Jump to content

 

 

Dermot Desmond Tax Evasion ?


Recommended Posts

A HIGH Court judge has halted an action by businessman Dermot Desmond which was aimed at setting aside High Court and Supreme Court decisions rejecting complaints by him about certain conduct of the Moriarty tribunal.

 

The millionaire businessman had brought proceedings seeking declarations that the High Court, in 2003, and the Supreme Court, in a judgment on a 2004 appeal, were misled by reason of fraud on behalf of the tribunal.

 

The tribunal was set up to inquire into payments to the late taoiseach Charles Haughey and to former Fine Gael minister Michael Lowry. It had applied to have Mr Desmond’s action struck out on grounds it was frivolous, vexatious, bound to fail and an abuse of the court process.

 

Yesterday Ms Justice Elizabeth Dunne said she was not satisfied Mr Desmond’s case, taken at its height, had alleged fraud in the true sense or that his statement of claim disclosed a reasonable cause of action. His case was one that must fail, she said.

 

Mr Desmond’s proceedings arose out of previous separate judicial review proceedings brought by him against the tribunal over its use of the Glackin 1993 report concerning the ownership of the Johnston, Mooney and O’Brien site in Ballsbridge, Dublin.

 

The Glackin report made findings critical of Mr Desmond.

 

When dealing with the matter of the awarding of the first mobile phone licence to Esat Digifone, as it related to Mr Lowry, the tribunal heard evidence from John Loughrey, secretary of Mr Lowry’s department at the time, who said he had read the Glackin report and was aware of its criticisms.

 

Arising out of the use by the tribunal of the Glackin report, Mr Desmond brought judicial review proceedings claiming the tribunal had not afforded him fair procedures. He argued the report was not relevant and that inadequate notice about the likelihood of witnesses being examined about it meant his ability to defend himself was compromised.

 

The High Court dismissed those proceedings saying the tribunal was entitled, if not obliged, to investigate how the evaluation team for the mobile phone licence was under the erroneous impression as to the true ownership of the consortium behind Esat.

 

The evaluation team was under the impression certain financial institutions owned part of Esat when Mr Desmond had actually acquired that particular interest just a month before the licence was issued in October 1995, the High Court noted in its judgment.

 

The tribunal therefore needed to investigate if Mr Desmond, or investment firm IIU, which was beneficially owned by him, had avoided the evaluation process, the court found. The tribunal had also to inquire into whether this was the result of any intervention by, or exertion of influence by, then minister Lowry, the court also said. The Supreme Court, on appeal in 2004, agreed with the High Court and dismissed Mr Desmond’s case.

 

Yesterday Ms Justice Dunne said there was “simply nothing” in Mr Desmond’s pleadings such as alleged fraud in the true sense so as to satisfy the requirement for setting aside the two courts’ judgments on grounds of fraud.

Link to post
Share on other sites

Guest Dutchy

I've never known a businessman that doesn't try it on when it comes to paying their fair share. It's just that they don't get caught very often as all the politicians that make our laws are at it as well.

 

Maybe now you'll understand whats been going on for the past 30 years or so???

 

Then again, maybe not. We need business to be succesful, our leaders tell us!

Link to post
Share on other sites

Meanwhile, when no-one's looking, Dermot Desmond is appearing at a Tax Evasion Tribunal.

http://wn.com/moriarty_tribunal?orderby=relevance&upload_time=today

 

Can anyone make out what's going on here?

 

Southern Irish Politics can be very confusing, what 'seems' to be happening at the moment re Judge Moriarty's tribunal is that people inc Desmond are trying to throw spanners into it by a number of methods.

 

I'll take my flash drive online tomorrow in the library and download various pieces and then (once I've figured it all out myself) will post a thread simplifying it all. It will probably be a bit long winded, but will certainly be better and much simpler than what I've been able to see with this blackberry.

 

I'll put on my mac, shove a cigar in my mouth, jump in my wee fucked up French car and try and disentangle it all!

Link to post
Share on other sites

Meanwhile, when no-one's looking, Dermot Desmond is appearing at a Tax Evasion Tribunal.

http://wn.com/moriarty_tribunal?orderby=relevance&upload_time=today

 

Can anyone make out what's going on here?

 

Southern Irish Politics can be very confusing, what 'seems' to be happening at the moment re Judge Moriarty's tribunal is that people inc Desmond are trying to throw spanners into it by a number of methods.

 

I'll take my flash drive online tomorrow in the library and download various pieces and then (once I've figured it all out myself) will post a thread simplifying it all. It will probably be a bit long winded, but will certainly be better and much simpler than what I've been able to see with this blackberry.

 

I'll put on my mac, shove a cigar in my mouth, jump in my wee fucked up French car and try and disentangle it all!

Link to post
Share on other sites

 

I totally agree with Herr Hoeness and just hope we are found not guilty in that big tax for tax avoidance. If we are then surely over time we can settle our other Tax issue. Have to say though Tax Avoidance is hardly a crime (if done properly - and it does appear from what D Murray and Campbell Ogilvie have said that we have) in the same bracket as the devious goings on in the Republic of Ireland.

 

Could on grab half hour in library but managed to download some stuff - plenty of bedtime reading! I've not managed to download any document re The Glackin Report of 1993. There are places to view it but I'm a pretty slow reader when it comes to legal data.

 

Can anyone provide a link to where I can download that Report please? Seems to be the starting point for unravelling all the goings on, but I aint gonna pay £7 for - I'm interested but not that interested! :-)

Link to post
Share on other sites

I totally agree with Herr Hoeness and just hope we are found not guilty in that big tax for tax avoidance. If we are then surely over time we can settle our other Tax issue. Have to say though Tax Avoidance is hardly a crime (if done properly - and it does appear from what D Murray and Campbell Ogilvie have said that we have) in the same bracket as the devious goings on in the Republic of Ireland.

 

Could on grab half hour in library but managed to download some stuff - plenty of bedtime reading! I've not managed to download any document re The Glackin Report of 1993. There are places to view it but I'm a pretty slow reader when it comes to legal data.

 

Can anyone provide a link to where I can download that Report please? Seems to be the starting point for unravelling all the goings on, but I aint gonna pay £7 for - I'm interested but not that interested! :-)

 

I came up with this but I guess you have seen it. http://thestory.ie/2011/09/12/interim-report-on-the-glackin-report/

Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Recently Browsing   0 members

    • No registered users viewing this page.


×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.