High Court told there is no bar on UL having new investigation into former president

Kerstin Mey. Pic Sean Curtin True Media.

Lawyers for the University of Limerick (UL) have told the High Court that there is no bar on the college looking into any new investigation of their former president, who was previously alleged to have misled a Government finance committee over a multi-million euro land deal.

Lawyers for Kerstin Mey have argued that an allegation that she misled the Dáil Public Accounts Committee (PAC) cannot be re-visited as she has already been vindicated by one investigation and the parties have reached a settlement agreement.

Responding to the submissions made on behalf of the professor, lawyers acting for the university on Thursday submitted that no 'absolute relief' had been offered to Ms Mey following the previous investigation and that the university is entitled to consider evidence as it emerges. 

They also rejected a suggestion that the re-investigation was a "pre-text" for disciplinary action and insisted the university is acting in good faith.

Ms Mey has applied for a High Court injunction to prevent a new investigation relating to a €12.5m property purchase by the university during her presidency.

Ms Mey, now a UL professor of 'visual culture', resigned as president in 2024 as part of a settlement agreement, after she was threatened with disciplinary action over due diligence and adherence to policies during the purchase in 2022 of a 20-house development at Rhebogue, Co Limerick.

The property was to be rented to 80 post-graduate and research students.

The university paid some €12.5m for the development, which was valued for the Comptroller and Auditor General a year later at €6.5m, with an "in-use" value put at €7.4m.

Ms Mey told the PAC in May 2023 that an issue arose around why UL's chief corporate officer (CCO), Andrew Flaherty, was not in attendance before the PAC, even though he stayed the night before in the same hotel as the delegation, had dinner with them paid for by the university, and he also allegedly claimed travelling expenses to Dublin.

It later emerged that he was also allegedly texting the delegation during the PAC meeting and two conflicting accounts for his non-attendance were submitted, leading to the launch of a re-investigation of the matter.

In August 2023, Caroline Jenkinson was appointed by a Special Disclosures Group at the university following a protected disclosure to the Minister for Further and Higher Education.

Ms Jenkinson was to investigate the circumstances surrounding the appointment of Mr Flaherty as CCO and the reply given to the PAC about why he had not been in attendance at the May 18, 2023, meeting.

Marcus Dowling, appearing with Christopher McMahon, for Ms Mey, has told Ms Justice Marguerite Bolger that the matter could not be re-investigated as a settlement was already signed and agreed upon between Ms Mey and UL and that his client had been "vindicated in the strongest terms" of any wrongdoing by the first investigation.

At the High Court on Thursday, Brian Kennedy, appearing with Anna Shanley, for UL said there was a clause in the settlement agreement to allow UL to investigate any new evidence that may arise, which would then be submitted to Ms Mey for her own consideration before any action was taken in terms of possible disciplinary meetings.

Counsel said: "There is no presumption that a settlement is supposed to be a comprehensive one" and that any emerging evidence was within UL's right to consider, in terms of any possible disciplinary meeting with Ms Mey.

Mr Kennedy said that there was no risk of UL proceeding to any "immediate" disciplinary meeting without evidence and that no such evidence had been discovered.

He said UL was acting in "good faith" in its re-investigation of the matter and that this process was not a "pre-text" for a disciplinary action, as claimed by the plaintiff's side.

"There was not some blanket, or absolute relief, given to Ms Mey," he said.

After mediation between Ms Mey and the university, a settlement was agreed whereby she would resign her presidency from August 31, 2024.

She was then to move to a new €175,000 a year post as professor of 'visual culture'.

She has taken legal proceedings seeking to prevent the university from bringing new possible disciplinary proceedings in connection with any allegation that she possibly misled the PAC.

Ms Justice Bolger reserved her judgment in what she described as an "urgent" matter.