An investigation into allegations made against both the chief executive of Shannon Foynes Port Company (SFPC)and a non-executive director of the company is "manifestly unfair", has gone "off the rails" and should be stopped, the High Court was told yesterday.

Neither Brian Byrne, who has been suspended as chief executive by the company since last October, nor Morgan Leahy, a non-executive director, have any faith in the investigation committee, Paul Gardiner SC, for both men, said.

They have refuted as "totally untrue" allegations made against them by Brian Cosgrave, a Limerick Port service provider. In an affidavit, Mr Byrne said the allegations were part of an attempt by property developer John Hegarty and a "disgruntled" Mr Cosgrave to "derail" the Limerick Docklands Initiative. The court was told yesterday that, at a meeting in the Limerick offices of Holmes O'Malley Sexton Solicitors on August 26th/27th last, attended by Mr Hegarty, Mr Cosgrave and others connected to the SFPC, Mr Cosgrave made allegations against Mr Byrne and Mr Leahy.

Mr Byrne said in his affidavit the claims were to the effect that he and Mr Leahy had abused their positions to secure personal gain, had orchestrated a vendetta against Mr Cosgrave and had treated him unfairly. Those claims were totally untrue and completely malicious, he said.

Following Mr Cosgrave's claims, the company established an investigation committee.

Mr Byrne and Mr Leahy say they were prepared to work with the committee until, they claim, they learned it acted in breach of fair procedures and was not independent of the port company in relation to its dealings with them. The case continues today.