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Dutch man (43) is charged with cash laundering

A Dutch man with an address in Andorra has been remanded in custody following his arrest for money laundering at an upmarket Dublin 4 office block.

He was arrested on Thursday by the Garda National Drugs and Organised Crime Bureau (GNDOCB). Some €200,000 was allegedly seized.

Follow-up searches were carried out at a premises in the Dublin 4 area. An additional significant quantity of cash and a number of gold bars were seized.

Harm Stachouwer (43), of Sant Antony Avenue in Andorra, was charged at Irishtown Garda Station yesterday.

He was then taken to appear before Judge John O’Leary at the evening sitting of Dublin District Court.

He was charged under Section 7 of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 for having €200,000 in crime proceeds at Connaught House on Burlington Road.

There has been no indication as to how he will plead, and Mr Stachouwer was remanded in custody to appear next Thursday.

Irish Independent

A High Court judge has approved a €70,000 settlement for a young girl who fell on an allegedly potholed and “patched” laneway near her home in Edgeworthstown, Co Longford. The settlement was made to Kristen Liddy against Longford County Council as a result of the accident which occurred in May 2010 when Ms Liddy, then aged almost seven, was crossing a laneway between her home at Devine Crescent and the fire station in Edgeworthstown. It was claimed Ms Liddy tripped and fell forward onto her face, chipping her front teeth and suffering cuts to her right check, right upper eyebrow and left knee. She later had the affected teeth capped and has been left with some minor scarring.

Through her father Frank, Ms Liddy, now aged 16, of Devine Crescent, Edgeworthstown, sued the council as a result of the accident.

On Monday, her counsel applied to Mr Justice Garrett Simons to approve a €70,000 offer by the council to settle the case. The €70,000 comprised €64,112 general damages with the rest for special damages and was very close to the full value of the case, he said.

Reports provided to the judge, who inspected Ms Liddy’s facial injuries, indicated that scars to her right cheek and forehead had healed well. While the scars are permanent, a plastic surgeon expressed the view they are minor and presented at most a cosmetic blemish rather than a cosmetic deformity. Describing the €70,000 offer as “generous” and close to the full value of the case, the judge said he was satisfied to approve it. This was effectively a trip and fall case and all such cases carried risk, he said.

irishtimes.com

Polish foreman given Post-it detailing pay cut wins case against his employer

A foreman who was given details of a pay cut on a Post-it note has won a case against his employer.

The Polish national got the maximum award of four weeks’ pay – worth €2,566 – payable under laws governing workers’ information entitlements.

He told a hearing at the Workplace Relations Commission that he had not been notified in writing of changes to his terms of employment.

The man, who is not named but was employed at the company from 2001, said he returned to work after his Christmas break on January 7 this year.

At 6.45pm, his line manager asked him to go to the canteen to meet the personnel manager, referred to as Ms A in a new adjudication decision.

He said she handed him a Post-it that gave details of a reduction in wages from €750 to €641 as he was being demoted from the role of foreman to line leader the following Monday.

This represented a 14pc fall in his pay. Two days later, he objected to the pay cut and revision of his role in an email to the personnel manager.

He said he did not get a response so made a complaint to the commission.

The foreman was paid the lower rate in January.

He told the hearing he felt abandoned by his employer as he had been very loyal while working there.

Adjudication officer Patsy Doyle said he was put at a distinct disadvantage and the fact he was ignored trying to counter the action was unhelpful.

Irish Independent

TV exposé crèche in legal row with insurers

A crèche chain which was at the centre of a damning undercover exposé has issued legal proceedings against its insurers.

The case is understood to relate to a dispute over the insurance provided to Hyde and Seek Childcare Limited and whether it will cover anticipated lawsuits in the wake of an RTÉ documentary.

The programme, broadcast in July, exposed the mistreatment of children, overcrowding and safety breaches at the Dublin chain.

Several families are expected to issue lawsuits following the revelations.

One law firm, Coleman Legal Partners, says it is representing 50 families who are contemplating proceedings.

Hyde and Seek initiated proceedings against two companies on Thursday, brokerage firm Padraic Smith & Co and insurance firm Ironshore Europe DAC.

The matter was briefly before Mr Justice David Barniville in the High Court and is due to return to the court next week.

In a statement, the crèche chain said: “The Hyde and Seek crèches are appropriately and fully insured. We cannot comment on the matter which is before the courts.”

The Hyde and Seek chain is run by husband and wife Peter and Anne Davy and has facilities in Glasnevin, Tolka Road and Shaw Street.

