A former business partner of racing driver Eddie Irvine has been described as "totally dishonest" for allegedly cashing several cheques that subsequently bounced in two Dublin pubs, an Employment Appeals Tribunal heard yesterday.
Giving evidence to the tribunal Keith Mallin, a director of Calview Investments which owns Cocoon and O'Reilly's pubs in central Dublin, said that former co-director John Foley had withdrawn cash from the bars and replaced it with cheques without enough funds in his account to honour the debt. Mr Foley did this on nine separate occasions, Mr Mallin said.
"Bouncing cheques is dishonest. It is fraud," said Mr Mallin. "If someone bounces a cheque again and again and again it is totally dishonest. He has proved himself as dishonest on nine separate occasions with cheques," he said, adding that he felt Mr Foley's dismissal was justified.
Calview is part-owned by Mr Irvine via his investment company Tidswell. Mr Irvine made loans to Calview in respect of the pubs, and yesterday Mr Mallin claimed the former Formula 1 driver is still owed €2.3 million from the deal.
The tribunal heard that Mr Foley was dismissed for cashing personal cheques in the bars without the necessary funds and for paying off personal debts with company money. He is also accused of paying a tiler from company funds for work carried out on Mr Irvine's house in Dalkey, Co Dublin.
Mr Foley is taking a case against Calview for unfair dismissal.
During what were at times stormy proceedings, counsel for Mr Foley, Frank Callanan, accused the respondents of "a systematic campaign of withholding information" and for "muddying the waters" by introducing evidence that was in dispute. Mr Callanan also accused Mr Irvine of getting rid of his former friend in order to gain full control of the business.
"This is an obvious attempt by an absent individual to destroy the reputation of my client," said Mr Callanan. This was denied by the respondents.
"The case against my client has departed the Earth. It has floated off like a big balloon," said Mr Callanan.
The tribunal heard that Mr Foley also put a number of other payments through the company's accounts that the company claims was not its liability. Among those liabilities were two payments totalling almost €45,000 to do with a development in Duke Street, Dublin, beside the Cocoon bar. According to Mr Mallin, the Duke Street development had nothing directly to do with Cocoon and was Mr Foley's own liability.
Earlier, the tribunal heard evidence from accountant Paul O'Hehir who was employed as a financial consultant with Calview.
"Eddie Irvine was furious that John Foley was signing cheques for things that had nothing to do with the business, and that led to a breakdown in their relationship," said Mr O'Hehir.
The hearing continues.