Millionaire businessman Michael Smurfit is no longer required to attend at the High Court to give evidence in a case by a former K Club manager alleging he was threatened by another employee at Punchestown Races.
Mr Justice Anthony Barr on Tuesday discharged a subpoena issued last July requiring the businessman, who lives in Monaco, to attend the case.
The move came after counsel for former K Club manager Peter Curran confirmed to the court Mr Smurfit was no longer on their list of witnesses to call in the ongoing case.
Maura McNally SC confirmed to the court, as stated in correspondence between the parties, that Mr Smurfit was not now going to be called by the Curran side.
Mr Justice Barr said the court had expected an application to be made by Mr Smurfit’s side for Mr Smurfit to give evidence by video link from Monaco, but that was not now the case.
In the circumstances, he discharged the subpoena.
After the subpoena had been issued, Mr Smurfit was excused from attending the High Court last July because of a hip operation, and the matter had been adjourned to this week.
Hip replacement
Last July, a medical certificate was handed into court from Dr Smurfit’s doctor in Monaco, where the 82-year-old was recovering from a hip replacement operation. His doctors believed he would not be mobile until the end of August.
It also stated a complication arose when Dr Smurfit’s femur fractured and he required further surgery.
Tuesday is the 10th day of the action by Mr Curran. He has sued Dr Smurfit along with the exclusive five-star K Club resort and a resort superintendent, Gerry Byrne.
Mr Curran, Cahirciveen, Co Kerry, has claimed that, on May 7th, 2011, his way was blocked in the toilets at Punchestown Races by Gerry Byrne, who allegedly said: “Dr Smurfit has not forgotten the statements about him and the call girls. Dr Smurfit knows where to find you and this is not over.”
The defendants have denied all claims.
Mr Curran was catering manager at the K Club between September 1997 and October 1998, when he claims he was forced to leave. He later brought an unfair dismissal case which was settled in March 1999.
Constitutional rights
Mr Curran later brought High Court proceedings claiming breach of his constitutional rights to his good name and to earn a livelihood.
During the run-up to that case Mr Curran had, in replies to written questions and particulars relating to alleged financial irregularities he had allegedly uncovered at the K Club, made reference to call girls, sometimes sourced abroad, given free use of the hotel facilities at the K Club.
Those High Court proceedings were settled in 2008 and it is claimed it was an implied term of the agreement Mr Curran would not be threatened, harassed or intimidated in any manner.
The case continues.
