Judge criticises ‘stalling’ defence

A JUDGE has described as a “typical stalling-type defence” that advanced by Fianna Fáil Cllr Gerard Killally and Richard Connor, manager of the Offaly senior GAA football team, against allegations they made “secret profits” of several million euro from land deals in Co Offaly.

Mr Justice Peter Kelly said yesterday the defence submitted on behalf of the two men was “not in acceptable form” for Commercial Court proceedings. He said the defence involved a traverse — blanket denial — of all the claims against them. This was a “typical stalling-type defence” and he would not let the case advance on that basis.

He directed that a procedure involving sworn answers to specific questions be followed. When those answers were received, the issues and the “true defence” would be much clearer and the parties would also be able to see what discovery was required. Mr Justice Kelly adjourned proceedings for five weeks.

Three businessmen, Adrian Daly, Racefield House, Cappincur, Tullamore; Declan Guing, Carrick Road, Edenderry, and Frank Lawlor, Clonmullen Lodge, Edenderry, initiated the action over partnerships formed between various combinations of the sides to acquire lands and deal in lands and are seeking damages.