Millionaire businessman Dr Michael Smurfit will have to attend the High Court to give evidence in the case of a former K Club catering manager, who has sued alleging he was threatened.
A subpoena was issued on Wednesday at the High Court requiring Dr Smurfit attend the case taken by Peter Curran against the K Club resort, resort superintendent Gerry Byrne and Dr Smurfit.
Mr Curran, of Cahirciveen, Co Kerry, has claimed his way was blocked in the toilets at Punchestown Races on May 7th, 2011, by Mr 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.”
He claims the alleged comments arose from references by Mr Curran in earlier proceedings, contained in replies to written questions and particulars relating to alleged financial irregularities he allegedly uncovered at the K Club, to call girls, sometimes sourced abroad, being given free use of the hotel facilities at the K Club.
The defendants have denied all claims.
On Wednesday, Mr Justice Anthony Barr granted permission for a subpoena to be issued requiring Dr Smurfit, who lives in Monaco, to attend court.
It followed an application by Kenneth Fogarty SC, for Mr Curran, who said Dr Smurfit was on the schedule of witnesses for the other side and they wanted to know if he was going to be giving evidence.
If Dr Smurfit was not to called as a witness, counsel said his side intended to apply for a subpoena.
Mr Justice Barr said Dr Smurfit being on the list of witnesses meant there was a clear intention to have him as a witness, but that did not stop the Curran side issuing a subpoena and it was a matter for them.
Mr Fogarty said Dr Smurfit lived outside Ireland and asked for permission to serve the subpoena on the solicitors for Dr Smurfit and at Dr Smurfit’s Monaco address.
Jurisdiction
Rossa Fanning SC, for Dr Smurfit, said no legal authorities were being offered to the court in relation to a person living outside the jurisdiction.
Mr Justice Barr said he was satisfied that, once a party invoked the jurisdiction of the court as a defendant, he had made himself amenable to the court notwithstanding that he lived abroad.
Mr Curran was catering manager at the K Club between September 1997 and October 1998 when he claims he was forced to leave. He brought an alleged unfair dismissal case which was settled in March 1999.
He later brought High Court proceedings alleging breach of his constitutional right to his good name and to earn a livelihood. During the run-up to that case, in replies to written questions and particulars relating to his claims of alleged financial irregularities he had allegedly uncovered at the K Club, Mr Curran made reference to call girls, sometimes sourced abroad, were given free use of the hotel facilities at the K Club.
Those proceedings were settled in 2008 and Mr Curran claims it was an implied term of the agreement he would not be threatened, harassed or intimidated in any manner.
On Wednesday, during cross examination by Gerard Danaher SC, for the K Club, Mr Curran said Dr Smurfit had called him “young boy”. He said he did admire Dr Smurfit but “then I saw another side to him”. When you got into the “inner circle”, you learn from Dr Smurfit but you follow instructions, he said.
SAS
He said that during a European Open, Shane Ross, then a columnist with the Sunday Independent, wrote an article in which he intimated Dr Smurfit should retire.
Mr Curran said he was told by Dr Smurfit to take copies of the newspaper away from the K Club.
“Dr Smurfit gives instructions, you carry them out and, if you don’t, you get fired.”
He said Dr Smurfit had asked him for “severe loyalty” on one occasion while he “squeezed my arm”.
Mr Curran also said, after he was dismissed, he was escorted off the K Club premises by two men, who he claimed were former British army personnel. He said one of the men was a former SAS officer and both would “put the fear of God in anybody who is a threat to the establishment”.
The case continues on Thursday.
