The wife of a man who was jailed for eight years for the rape of a woman in a Dublin hotel is seeking a High Court order preventing him from allegedly unlawfully taking control of the company in which they are both shareholders.
Fiona Brett claims Dermot Brett, who is sole director and 80 per cent shareholder in Pharmafoods Ltd in Clonmel, Co Tipperary, is acting, from his prison cell, in a manner oppressive to her as 20 per cent shareholder in the firm.
Brett (57), of Sweet Auburn, Carrickbeg, Carrick-on-Suir, Co Tipperary, was jailed last November at the Central Criminal Court on one count of rape at the InterContinental Hotel on January 11th, 2019.
He had pleaded not guilty and the victim consented to him being named following his conviction by a jury.
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Ms Brett claims his conviction and subsequent naming in the press had a devastating impact on the business, resulting in the loss of all key customers and suppliers. Ms Brett said in an affidavit that the company has been the primary source of income for the family since its incorporation in 1996.
Last February, she said she received correspondence from her husband’s then solicitors alleging various acts of misconduct and proposing to take control of the company by appointing a person with power of attorney.
Her solicitors raised concerns as to the suitability of that person who she said has had a number of judgments registered against him with restrictions from acting as a company director up to 2018.
When this was pointed out to his lawyers, he did not proceed with his attempt to take control following the letter from his lawyers last February.
In March, a new firm of solicitors acting for her husband wrote stating an extraordinary general meeting of the company was to take place at which it was proposed to appoint Dermot Brett’s brother, Thomas, and sister Lillian as directors. Despite correspondence from her solicitors, she said his solicitors insisted the egm would go ahead.
She believes the primary motivation for appointing his brother and sister is to dissipate the assets and reserves of the company, which, she said, are significant.
On Wednesday, her lawyers applied to the High Court, on an ex parte basis, seeking permission to bring shareholder oppression proceedings against him. Mr Justice Brian Cregan granted counsel permission to serve the proceedings at short notice on the respondent and said the case could come back next week.
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