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Fianna Fail developer tells Judge Kelly “I refuse to answer that question” when asked if he was provided with a loan

August 21, 2012 by namawinelake

“Mr. Beades appeared to have no hesitation in making allegations, including allegations of criminal wrongdoing, against parties not before the Court. He persisted in those allegations despite evidence demonstrating that they were simply wrong. Many of these allegations had nothing to do with any substantive defence to the case which Mr. Beades might have. He appeared to be of the view that he was at liberty to make such allegations of wrongdoing, not merely against the Bank, but against non-parties to this case with little or nothing by way of evidence to support his wide-ranging criticism.” Judge Kelly in High Court judgment in July 2012

It’s slightly uncomfortable to make reference to a political party in this blogpost, but the developer in question, Jerry Beades was until recently on Fianna Fail’s Ard Comhairle (National Executive) and is a “close friend” of Bertie Ahern, which makes the party-affiliation noteworthy. Jerry was on the receiving end of a Mr Justice Peter Kelly Kelly judgment in July 2012 which has just now been published online. The case involved Bank of Scotland pursuing Jerry for nearly €10m lent for property development, and during the course of the hearing, Judge Kelly asked what you might have thought was a straightforward question – if Jerry had received the monies at issue from Bank of Scotland – and the response was “I refuse to answer that question”.

Jerry – pictured here – who seems to have two home addresses these days, one at 30, Richmond Avenue, Fairview, Dublin 3 and the other in Northern Ireland at Stoneyford Road, Lisburn, County Antrim, failed in his bid to stop Bank of Scotland securing a summary judgment from Judge Kelly in respect of €9.7m.

The judgment is also noteworthy for allegations by Jerry of bias on the part of Judge Kelly evidenced, said Jerry, by “comments and actions” at two previous hearings – one of which Jerry didn’t attend but he was told about the “comments and actions” by “people who were”! Judge Kelly was having none of it and pointed out that no evidence of bias was produced by Jerry, and that in any event Jerry had been granted discretionary extensions on time to file affidavits, hardly the acts of a biased judge.

Jerry also alleged criminal behaviour on the part of a practising solicitor at A&L Goodbody, and against Bank of Scotland/Certus employees. But when presented with evidence which contradicted his allegations, the judgment states “one might have thought that in the light of this evidence, Mr. Beades would withdraw his allegations against Ms. Wrightson and Mr. Sheehy. On the contrary, he persisted in them. Indeed, he went further. Without a shred of evidence, he alleged that Ms. Wrightson’s affidavit had not been sworn in London at all. He alleged that Mr. Sheehy was not entitled to take the affidavit because he was not a solicitor registered with the English Law Society. He attempted to implicate Mr. Sheehy’s employers, A& L Goodbody, in wrongdoing.” Again, the no-nonsense Judge Kelly was having none of it.

Summary judgment of €9.7m was awarded against Jerry.

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Posted in Banks, Developers, Politics | 5 Comments

5 Responses

  1. on August 21, 2012 at 3:16 pm Garfunkel

    I have to sympathize with him, something I’ll be alone in…

    But Kelly has consistently taken the side of the Banks in these cases…

    He does not allow for extenuating circumstances or otherwise. He sticks to the letter rather than the spirit of the law.

    He wishes to return the developers from whence they came…preferably ruined!


  2. on August 21, 2012 at 9:20 pm Robert Browne

    As a member of the FF National Executive, he is unlikely, very unlikely, to elicit much sympathy. In fact, he should be putting his hands up and taking the medicine! What I would like to see is Gerry taking aim at his former colleagues and not judge Kelly.


  3. on August 23, 2012 at 1:58 am Gerhard Dengler

    Beades was involved in a successful legal action against ACC bank a few years back?


  4. on August 25, 2012 at 6:44 pm Robert Falcon Scott

    Jerry has also been critical of Tom Parlon’s lacklustre leadership of CIF, so he’s not all bad:

    “A SERIOUS row that erupted at a meeting of the board of the Construction Industry Federation (CIF) last week was related to the administration of the employers’ body’s pension scheme, the Sunday Independent has learned.”

    http://quirkeproperty.blogspot.ie/2012/01/parlon-hits-out-at-allegations-on.html

    “The allegations, made by Jerry Beades, include that around €30m from the CIF pension scheme is controlled by senior CIF and trade union officials unknown to the membership of the CIF and employees who make contributions.”

    http://www.publicinquiry.eu/2012/01/15/construction-industry-federation-dg-tom-parlon-blusters-but-doesnt-explain/

    “The part of the Construction Industry Federation (CIF) that represents some of the biggest general contractors in the state is examining allegations over how millions of euros of contributions to the €1 billion pension scheme for construction workers is allocated.”

    http://journalisted.com/article/39fzm


  5. on August 29, 2012 at 9:55 am Berties's pal in a spot of bother!!!! - Page 3

    [...] like things just keep getting worse for poor Jerry: NAMA Wine Lake: FF Developer tells Judge Peter Kelly 'I refuse to answer that question' Summary judgment for E9.7m to KBC Bank. Honours students will recall that Mr Beades was appointed [...]



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