The interim chief executive of Console has got High Court permission to break the lock on a storage unit believed to have been rented by its founder a few days after irregularities in the organisation were revealed publicly.
David Hall was also given permission to inspect and remove any documents or material relating to the bereavement charity from Unit G9, Remedy Self Storage, Tougher Business Park, Naas, Co Kildare.
Mr Justice Paul Gilligan restrained reporting of the order until 3.30pm so as to give Mr Hall an opportunity to get to the Naas unit and notify local gardaí of the order.
Martin Hayden SC, with Keith Farry BL, for Console, said there was an urgency to the application because Mr Hall believed the charity is still in serious and exceptional danger.
In an affidavit, Mr Hall said he received a phone call last Friday following his interview with Joe Duffy on RTÉ radio's Liveline "from a person saying they had important information".
He was told, on June 28th last, Paul Kelly and his wife Patricia had been seen at the self storage unit. Mr Hall made enquires and confirmed Mr Kelly rented a unit there on June 28th and paid cash for it.
Cash withdrawn
Mr Hall said he is unaware if the cash was withdrawn from Console’s accounts or credit cards.
He was informed Mr Kelly made one delivery to the unit on June 28th, driving an Audi Q5, while he and his wife made a second delivery the same day, using a Mercedes vehicle.
Mr Hall said he was informed by a source Mrs Kelly was at the door of the container unit while Mr Kelly appeared to be inside.
Mr Hall said, contrary to last Thursday’s court order preventing the Kellys accessing bank and other accounts of Console, and ordering the return of property, he had not been provided with any documents about the storage unit or its contents.
He did not know what documents property or other monies are in the unit and believed both the company premises, records and documents are still accessible to Mr Kelly, his wife and to Mr Kelly’s sister, Joan McKenna.
Director
Earlier, Mr Justice Gilligan was told by a lawyer for Ms McKenna she was never a director of the organisation.
Jim Bridgeman BL, for Ms McKenna, made that statement when asking the court for more time to file an affidavit in response to last Thursday’s order preventing her and her co-defendants, the Kellys, from accessing Console’s finances.
Mr Bridgeman said that order required his client to deliver a replying affidavit to the proceedings on Monday evening in advance of the return of the case before the court tomorrow.
Mr Bridgeman asked for more time and for the case be put back to later this week. He said his client was prepared to give certain undertakings and she was “never a director” of the Console company.
Mr Justice Gilligan said counsel could “explain that in due course” but the court was not prepared to break up the case to have two of the defendants (Mr Kelly and his wife) dealt with on one day and the third (Ms McKenna) on another day.
He said there was no reason the affidavit could not be sworn and ready by 9.30am on Tuesday. If Ms McKenna’s lawyers could not do so, he would review the matter then, he added.