O’Donnell claims ‘omerta over missing millions’

Retired solicitor Brian O’Donnell claims there has been a code of silence by a bank-appointed receiver over what has happened to millions of euro from his now bankrupt estate.

Mr O’Donnell, who also represents his wife Dr Mary Patricia in proceedings, says there has been “an omerta where we have been unable to get information from receiver Tom Kavanagh for five years”.

Mr Kavanagh was appointed receiver over the O’Donnell assets by Bank of Ireland which in 2011 obtained a €71.5m judgment against the couple for mainly property-related debts.

Mr O’Donnell, in his latest High Court application, is seeking orders that Mr Kavanagh provide him and his wife with sufficient information to enable them to comply with their legal obligations to provide a statement of affairs to the court-appointed official overseeing their bankruptcy, the official assignee Chris Lehane.

The official assignee, the receiver and Bank of Ireland, denied Mr O’Donnell’s claims and said the bankruptcy process is not proceeding as it should because of the obstructive approach of the O’Donnells. They say all assets and liabilities will be accounted for as part of the bankruptcy process.

Ms Justice Caroline Costello said she will give a decision on the matter later.

The judge also refused an application that she not hear the matter further because of a perception of objective bias