A FORMER financial controller with a co-operative society who claims his resignation was procured under duress collapsed outside the High Court yesterday while waiting to resume his evidence.
Arrabawn Co-operative Society Ltd has denied the claims of Tom Bolton and has counter-claimed he had confirmed at a disciplinary meeting he had defrauded the co-op of €50,000/€60,000 over a period of five or six years.
It is also claimed Mr Bolton agreed to make good the full amount to the co-op within a period of 24 months from the date of the resignation meeting on April 28th, 2006.
Mr Bolton (60), an accountant of Brendinville, Lower Shelbourne Road, Limerick, who has denied defrauding the co-op, has brought the action against Arrawbawn, formed after the merger of Nenagh Co-operative Society and the Mid Western Farmers Co-operative Society, with registered offices at Stafford Street, Nenagh, Co Tipperary.
After being told yesterday that Mr Bolton had collapsed outside court and taken to hospital, Mr Justice Roderick Murphy adjourned the case generally.
Earlier, Roddy Horan SC, for Mr Bolton, said his client’s resignation came about at a meeting held when he was on certified sick leave. His client was in frail health at the time of the meeting and reluctantly agreed to attend.
The court heard queries had been raised concerning payments to sales represenatives employed by the Co-op.
Mr Horan said Mr Bolton was told by chief executive Conor Ryan, if he failed to co-operate, the fraud squad would be called in. Mr Bolton had protested but attended the meeting. He had been declared unfit for work by his GP and that was the position right up to his “forced” resignation.
At the meeting, he was asked: “Did you take a million’’ and was absolutely confounded, counsel said. He was also warned, if he didn’t resign, the Co-op would dismiss him. A resignation letter was written out for him and he was told to write in what amount he had taken, Mr Horan said. He had put a figure of about €60,000 or €70,000 which satisfied the Co-op. Mr Horan said it was clear in Mr Bolton’s case he never took any money.
The co-op deny the claims of undue influence and intimidation. It says Mr Bolton was advised prior to signing the statement, which the Co-op describes as a confession and resignation, he was entitled to have legal advice before signing but had declined the offer.