The US trade embargo against Cuba figured in a court case in Cork yesterday when a man unsuccessfully sued the Bank of Ireland for not sending him money there, leaving him penniless and forced to sleep on a beach.
Sergio Espigule Jorda had sued Bank of Ireland for negligence, claiming it had failed to forward him money after he had asked a friend to direct the bank to forward him $1,600 (€1,235) so that he and his girlfriend could extend their stay on the Caribbean island.
Mr Jorda, from Rosscahill, Co Galway, told Cork Circuit Court that he had gone on holidays with his girlfriend in February 2002, but that he did not want to bring a lot of cash with him as they were cycling around the island and he was not sure whether they would stay one month or two.
They liked Cuba so much they decided to stay for a second month, so when he was down to his last $500, he contacted his friend, Michael O'Sulllivan, in Ireland to collect some money he had left at his home and send it to them in Cuba.
Mr O'Sullivan was unable to send the money by Western Union because of the US trade embargo with Cuba. Instead, he went to Bank of Ireland to deposit the money to Mr Jorda's account and, after receiving a letter of authorisation from Mr Jorda, to send it to him via the bank. Mr Jorda said that he never got the money and ended up having to sleep on the beach with his girlfriend until a local guesthouse owner took pity on them and gave them lodgings on the understanding they would pay when they got cash.
Mr O'Sullivan told how he deposited money to Mr Jorda's account at Bank of Ireland shortly after receiving the authorisation. Some time later, however, the bank told him there were difficulties and he took back the money while considering what to do.
Mr O'Sullivan couldn't recall the exact dates, but he remembered going to the bank the day after receiving a DHL-couriered note from Mr Jorda giving him the letter of authorisation. He also recalled getting a message from the bank telling him that the DHL note was dated March 1st. He said he didn't send the money from the bank until March 19th. The money was sent to Bank of Ireland's international division in Dublin for forwarding to Chase Manhattan bank in New York.
Bank official Maria Corcoran said she advised Mr O'Sullivan on March 19th there may have been difficulties because of the US trade embargo with Cuba. She said that two days later when the money was returned, she left a message for Mr O'Sullivan but he didn't come back to the bank until March 28th.
Judge Seán O Donnabhain said that the plaintiff's case suffered from a lack of clarity regarding the dates and sequence of events. He dismissed the claim with no order on costs.
