An argument broke out during a hearing in the High Court case taken by bloodstock billionaire John Magnier over a failed property deal for a Co Tipperary estate.
On Thursday, the defence claimed a member, or members, of the public gallery were attempting to communicate with a witness under cross-examination by nodding to him on certain answers.
The case centres on Mr Magnier’s claim that a US-based construction magnate, Maurice Regan, the preferred buyer, engaged in a “full-frontal assault” on Mr Magnier’s claimed deal to buy the 751-acre estate.
Coolmore Stud founder Mr Magnier claims Barne Estate reneged on the alleged deal, preferring to sell at the higher price of €22.25 million to Mr Regan, founder of New York building firm JT Magen.
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The Magniers say the deal was struck at Mr Magnier’s Coolmore home on August 22nd, 2023.
They also claim an exclusivity agreement in effect from August 31st to September 30th stipulated the estate would not permit its representatives to solicit or encourage any expression of interest, inquiry or offer on the property from anyone other than Mr Magnier.
Barne Estate has been held for the benefit of Richard Thomson-Moore and others by a Jersey trust. The Magnier side has sued the Barne Estate, Mr Thomson-Moore and three companies of IQEQ (Jersey) Ltd group, seeking to enforce the purported deal, which they say had been “unequivocally” agreed.
Barne says there was never any such agreement as they needed the consent of the trustees to finalise any agreement and they subsequently preferred to sell to Mr Regan.
Mr Regan is not a party to the case.
The nodding in court claim was made on Thursday by Martin Hayden SC, for Barne Estate, while his colleague Niall F Buckley SC, was conducting the cross-examination of a financial manager at Coolmore, Tim Gleeson.
Mr Gleeson was giving evidence on communications timelines, statements and meetings surrounding the failed deal.
Mr Hayden apologised for interrupting the cross-examination and claimed that he had been informed by a note from his legal team that a member or members of the gallery had been nodding at the witness.
Mr Hayden gestured towards the Magnier side and told Mr Justice Max Barrett that he was asking individuals “on the Coolmore side to stop making head gestures” in relation to questions asked of Mr Gleeson.
“It has happened on four occasions now in relation to particular questions asked and head gestures are being made by certain individuals in the gallery,” said Mr Hayden.
Mr Gleeson said he did not see any gestures and that he was following documents from the witness box and facing the judge when answering questions over his witness statement.
Paul Gallagher SC, for the Coolmore side, said he did not accept the assertion made by Mr Hayden.
About 10 minutes later, Mr Hayden rose again to tell the judge “it is occurring again”.
“They are giving indications of what the answers should be – that’s unacceptable”.
Mr Gallagher said it was “an outrageous statement to make – it’s not true”.
“I know Mr Gallagher is all-powerful but I don’t think he has eyes in the back of his head, I’m not sure he can see what is going on,” said Mr Hayden.
Mr Justice Barrett asked all present to refrain from any nodding upon hearing responses given by the witness.
Moments later, Mr Gallagher said a member of the defence’s legal team was now staring at the gallery where the Coolmore side were sitting at the rear of the court, which he considered “highly inappropriate”.
Mr Hayden said it was appropriate the defence made sure the claimed behaviour did not happen again.
Jerome Casey, a senior member of staff at Coolmore who fronts property deals for Mr Magnier, told Caren Geoghegan SC, for the Magniers, “we are honourable people” who would not go back on an agreed deal.
Mr Casey said the exclusivity agreement was put in place because contracts for the estate had not been issued immediately to Coolmore by the vendors’ solicitors and that by late August he was made aware that Mr Regan was “not happy” about the purported sale of the land to the Magniers.
Mr Hayden asked Mr Casey if the main reason for the exclusivity agreement was Mr Regan’s interest and was told “very much so”.
The case continues before Mr Justice Barrett.
