The inspector into the Bula Resources controversy, Mr Lyndon McCann, has been told the Australian businessman, Mr Craig Bond, will meet him in Dublin next Tuesday.
Mr Bond is due to appear in the High Court on the following day, to give evidence in relation to his alleged beneficial ownership of almost 74 million Bula shares. The shares were given to Mir Oil Development Ltd, a Virgin Islands company, as part of a deal involving a Siberian oil field.
The shares are currently the subject of a High Court order preventing their sale or transfer. Bula is demanding that the beneficial owner make himself known under the terms of company law. Mr Bond was ordered by the High Court in December to appear on January 14th to give evidence in relation to his claim to be the beneficial owner.
Legal representatives for Mr Bond have now told Mr McCann that he will give a formal interview, under oath, in Dublin on the day prior to his court appearance. The identity of the beneficial owner of Mir Oil is one of the central issues which Mr McCann was appointed to investigate.
Mr Bond is the son of the disgraced Australian tycoon, Alan Bond. He met members of the Bula board in November following his surprise claim that he was the owner of the Virgin Islands company. Bula had been told by its former chairman, Mr Jim Stanley, who set up the controversial Siberian deal in 1995, that Mir Oil was owned by Mr Charles Ellis, of South Africa. Mr Ellis has since denied ever having anything to do with the company or the Siberian oil deal.
Meanwhile, it has been learned that the inspector served a certificate to the High Court on December 19th, stating that Mr Stanley has refused to meet him. During a trip to Moscow last month Mr McCann was scheduled to interview Mr Stanley in the Irish embassy but the meeting never went ahead.
A London-based solicitor, Mr Stephen Barker, represented Mr Stanley and said his client would not be prepared to meet the inspector unless certain undertakings were given. On Monday the High Court will consider whether Mr Stanley is within his rights to refuse to meet the inspector.
It is understood Mr Stanley is arguing that he should not have to answer questions on the grounds that he might incriminate himself. Bula has issued proceedings against its former chairman in relation to the Siberian deal.
If the court rules that Mr Stanley's refusal to meet the inspector is well-founded, then that is the end of the matter. If he rules that Mr Stanley should meet the inspector, then Mr McCann will apply for an order compelling him to do so and to produce certain books and documents.
It is understood Mr Stanley is currently based in Moscow. Mr McCann has previously served certificates to the courts in relation to Mr Pat Mahony and Mr Ivan Walpole of Bula, who were ordered by the court to disclose to the inspector details of what had transpired during their November meeting with Mr Bond. They have since done so.
Mr McCann also served a certificate in relation to solicitor Ms Theresa Gavin, seeking to have her compelled to disclose the identity of the beneficial owner of Mir Oil, which she had been representing. The issue lost relevance when Mr Bond came forward claiming to be the owner.
The inspector is to report to the Tanaiste and Minister for Enterprise, Trade and Employment, Ms Harney, by January 26th.
