The liquidator of Console has discontinued legal proceedings against an “innocent bystander” accepted to have had no involvement with the running of the suicide bereavement charity.
Following an investigation into the running of the charity, proceedings were brought against Console's founder Paul Kelly, his wife Patricia and his sister Joan McKenna.
Last June, the High Court granted then interim Console chief executive David Hall various orders including freezing various bank accounts linked to the organisation. Those proceedings were taken over by Console’s liquidator, Tom Murray, after the charity was wound up.
At the High Court on Tuesday, Martin Hayden SC, for the liquidator, said his client was discontinuing proceedings against Joan McKenna. The court had previously discontinued freezing orders made against Ms McKenna.
In a statement read to the court by Mr Hayden, counsel said the liquidator “acknowledges that Ms McKenna was not involved in the running of Console” and “thanks her for her engagement in the liquidation process”.
No role
“It has become clear, thanks to the efforts of Ms McKenna, that she had no hand act or part in the control, running or conduct of Console,” the statement said. It was also accepted she “never derived any personal financial gain from Console”.
The court heard, while a Joan Burke McKenna appeared as a director of Console and appears to have signed company accounts on behalf of the charity, the liquidator accepted Ms McKenna was never a director of Console and the signatures were not hers.
The liquidator would now work with Ms McKenna to have her name removed from the relevant Companies Registration Office records, counsel said.
Ms McKenna had asked that it be noted she was a supporter of the work done by Console, the court heard. She also waived her entitlement to legal costs and asked that that money be used as part of the liquidation process.
She was aware counsellors with Console were owed for their work.
Like many of those vulnerable people affected, she was “an innocent bystander”, counsel said.
Ms McKenna, who thanked her legal team of Michael Hayes solicitor and James Bridgeman, said there was a need for suicide bereavement counselling and asked that support be given to Pieta House.
Following the brief application, Mr Justice Gilligan agreed to strike out the proceedings against Ms McKenna.