Courts / Westmeath / Report
Subpoena for Central Bank governor in property case an 'abuse of process', judge finds
Summary
In a High Court hearing on 25 January 2024, Mr Justice Mark Sanfey set aside a subpoena that had been issued by Paul Coyle to compel Gabriel Makhlouf, Governor of the Central Bank of Ireland, to give evidence in a property dispute brought by Ken Fennell, James Anderson and Start Mortgages. The judge found the subpoena to be flawed, lacking a clear statement of the party requesting the evidence and the documents to be produced, and concluded it was an abuse of process. The Central Bank is not a party to the case, which seeks an injunction to vacate a property in Mullingar. The subpoena was described as a "fishing expedition" and a nullity. The application to set it aside was made by Shelly Horan BL for the bank, and Mr Coyle was not present at the hearing, being in the United States. The defendants did not object to the application.
Who, what, where, when and why
What: Report matter: Subpoena for Central Bank governor in property case an 'abuse of process', judge finds. Procedural stage: hearing_or_decision
When:
- June 2023 Hearing Or Sentence
- 2024-01-25 Publication
Why: The judge found that the subpoena document itself was flawed because it did not state which party wanted Mr Makhlouf to give evidence, nor did it state precisely which documents the governor or any nominated Central Bank witness should bring to court. CNI source report
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