Developer Seán Dunne has strongly disputed claims that there was a “secret panel” in a bookshelf wall of a K Club house where valuable artwork may have been stored before the property was searched by the official dealing with his bankruptcy.
Mr Dunne insists there was no “false wall” in the Churchfield development house and contends the area in question, accessed from under the stairs, is a storage unit in which the sound system is located.
He also denies being the owner of a safe found in an upstairs bedroom which contained what searchers believed may be the keys to another safe in the house.
Mr Dunne, an adjudicated bankrupt both in Ireland and the US, is asking the High Court to set aside a warrant granted last November to the official in charge of his Irish bankruptcy, Chris Lehane, permitting a search of the house at the K Club, Straffan, Co Kildare. Various items, including artworks, were seized.
Warrant
The warrant was issued at a private High Court hearing at which only Mr Lehane was represented. Mr Dunne claims it is legally defective and based on hearsay evidence. He wants orders permitting Mr Lehane be cross-examined over the search warrant. Mr Dunne claims that would show Mr Lehane's claims are groundless.
In an affidavit sworn in Paris last weekend, Mr Dunne denies claims by Mr Lehane that several pieces of artwork had already been removed from Churchfield and there were plans to transport more to the US.
Video-link
Mr Dunne is willing to give evidence as part of his challenge via video-link from the US, the court heard. He says he is not the owner of Churchfield but the property is held in trust for his children by an Isle of Man registered company, Traviata.
He does not wish to travel to Ireland to give evidence because of the expense and inconvenience involved, his counsel, Bill Shipsey SC, said yesterday. Mr Justice Brian McGovern agreed unneccessary expense should be avoided but noted Mr Dunne and his wife, Gayle Dunne, had sworn affidavits in Paris last weekend. It was clear the Dunnes travel here from time to time, he said.
Mr Lehane is opposing what he contends would be a “roving” cross-examination. While available for cross-examination if the court directs, he argues that would not elucidate the challenge to the warrant. He says no issue arises about the ownership of the property and any dispute over its contents lies between himself, Mrs Dunne and the Traviata trust.
