The Director of Corporate Enforcement, Paul Appleby, has applied for a High Court order disqualifying a retired former senior manager with National Irish Bank from involvement in the management of any company on grounds of unfitness.
The hearing of the director's proceedings against Dermott Boner, Chesterfield Avenue, Castleknock, Dublin, opened yesterday before Mr Justice Roderick Murphy and is expected to last a number of days.
In opposing the application, Mr Boner has disputed aspects of the findings of the inspectors into the affairs of NIB insofar as they apportion responsibility to him for certain improper practices at the bank in the 1990s.
The application is one of nine brought by the director against various NIB executives and managers on the basis of the July 2004 report of inspectors Tom Grace and John Blayney which made serious findings of improper practices in NIB and National Irish Bank Financial Services Ltd (NIBFS).
The inspectors concluded such practices facilitated tax evasion and the levying of unwarranted fees and interest charges, and that senior management within NIB were aware of but failed to take appropriate or adequate action to stop such practices.
The disqualification proceedings, under Section 160 of the Companies Act 1990, have been taken against Jim Lacey, Pine Haven, Grove House Gardens, Blackrock, Co Dublin; Barry Seymour, Beaumond, Amersham, Bucks, England; Kevin Curran, Avondale Court, Blackrock, Co Dublin; Michael Keane, Corr Castle, Howth, Co Dublin; Frank Brennan, Ardglass, Dundrum, Dublin; Tom McMenamin, College Grove, Castleknock, Dublin; Patrick Byrne, St Helen's Road, Booterstown, Co Dublin, and Nigel D'Arcy, of Castledillon, Straffan, Co Kildare.
Mr D'Arcy consented to a disqualification order in his case and was disqualified for 10 years.
The remaining eight have all separately opposed the applications.
Mr Seymour, a former executive director of NIB from April 1994 to July 1996, was last year disqualified for nine years for "lack of a proper standard of conduct" relating to the bank's affairs.
In the case of Mr Curran, a retired regional manager with NIB, Mr Justice Murphy ruled earlier this year that it would be "inappropriate" to make a disqualification order.
The proceedings against Mr Brennan concluded yesterday and Mr Justice Murphy reserved judgment.
The inspectors had found Mr Boner - who held senior management posts between 1990 and 1993 - had culpability in relation to five of six areas identified in the inspectors's report as giving rise to criticism of the bank, including the operation of bogus non-resident accounts and the improper charging of interest and fees.
