the four defendants.
They plead that at the time the ticket was purchased, Mr Horan did not become a shareholder in the ticket.
The defendants also claim when Mr Horan failed to pay the contributions weekly, and failed to pay the arrears, they became a syndicate with four shareholders.
Yesterday, Mr Conor Maguire SC, for Mr Horan, said his client was on holidays in Lanzarote in January 2001, when he heard about the Lotto win. His father had phoned one of the syndicate members, Mr O'Brien, but was told in laughing tones that his son could forget about it as he was "out".
Counsel said there had never been a termination of Mr Horan's membership of the syndicate in a formal sense. Mr O'Brien had never complained that Mr Horan was being carried or was regularly in arrears.
Mr Horan denied a suggestion that he had told Mr O'Brien to "f*** off" when asked for his Lotto contribution in late October 2000. He also denied that he had been asked for £72 in arrears. "When he asked me for money, I gave it to him."
He added that he knew he was behind in contributions. "I always paid in lump sums."
The case continues today.