Covid-19 symptoms prevent former car dealer from attending contempt hearing

A former Longford car dealer could not attend the High Court to deal with allegations of contempt because he had developed Covid-19 symptoms, Mr Justice Michael McGrath was told Tuesday.

Gary McCarthy SC, counsel for a Revenue-appointed receiver, told the judge an e-mail had been received in which John Alex Kane claimed to have developed Covid-19 symptoms and had to have a medical test at lunchtime yesterday.

Mr McCarthy said that in the circumstances facing the court a hearing listed for today could not go ahead and he asked Judge Mc Grath to relist the hearing for the earliest possible date as there was a great degree of urgency with regard to it.

He said the result of the test should be known within the next 48 hours and if it proved negative a new hearing should be listed urgently. He said Revenue was sceptical with regard to the truth of the matter.

Following inquiries by the court registrar with regard to a new date, Judge McGrath said the trial would have to be adjourned to the next jury list on October 12th.

Revenue had obtained a €4.9 million judgment against Kane, the former head of Kanes of Granard, Longford, in its bid to recover unpaid taxes relating to the sale of cars.

John Kirby, of Kirby Healy Chartered Accountants, had been appointed receiver over a number of properties which he wanted to sell in order to meet the 2009 judgment.

The alleged contempt arises from an incident last June at Kanes vacant car showrooms at Granard. The court had heard Kane had been seen near the showrooms and the lock on the door was later found to have been forced.

Kane denies the allegations and that they breach undertakings previously given by him not to interfere with the work of the receiver. The civil contempt case had earlier come before Judge McGrath when Kane argued that it should not go ahead before a criminal matter listed before the District Court next month.

Judge McGrath had rejected Kane’s argument that he faced “double jeopardy” if the contempt case went ahead first but the High Court rejected his argument and put the case down for hearing today Tuesday.

Revenue had opposed the double jeopardy claim on the basis it was a delaying tactic by Kane. Judge McGrath said that as a result of the Covid-19 development the best that could now be achieved was to adjourn the matter until October 12th.