A judge has warned a "failed promoter" he could be sent to jail if he does not get a "normal" job to pay back a debt of about €250,000 to comedian Mario Rosenstock.
Dublin District Court's enforcement list heard on Tuesday that concert and events promoter Darryl Downey owed money to Blue Elf Inc, the company owned by Mr Rosenstock. His company is looking to have Mr Downey jailed as a result of arrears.
Mr Rosenstock, who rose to fame with his Gift Grub sketches on Today FM and who now has a successful show on RTÉ, was not present for the hearing.
Judge Michael Coghlan said Mr Downey was a "failed promoter" and he was putting the case back until February "to enable him to get a job, any job".
“If I hear he is continuing to hope for the next big deal I will run out of patience,” he said, adding that he wanted to hear Mr Downey gets a job “that pays a normal weekly wage”.
The debt is the subject of a High Court judgment. In January, the District Court had granted a variation on the instalment order reducing the monthly repayment from €5,000 to €1,500.
However, Jane Linnane, counsel for Blue Elf, told the judge at the District Court that since January there had just been €5,400 paid by Downey to her client.
Another creditor
Ms Linnane said that since September just €900 was paid while during the same period Mr Downey made payments to another creditor who was not the subject of a judgment. Counsel submitted that this money should have gone to her client. She said Blue Elf and the court’s orders have been continuously ignored and she said it was in those circumstances that a committal warrant was being sought.
She also said that in September Mr Downey went to the US and spent about €11,000.
Ms Downey's barrister, Tessa White, told the judge that her client wanted to give evidence.
“Let me say this: I have a draft warrant for arrest and committal on file – if you go into evidence and I am not satisfied with the evidence I hear, that will be signed,” the judge warned Mr Downey.
Mr Downey said he cannot afford to pay any more. The court heard he had been a self-employed concert and events promoter since 2003 but is currently out of work.
He said the case related to a number of live shows going back to 2012 as a result of which about €750,000 was owed to Blue Elf. Some €500,000 was paid over. He said he did not have the funds to pay the rest.
His company, Jarash, has about €28,000 but his counsel said those funds were needed to get shows off the ground.
Mr Downey also claimed he was led to believe by his accountant that he was due to receive a €200,000 VAT refund but that did not materialise. He said that since the instalment order was made he has had to borrow €4,000 from his mother.
Social welfare
He said he was not in a position to pay back €1,500 a month and that he had just €4 in his personal account, €1 in a business account, €10 in his pocket and a €28,000 overdraft. He applied for social welfare but that was refused, the court heard.
He said that last year he took up a four-month contract working in PR and marketing for publisher Harmonia.
He said the trip to the US in September was for business to see shows and to talk to people about hosting shows.
He said the role he had had stopped because of the cancellation of the Killarney Festival of Music and Food last year. However, he said he is looking for work.
His counsel said he had brought great success for people who went on to become household names but he was perhaps unaware of the pecking order in relation to his debts which were explained to him in court.
Judge Coghlan noted that the matter has been before him on a number of occasions and said Mr Downey’s credibility was very poor and he had come to the conclusion he has not given full information.