Former property developer Kevin McGeever, who faked his own kidnapping, will avoid being jailed for contempt if he transfers certain shares to a man seeking to recover a €1.18 million judgment against him.
Mr McGeever is alleged to have failed to provide a truthful and accurate statement of means in response to efforts by businessman James Byrne to recover a judgment of €1.18 million obtained against Mr McGeever.
That alleged failure has resulted in a High Court application to have Mr McGeever jailed for contempt of court orders.
The application, which is opposed, has been before the courts on several occasions but adjourned to allow Mr McGeever take certain steps, including to provide information and documents about a property, ‘Nirvana’, in Craughwell Co Galway.
When the matter returned before Mr Justice Paul Gilligan at the High Court on Tuesday, he was told by Gary McCarthy SC, for Mr Byrne, his client remains unhappy with Mr McGeever's attempts to progress matters, in particular, to provide full details about Nirvana.
Mr McGeever had claimed the house is owned by a Belize registered company, Universal Assets Ltd, and is held in trust for his two daughters.
Mr Justice Gilligan, noting Mr Byrne’s judgment remains unsatisfied, said the court “would not stand idly by” while court orders were “not being complied with”.
He adjourned the matter for another two weeks to allow Mr McGeever take certain steps, including to transfer shares in Universal Assets to Mr Byrne. If those steps were taken, the application to have Mr McGeever jailed for contempt would not proceed, he said.
Séamas Ó Tuathail AS, for Mr McGeever, said his client was prepared to given an undertaking the property would not be sold in the meantime.
Mr Byrne had obtained judgment against Mr McGeever and his company over a failed deal to purchase several apartments in Dubai sold by Mr McGeever's KMM Intel Properties.
As part of Mr Byrne's attempts to recover the monies, Mr McGeever, with an address at Clontarf, Dublin 3, was cross examined before the Master of the High Court about his sworn statement of affairs.
It is claimed Mr McGeever did not set out his property interests in the statement as he was required to do, including an alleged interest in Nirvana . It is also alleged Mr McGeever perjured himself in his sworn statement.
Mr Byrne claims his efforts to recover the monies have been seriously impaired by Mr McGeever’s failure to provide a full and frank statement of affairs.
Last April, Mr McGeever pleaded guilty before Galway Circuit Court for wasting Garda time. He had claimed he was kidnapped by creditors who held him for eight months before he turned up on a roadside and was picked up by a passing motorist. He received a two year suspended sentence.