The boss of a charity fundraising platform business is in France and is too ill to travel to Dublin, the High Court has heard. But, subject to his health, Peter Conlon of Pembroke Dynamic Internet Services says he is willing to meet the company's liquidators to see if proceedings can be resolved.
Mr Conlon’s firm is at the centre of an investigation into alleged misappropriation of some €3.8 million in donations.
The High Court last year granted liquidator Myles Kirby an injunction freezing Mr Conlon's assets, including his bank accounts, below a value of €3.8 million. Those orders remain in place.
Following his investigation into the firm’s affairs, Mr Kirby is seeking various orders against Mr Conlon, including an order that he be made personally liable for the company’s debts.
It is claimed Mr Conlon (64) returned to Ireland in December following his release from prison in Switzerland, where he had been convicted of embezzlement.
Exact whereabouts
The liquidator was unable to proceed with his application late last month because he did not know Mr Conlon’s exact whereabouts and whether he was aware of the proceedings.
On Wednesday, Gerard Meehan, for Mr Kirby, told Ms Justice Leonie Reynolds contact had been established with Mr Conlon since the matter had last been before the court.
The Office of the Director of Corporate Enforcement, which is also probing Pembroke Dynamic’s affairs, had given Mr Kirby Mr Conlon’s contact details, counsel said.
Mr Kirby’s lawyers had been informed in an email from a third party that Mr Conlon is in France but was “too ill to return to Dublin” for yesterday’s hearing. The email had stated his illness had been certified by a doctor in Ireland and proof of his condition could be provided to the court if required.
The email also stated that, subject to his health, Mr Conlon was prepared to meet with Mr Kirby in France later this month to see if matters between the parties could be resolved without any further costs being incurred.
Considering the offer
Counsel said Mr Conlon’s offer to meet his client has neither been agreed nor rejected by Mr Kirby, who is considering the offer.
Ms Justice Reynolds, who deemed that Mr Conlon has been served with the relevant documents in the case, agreed to adjourn for three weeks. At that point, she said, evidence concerning Mr Conlon’s health should be put before the court.
In January 2018, Mr Kirby was appointed as liquidator of Pembroke Dynamic over a €400,000 debt owed to Revenue.
Pembroke, which previously traded as Ammado Internet Services, was an online donation platform through which people could give money to various charities, with the company taking 5 per cent commission.
Mr Kirby sought freezing orders after he began an investigation into the firm’s affairs. He claims various charities have not received some €3.8 million donated to them via the platform.
Mr Kirby claims Mr Conlon, with an address at St Mary’s Road, Ballsbridge, Dublin is “guilty of very serious misconduct”, as company funds were used for personal expenditure.