Ahead of the broadcast, Hyde and Seek announced Ms Davy would be stepping back from “all front-line work” at the company’s crèche on Tolka Road. It also said external consultants would be called in to look at the service.

The programme showed how milk for children was diluted with water, while cheap noodles were served instead of a vegetable dish advertised on a menu given to parents.

It revealed children were held down to make them go to sleep, shouted at and left to cry. Cramped sleeping conditions were also exposed.

Footage showed how one child was left in his high chair for up to 40 minutes after feeding time. There were also breaches of safety, including blocked fire exits.

Irish Independent

Widow of postman who died after being knocked off his bicycle while on his round awarded €250,000

THE widow of a 39-year-old postman who died after being knocked off his bicycle while on his post round has settled a High Court action over his death for €250,000.

Tanya Parker had sued her husband Damian’s employer, An Post over the accident eight years ago.

Her counsel Michael J McMahon told the court the car driver had just got a mere glance of Damian Parker before he emerged out of a road and in to the driver’s path.

The postman, a father of twins, was delivering mail in the in Ennis Road area of Limerick at the time of the accident on May 26, 2011.

Mrs Parker, of Oakwood, Old Singland Road, Limerick, had sued An Post and the Motor Insurers Bureau of Ireland as a result of the accident.

Mr Justice Kevin Cross was told that proceedings against the driver and owner of the car could be struck out.

It was claimed there was an alleged failure to provide a safe system of work and an alleged failure to ensure the postman would be safe while carrying out his work while delivering post.

It was further claimed there was an alleged failure to ensure Mr Parker wore a helmet while cycling his bicycle in the course of his job. 

The claims were denied.

The court heard Mr Parker’s cycling helmet was in the pannier of his bike.  At the  inquest into Mr Parker’s death a few years ago, the coroner said there was no evidence in this case to suggest the nature of the injuries sustained by Mr Parker would have been different if he was wearing a helmet but added that cyclists should be encouraged to wear helmets.

Counsel for the widow also told the court a person who witnessed the entire accident said in a statement there was nothing the driver could have done. The gardai and PSV inspector came to the same conclusion.

Counsel  said Mr Parker was not wearing a helmet when he hit the car and a ladder which was on the roof. He suffered brain injuries and died.

Mr Justice Cross approved the settlement and offered his sympathy to the family.

Irish Independent

Couple with €32m debt refused to move from ‘trophy home’ to cheaper property, court told

Nama has won the right to repayment of €32m from a property investor who refused to move from a “trophy home” to a less valuable property.

A High Court judge ruled Nama’s demand for the outstanding money, on loans for property investments, was valid and lawful.

But a finding whether Nama can enforce a further €3.5m loan secured on the family home of Carol and John Morrissey at Palmerston Road, Dublin 6, would be “pre-emptive” as Nama has not so far sought to enforce that loan, Ms Justice Una Ní Raifeartaigh held.

She adjourned the making of final orders for two weeks. Mr Morrissey said an appeal will be brought.

In dismissing the case by the couple, representing themselves, the judge noted that Nama claimed Mr Morrissey had in 2013 rejected a suggestion they relocate to a less valuable property on Lower Churchtown Road, insisting they were entitled to continue living on Palmerston Road.

A Nama agent had said he explained to Mr Morrissey Palmerstown Road would be considered to be a “trophy home” as it was valued in 2013 between €1.8m to €2m while the Churchtown property was valued at €800,000.

The agent said he questioned how “optically” it would look to the taxpayer if Nama was to allow Mr Morrissey and his family remain there whilst owing them more than €25m in residual debt – the debt remaining after the investment properties were sold – and more than €4.7m outstanding on the loan secured on their home.

The couple had claimed damages over alleged various unlawful acts by Nama, including taking enforcement action over the loans and appointing receivers over properties.

Mr Morrissey got loans of some €27m from Irish Nationwide Building Society between 2004 and 2006 in connection with acquiring seven investment properties.

The loans were secured by mortgages over the properties, there were problems with repayments as early as 2006 and the loans were in serious default when acquired in 2010 by Nama.

In 2014, Nama called in the loans by demanding the then outstanding sum of €32m. When that was not paid, it appointed receivers who sold the investment properties, reducing the debt to €25m.

A loan of €3.75m borrowed in 2005 to buy the Palmerston Road property, secured on the house, is also in default but Nama has not so far decided to enforce against that loan.

In their case against Nama, Capita Assets Services (Ireland) Ltd and various State parties, the couple argued Nama was not entitled to call in the loans and also sought a declaration Nama does not have valid security over the family home.

The defendants disputed the claims. Nama counter-claimed for final judgment.

Irish Independent