A former solicitor who was jailed for defrauding the Irish Press group of newspapers is being sued by ACCBANK in connection with a claim by the bank arising out of a mortgage on his former home.
Then solicitor Mr Elio Malocco married Ms Jane de Valera, daughter of the former High Court Taxing Master, Master Terry de Valera, some years ago and they lived at Westminster Road, Foxrock, Dublin. The couple are now separated.
The Master of the High Court, Mr Harry Hill SC, yesterday ordered ACC to produce certain documents in response to an application by lawyers for Mr Malocco.
An action taken by Ms de Valera against the ACC bank was settled in the High Court last year. Ms de Valera had sought to set aside a mortgage on their former family home in Foxrock.
In May 1991, Mr Malocco was convicted at the Dublin Circuit Court on fraud charges involving sums of money set aside by the now defunct Irish Press group of newspapers to deal with libel actions. He has since been released from prison.
Last year's proceedings brought by Ms de Valera were believed to have been settled on terms which included the payment by Ms de Valera of £70,000 to the bank out of a joint deposit account. Mr Malocco is challenging a claim by ACC (which is seeking £87,000) that the settlement was solely in respect of his wife's liability to the bank. He has issued a motion to discover documents in relation to the action brought by ACC against him.
Yesterday, Master Hill criticised ACC's delay in making documents available. Mr Ben O Floinn, for Mr Malocco, said they were not happy with what they had received. They wished to have the terms of the settlement with Ms de Valera and the documents releasing the mortgage.
Mr Lyndon McCann, for ACC, said he did not see the relevance of the terms of release and it appeared that Mr Malocco was attempting to trawl through documents in an attempt to avoid judgment against him.
Mr Hill asked how could this be as Mr Malocco was not represented and took no part in the settlement involving Ms de Valera. Mr O'Floinn said he would be addressing that issue in due course. Master Hill made an order requiring the ACC to discover documents in relation to Ms de Valera's proceedings, including records and papers relating to the vacation, variation or cancellation of the mortgage on the couple's former home.