Counsel calls witness 'a thug'

An unfair dismissal case taken by a former business partner of racing driver Eddie Irvine descended into name-calling yesterday…

An unfair dismissal case taken by a former business partner of racing driver Eddie Irvine descended into name-calling yesterday when a witness was called an "ignorant thug" by the applicant's legal representative.

John Foley is alleging unfair dismissal against Calview Investments, which owns Cocoon and O'Reilly's pubs in central Dublin and is part-owned by Mr Irvine.

Counsel for Mr Foley, Frank Callanan, yesterday accused a director of Calview, Keith Mallin, of shouting at him when giving evidence and said he was "a thug, an ignorant thug".

Mr Callanan's comments came after Mr Mallin accused Mr Foley of stealing thousands of euro from Calview.

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Mr Mallin, who was directly involved in dismissing Mr Foley, told the Employment Appeals Tribunal that the former co-director of Calview had cashed personal cheques at the company's pubs, which subsequently bounced, and had taken sums of up to €10,000 at a time from the company for his personal use.

At one stage Mr Foley had bought carpets for his home for more than €3,000 using company funds and attempted to pass the purchase off as being made on behalf of Mr Irvine, Mr Mallin said.

These sums had been originally refunded to the company from Mr Irvine's accounts, but were subsequently repaid by Mr Foley's solicitors without an admission of guilt after he was sacked, Mr Mallin said.

A cheque for €3,014 had been written by Mr Foley to the Carpet Showroom, with the stub making reference to Mr Irvine's Dalkey house. Mr Mallin subsequently contacted the Carpet Showroom who said they had delivered the carpets to an address in Blackrock, which it emerged was the home of Mr Foley.

"Mr Foley stole money yet again from the company for his personal use and covered it up," he said.

Mr Callanan said it was remarkable that someone who was so "viciously disposed" towards Mr Foley as Mr Mallin should have had any part in determining his future with the company.

The hearing continues today.

Olivia Kelly

Olivia Kelly

Olivia Kelly is Dublin Editor of The Irish Times