Bóthar seeks to add late founder's estate to misappropriation of funds case

Former Bóthar CEO David Moloney claims he spent the cash on family holidays and gave some of the misappropriated money to the charity's late founder Peter Ireton

David Moloney has admitted misappropriating large amounts of monies donated to the charity for his personal use. File photo

Charity Bóthar wants to join the estate of its late founder Peter Ireton as a co-defendant to High Court proceedings it has taken against its former CEO David Moloney.

Earlier this year Bóthar, whose activities include aiding poor farmers in developing nations through donations of livestock, launched proceedings against Mr Moloney, who they claim misappropriated the charity's monies for his own use.

As part of its action, where it seeks to recoup the monies taken, Bóthar also secured freezing orders preventing the former CEO from reducing his assets below a value of €1.1m.

Mr Moloney has admitted misappropriating large amounts of monies donated to the charity for his personal use.

In a sworn statement to the court, he said he spent the cash on items - including family holidays and on his friends - but never lodged the monies in the bank nor kept any of the cash taken.

He also claims that much of what was misappropriated was paid to others, including to Peter Ireton, who died following what has been described as a personal tragedy at his home in Limerick last April.

His death came days after Bóthar's High Court action against Mr Moloney began.

When the matter returned before Mr Justice Senan Allen today, Frank Crean Bl for Bóthar said that arising out of further investigations his client wants to formally add the estate of the late Mr Ireton as a co-defendant to its action.

Counsel said it had not been possible to formally bring the motion before today's sitting of the court, but can be heard at a later date.

After considering the matter Mr Justice Allen said that this motion can be heard in October, after the courts return from their summer recess.

The court also agreed to defer any decision formally making Mr Moloney's wife Olive, against whom no allegations of wrongdoing have been made by Bóthar, as a notice party to the proceedings.

Previously the court heard that Mr Moloney, who represents himself in the proceedings, said he was deeply sorry, embarrassed and appalled for the damage he has caused.

The admissions came after Bothar secured a High Court injunction freezing the assets of Mr Moloney, who resigned his post as the organisation's CEO in February.

Mr Moloney of Clino, Newport, Co Tipperary, worked with Bóthar since 1995, and was its CEO for eight years.

Bóthar claims in its proceedings that an ongoing investigation into his conduct has revealed that he is "guilty of an egregious breach of trust and an appalling dereliction of his duty to Bóthar and the beneficiaries of its charitable objects".

The charity's board previously told the court that it had decided to suspend its fundraising activities after it discovered that large amounts of money had been misappropriated.