The High Court yesterday gave leave to a Cork man to seek an order quashing convictions on 35 summonses issued against him.
Michael Grimes, of Washington Street West, Cork, obtained permission to apply for an order quashing convictions imposed by Judge Peter Smithwick, on foot of 35 summonses, at Bandon District Court on May 23rd last.
Ms Justice Laffoy said she was granting the permission on the basis that the summonses were signed by Bandon District Court Clerk, Mr Denis Noonan, who was not lawfully appointed. The summonses were therefore null and void.
Grimes had been convicted of 35 offences of failing to supply, over a period of years, the Registrar of Companies with information on three companies to whom he had been appointed liquidator. The companies were Coffey Transport Ltd, O'Regan Haulage Co Ltd, and Sepra-Tech Ltd.
In an affidavit submitted to the High Court yesterday, Grimes said it was a statutory requirement that all District Court Clerks be appointed on foot of the personal signature of the Minister for Justice. He argued that Mr Noonan was not so appointed and therefore was not a valid District Court Clerk. Because of that, the summonses were not properly before Bandon District Court.