The High Court has refused an application by French film star Dany Boon’s lawyers to furnish documents generated in his action against parties allegedly linked to a €7 million fraud against him to prosecutors in Monaco.
In a ruling in a preliminary issue in the proceedings Mr Justice Rory Mulcahy said the film star was not entitled to provide affidavits sworn on behalf of two of the 11 defendants, Asia Monaco Investments Ltd, and Asia Monaco SARL, to prosecutors in the principality who are also investigating the alleged fraud.
This was because Mr Boon’s lawyers had failed to discharge the onus of establishing that the provision of the documents was in accordance with the due administration of justice, the judge said.
The plaintiff had also failed to show that the two defendants, who are alleged to be co-conspirators in the fraud, would not be unfairly prejudiced if the documents were made available, the judge said.
The judge said the specific affidavits sought were furnished to Mr Boon’s Irish lawyers but were not formally “opened” before the courts and therefore were not deemed to have been put in the public domain.
Sworn statements
The two defendants in question, the court heard, are linked to both Thierry Birles, who Mr Boon claims is the main person behind the fraud and is a defendant in the action, and Mr Birles’ partner Xin Zhao, who swore the statements in question.
Last year Mr Boon launched proceedings before the Irish High Court in an attempt to recover his monies. He secured various freezing and disclosure orders against Mr Birles and several other linked defendants.
The court also granted him formal judgements against Mr Birles, South Sea Merchant’s Mariners Ltd Partnership (SSMM), Hibernian Petroleum Limited Partnership, United Irish Estates Limited and Hibernian Yachts Company Limited which are all Irish registered entities, and the Samoa-registered United Far East Oriental Holdings (Samoa) Ltd.
Judgment was also made against the US registered, American Sail & Motor Navigation Inc, Amalgamated Plantations Company Ltd, which is registered in the British Virgin Islands, Sail & Motor Navigation Company Limited in Antigua and Barbuda..
Similar orders have been sought against both Asia Monaco Investments Ltd with an address in Lusk Co Dublin, and Asia Monaco Sarl, which is registered in Monaco, which have contested Mr Boon’s claims against them.
In his ruling on the application to disclose documents Mr Justice Mulcahy said that Asia Monaco Investments is capitalised to the sum of €6.8 million, and its sole shareholder is Ms Zhou. Its company secretary is Mr Birles, the judge added.
Asia Monaco’s main shareholder is Ms Zhou and has the same address as a residential address given by her and Mr Birles.
The judge said that Ms Zhao swore affidavits in response to various freezing orders sought against those two defendants by Mr Boon.
Money laundering
The judge noted that she has stated that she has been interviewed by Monaco’s police in relation to their investigation of Mr Birles and the related companies, and in relation to alleged money laundering.
She has claimed to be a victim in this matter.
Last February, the two defendant companies consented to orders being made against them, preventing them from reducing their assets below a value of €4.87 million, pending the outcome of the full hearing of the action against them.
The judge said that as a consequence none of the affidavits filed by Ms Zhao were opened in court.
This resulted in an application by Mr Boon’s lawyers for permission from the Irish High Court to provide the affidavits and associated documents to his lawyers in Monaco.
They would then give them to the judge in Monaco who is in charge of the criminal investigation in order to assist that inquiry.
Elaborate fraud
The application was opposed by the two defendants on the grounds that an injustice may occur.
The judge said that had the affidavits been opened before the court, the application made to the court would not have been necessary.
Belgium-based Mr Boon claims he is the victim of “a systemic and elaborate fraud with an international dimension” committed by Mr Birles and entities related to him.
Mr Boon says that he advanced monies to entities linked to Mr Thierry Fialek-Birles aka Terry Birles aka Thierry Waterford-Mandeville.
Mr Boon claims Mr Birles has represented himself to be an “Irish Lord from an ancient family” and an expert lawyer in maritime law.
Based on Mr Birles advice he invested €4.5m of his money through SSMM in a tax free scheme with the Irish Central Bank, he claims. Mr Boon subsequently discovered that the scheme doesn’t exist and, despite making several requests, the funds have not been returned to him.
Mr Boon also claims that he advanced a further €2.2 million, through SSMM, to cover the costs of running yacht, which he also believes has been misappropriated. Mr Boon obtained orders restraining the defendants from reducing, moving or dissipating any of their assets, including a sailboat and a house in Cork below a value of €6m.
It is claimed Mr Birles, a French citizen aged in his 30s, committed the fraud by using several companies he set up in multiple jurisdictions.
Mr Birles had denied the allegations before he, and several other of the defendants, discharged their lawyers and opted not to participate in the proceedings.
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