Former National Irish Bank chief executive Jim Lacey is fully resisting an application by the Director of Corporate Enforcement for a court order disqualifying him from involvement in the management of any company on grounds of unfitness, the High Court heard yesterday.
Mr Justice Roderick Murphy was told that Mr Lacey accepts, given an earlier court decision, that he cannot resist an application for his cross-examination at the disqualification hearing, which is expected to last several weeks and for which a date has yet to be fixed.
However, Mr Lacey is contending he is entitled to cross-examine an officer with the Office of the Director of Corporate Enforcement, Dick O'Rafferty, who has sworn affidavits on behalf of the director.
Declan McGrath, for Mr Lacey, said Mr O'Rafferty's affidavits seek to go beyond the findings of the report of the NIB inspectors who investigated the NIB tax evasion scandal of the 1990s. The affidavits also contained inadmissible argument and hearsay, counsel said.
Opposing the application to cross-examine Mr O'Rafferty, Mr Maurice Collins SC said the director contended the inspectors' findings about Mr Lacey were "sound", but neither the director nor Mr O'Rafferty were seeking to go beyond those findings.
The director claims it is clear from the inspectors' report that Mr Lacey failed to uphold or implement proper standards of corporate and banking behaviour during his period as chief executive of NIB from 1988 to 1994.
The judge heard Mr Lacey has filed affidavits in which he totally rejects the findings of the inspectors in relation to himself.
The hearing continues today.