Waterford senior hurling manager Davy Fitzgerald has claimed that he is the victim of a fraud that has resulted in proceedings being brought against him in a Portuguese court.
The High Court heard on Tuesday that Mr Fitzgerald is fighting proceedings taken against him by a receiver and “a vulture fund” aimed at securing possession of a property, owned by Mr Fitzgerald, where his sister Helen Fitzgerald lives.
The Ireland’s Fittest Family co-creator and mentor, from Sixmilebridge, Co Clare, claims he first discovered last July that his name had, without his knowledge or consent, been put on “false” mortgage documentation in respect of “six or seven” properties in Portugal.
Mr Fitzgerald claims that former ACC Bank official Jarlath Mitchell, who he had professional dealings with several years ago, entered his name on the “false mortgages and documents”.
Mr Mitchell, formerly of Drimnagh, was jailed in 2013 for two years after he admitted to stealing over €450,000 from customers to pay off debts from unsuccessful investments in the property market.
Mr Fitzgerald claims Mr Mitchell had been his relationship manager.
The GAA manager accepted he took out loans with ACC. He said he bought an apartment in Portugal on foot of Mr Mitchell’s advice.
That property is not the subject of the Portuguese action.
Mr Fitzgerald said he had no idea he was involved with the other properties until he received documents from Portuguese courts during the summer. He has had to instruct Portuguese lawyers to defend him in the proceedings there.
In a sworn statement, the former goalkeeper said Mr Mitchell was jailed for falsifying documents.
Mr Fitzgerald further claimed that €45,000 that was held on deposit in ACC is currently unaccounted for.
As a result, Mr Fitzgerald, represented by Ronnie Hudson BL, instructed by solicitor Max Mooney, has sued ACC Loan Management and Mr Mitchell in the High Court where he is seeking damages for alleged fraud, negligence and deceit.
Mr Fitzgerald’s fraud proceedings were mentioned when a separate case against him and his sister Helen came before the deputy master of the High Court, John Glennon, who deals with pretrial matters before they go before a judge.
Pepper Finance and receiver James Anderson of Deloitte, who was appointed over certain assets of Mr Fitzgerald, issued a summons against the siblings seeking possession of a property owned by Mr Fitzgerald, where his sister resides at Clonlara, Sixmilebridge.
Mr Hudon told the Deputy Master that the mortgage for the property was taken out with ACC Bank, but the loan was allegedly acquired by Pepper, which counsel referred to as “a vulture fund”.
Counsel said that Mr Fitzgerald has obtained a mortgage to pay off the house loan but was unable to redeem the mortgage of just over €200,000.
Counsel said it is his clients’ case that Pepper is refusing to allow Mr Fitzgerald redemption of the mortgage unless he pays an interest surcharge of €25,000.
He claims Pepper is not entitled to the surcharge, and the proceeds against him and his sister are needless and ill-conceived.
Mr Fitzgerald, who won All-Ireland hurling titles as a player and manager with his native Clare, said that the action against his sister over the property could not be reasonably dealt with without reference to his own action against ACC and Mr Mitchell.
When Pepper and Mr Anderson’s case against Mr Fitzgerald and his sister was called on Tuesday there was initially no appearance by the plaintiffs’ representatives.
Following an application by Mr Hudson, the case against the Fitzgeralds was struck out due to non-appearance.
However, shortly afterwards, lawyers for the plaintiffs asked the deputy master to reinstate the case, as they had been detained in another courtroom and had only missed the case by minutes.
Mr Fitzgerald’s lawyers opposed the reinstatement.
Mr Hudson said that if the plaintiffs are successful in the proceedings, Helen Fitzgerald would be evicted from her family home. The case has caused “great upset and distress” to the Fitzgeralds.
His client is known for being “straight up” in his business dealings and wants to redeem the mortgage but was being prevented from doing so due to an unreasonable demand by Pepper, he said.
After considering submissions from both sides, Mr Glennon said that without the consent of the parties he did not have the legal power to reverse his decision.
He agreed with counsel for the plaintiffs that the reality of the situation was that the case would most likely be reinstated on appeal or the summons could be reissued.
While Mr Fitzgerald’s lawyers were entitled to adopt the position taken regarding reinstatement, the matter will most likely return before the courts in a short period of time, the Deputy Master said.