A former property developer, who faked his own kidnapping, could be jailed for contempt of a court order directing him to provide full details of his assets.
Caoimhin McGeever, otherwise known as Kevin McGeever, was alleged in the High Court on Tuesday to have failed to provide a truthful and accurate statement of means in response to efforts by businessman James Byrne to recover a judgment of €1.18 million obtained against him.
Mr McGeever, who the court was told, “swindled” Mr Byrne out of his money, has opposed the application.
Mr Byrne obtained judgment against Mr McGeever and his company over a failed deal regarding the purchase of several apartments in Dubai which had been sold to Mr Byrne by Mr McGeever's company, KMM Intel Properties.
As part of Mr Byrne’s attempts to recover the monies Mr McGeever, with an address at Clontarf, Dublin 3, had earlier been cross-examined before the Master of the High Court about his affairs as set out in his sworn statement.
It is claimed Mr McGeever did not set out his property interests in the statement as he is required to do. These included an alleged interest in a mansion called “Nirvana” in Craughwell, Co Galway.
Perjured
Mr McGeever claims “Nirvana” is owned by a Belize-registered company called Universal Assets Ltd and is held in trust for his two daughters Shanelle and Renee. It is also alleged that Mr McGeever perjured himself in his sworn statement.
Mr Byrne claims his efforts to recover the monies have been seriously impaired by Mr McGeever’s alleged failure to provide a full and frank statement of affairs.
An application seeking Mr McGeever's committal to prison came before Mr Justice Donald Binchy in July when the Judge adjourned the proceedings so certain steps could be taken on Mr McGeever's behalf.
The matter was in for a review before Mr Justice Anthony Barr on Tuesday. Barrister Gary McCarthy SC, counsel for Mr Byrne, told Judge Barr his client was "swindled out of his life savings by Mr McGeever".
Mr McCarthy said Mr McGeever could not be trusted and he had done nothing since the matter was before Judge Binchy. Information and documentation concerning the deed of trust in relation to “Nirvana” had been sought but had not been provided.
Counsel said Mr McGeever pleaded guilty before Galway Circuit Court last April and had received a two years suspended sentence for wasting garda time.
He had claimed he was kidnapped by creditors who held him for eight months before he turned up on a roadside and was picked up by a passing motorist.
Objection
Séamas Ó Tuathail SC, counsel for Mr McGeever, objected to the use of the word swindled. He said their case was that it was an investment that had gone wrong. Certain steps had been taken on Mr McGeever’s behalf including attempts to secure the information concerning “Nirvana”.
Mr Ó Tuathail said steps were also being taken in respect of the will of Siobhán O’Callaghan, the late partner of Mr McGeever. She had died in 2013 leaving him three properties in Dublin. The will was the subject of other proceedings before the High Court, the court heard.
Mr Justice Barr adjourned the matter to a date in early October before Mr Justice Binchy. The judge said he accepted that certain steps had been carried out on Mr McGeever’s behalf and he directed that a further sworn statement updating the court should be provided by the October date.