THE failure of the broadcaster Terry Wogan to produce a sworn statement at a previous court hearing concerning his role as a director of the former Century Radio station was criticised by a High Court judge yesterday.
However, Miss Justice Carroll held Mr Wogan had acted responsibly and honestly in the running of the station.
Century Communications went into liquidation in 1991 with a deficit to creditors of more than £6 million.
Last October eight former directors, including the singer Chris de Burgh and the music promoter Mr Oliver Barry, produced affidavits stating they had acted honestly and responsibly in the running of the station.
The directors had responded to an application under the 1990 Companies by the official liquidator Mr Neil Payne, that the former directors should not for a period of five years be appointed or act in any way as a director or secretary of any company.
Another Section of the Act states that if a former director can show he or she acted honestly and responsibly in the running of the company up to its liquidation the declaration would not apply.
At the October hearing Miss Justice Carroll said she was satisfied that on the evidence in all the affidavits before her that there was no reason to make the declaration.
She said the only person who had not made an affidavit was Mr Wogan, and the onus was on him to do it. She did not know why he had not sworn it as the case had been listed for some time. It should not have happened. She ordered the eight other directors to pay £250 costs plus VAT to the liquidator.
Yesterday Mr Colm Allen SC, for Mr Wogan, said that on October 11th he had indicated there had been an unsworn copy of Mr Wogan's affidavit. There had been a communications breakdown between Mr Wogan, the London agents and the firm of Dublin solicitors.
Miss Justice Carroll said she had been told at the October court hearing that Mr Wogan was going to come at 2 p.m. and swear the affidavit.
Mr Allen said he did come on that day but the court hearing had concluded at 12.30 p.m. The matter had been adjourned to December 2nd. Mr Wogan came to the country and swore the affidavit. He had apologised on the last occasion on behalf of his client and thought the court had accepted his explanation.
Miss Justice Carroll said she did not remember indicating that Mr Wogan's behaviour was acceptable. She still did not know why he had not sworn his affidavit in time for the hearing.
Mr Allen said he was informed his solicitor had made arrangements to travel to London two days before the hearing to have the affidavit sworn but was unable to contact Mr Wogan. In those circumstances, Mr Wogan came to Ireland.
Mr Allen read an affidavit by Mr Wogan, dated October 11th last, who said he was director of a number of companies and was extremely conscious of his obligations. He had always, as a matter of policy, ensured that in any venture he was involved in he would avail of the best professional advice and familiarise himself with the business and operations of a company.
He had been happy to become associated with Century as a non-executive director, a shareholder and contributing broadcaster. He felt he was in good company with Mr Laurence Crowley as chairman and his friend Chris de Burgh as a fellow director.
Miss Justice Carroll held Mr Wogan had acted responsibly and honestly in the running of the radio station. Because of the delay in producing an affidavit, Mr Wogan, she said, should be expected to pay more costs than his fellow directors who turned up on the day of the hearing. She ordered him to pay the liquidator £500 plus VAT.