Michael Smurfit not required to attend K Club case in High Court

By Ann O’Loughlin

Millionaire businessman Dr Michael Smurfit is no longer required to attend at the Four Courts to give evidence in the case of a former K Club manager who has sued alleging he was threatened at Punchestown Races.

High Court Judge Mr Justice Anthony Barr today discharged a subpoena which had been issued last July requiring the businessman, who lives in Monaco, to attend the case.

The move came after counsel for former K Club manager Peter Curran confirmed to the court that Mr Smurfit was no longer on their list of witnesses to call in the ongoing case.

Maura McNally SC confirmed to the court what was in correspondence between the parties that Mr Smurfit was not now going to be called by the Curran side.

Mr Justice Barr said the court had expected an application to be made by Mr Smurfit’s side for Mr Smurfit to give evidence by video link from Monaco, but that was not now the case. The judge discharged the subpoena issued last July.

After the subpoena had been issued Dr Smurfit had, because of a hip operation, been excused from attending the High Court last July and the matter had been adjourned to this week.

Last July, a medical certificate was handed into court from Dr Smurfit’s doctor in Monaco, where the 82-year-old was recovering from a hip replacement operation and doctors believed he would not be mobile until the end of August.

It also stated a complication arose when Dr Smurfit’s femur fractured and he required further surgery.

Today is the tenth day of the action taken by former K Club catering manager Peter Curran who has sued Dr Smurfit along with the exclusive five star K Club resort and a resort Superintendent, Gerry Byrne.

Peter Curran of Cahirciveen, Co Kerry, has claimed on May 7, 2011, his way was blocked in the toilets at Punchestown Races and Mr Gerry Byrne allegedly said "Dr Smurfit has not forgotten the statements about him and the call girls. Dr Smurfit knows where to find you and this is not over."

The defendants have denied all claims.

Mr Curran was catering manager at the K Club between September 1997 and October 1998 when he claims he was forced to leave and later brought an unfair dismissal case which was settled in March 1999.

Mr Curran later brought High Court proceedings claiming alleged breach to his constitutional right to his good name and to earn a livelihood.

During the run-up to that case, in replies to written questions and particulars relating to alleged financial irregularities he had allegedly uncovered at the K Club, Mr Curran made reference to call girls, sometimes sourced abroad, were given free use of the hotel facilities at the K Club.

Those High Court proceedings were settled in 2008 and it is claimed it was an implied term of the agreement Mr Curran would not be threatened, harassed or intimidated in any manner.

The case before Mr Justice Anthony Barr continues.