The former chairman and joint managing director of Dunnes Stores, Mr Ben Dunne, may be compelled to give evidence to an authorised officer appointed by the Tanaiste, Ms Harney, to inquire into payments to Mr Michael Lowry TD and others.
Ms Harney's appointment of an authorised officer to the largest privately-owned company in the State is understood to have been taken, in part, so that former executives and staff could be interviewed. Mr Dunne could not be contacted last night.
Details of the appointment only emerged yesterday during a hearing in the High Court, although it took place in July. The decision was made by Ms Harney on foot of an interim report she had received in June on Celtic Helicopters and the Ansbacher Deposits.
Since last September Dunnes Stores has been co-operating with an inquiry being conducted by Mr Peter Fisher, an authorised officer appointed to Garuda Ltd, the company owned by Mr Lowry. However, it is unclear whether the company's attitude has changed in recent months.
The McCracken Tribunal heard evidence of payments by Mr Dunne of £1.3 million to the former Taoiseach, Mr Charles Haughey; hundreds of thousands of pounds to Mr Lowry; and a payment of £10,000 to Mr Ciaran Haughey, son of Mr Haughey and a director of Celtic Helicopters.
In July Ms Harney appointed an accountant, Mr George Maloney, a partner with O'Hare & Associates, Dublin, as an authorised officer to two Dunnes Stores companies: Dunnes Stores Ireland Ltd and Dunnes Stores (Ilac) Ltd. Mr Maloney was appointed under Section 19 of the Companies Act 1990, which gives an officer the power to demand a company's documents and also to require current and former officers and staff of the company to explain such documents.
The Minister is empowered to make such appointments where she believes the affairs of a company were run in such as way as to defraud its creditors or the creditors of any other person.
Yesterday's High Court hearing was told that Dunnes Stores was objecting to Mr Maloney's appointment because the company he worked for had once represented Ms Anne O'Brien, a daughter of Ms Margaret Heffernan, a director of Dunnes Stores. However, the hearing heard that Mr Maloney had resigned because of the perceived conflict of interest. Mr Gerard Ryan, a civil servant, was appointed in his place.
Dunnes Stores is seeking a judicial review of the appointment of an authorised officer to the company, although during yesterday's hearing counsel for the company, Mr Michael Cush, indicated that, following Mr Maloney's decision to resign, the case might not need to be taken any further. As matters stood, it might be that the current proceedings "are moot", Mr Cush said.
