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Businessmen claim they suffered €2.4 million loss over sale of Saehan site

Commercial Court in Dublin hears of allegations of 'secret profits' made by accountant and quantity surveyor

Jackie McMahon and Ken McMoreland pictured in April 2006 at the Saehan site.

Jackie McMahon and Ken McMoreland pictured in April 2006 at the Saehan site.

Wednesday January 27 2010

Allegations of fraud and of alleged "secret profits" involving the purchase of the Saehan Media site at Hazelwood, Sligo have been aired before the Commercial Court in Dublin.

The site, on the shores of Lough Gill, was purchased by Foresthaze Developments, of which former EU Commissioner Mr. Ray MacSharry was chairman.

Mr. MacSharry has described as "a complete fraud" an accountant who allegedly sought to make secret profits from the deal involving the €11.5 million purchase of the site.

Three businessmen claim they suffered losses of more than €2.4 million because of allegedly fraudulent claims by accountant and tax specialist, Kenneth McMoreland, formerly of Gilroy Gannon accountants, and quantity surveyor Jack (Jackie) McMahon concerning the purchase by Foresthaze of the Saehan site at Hazelwood for a development of more than 300 houses.

The case, brought by Arthur Grady, Kieran Grady, John Grady and their company, TJ Grady Ltd, was admitted to the Commercial Court on Monday by Mr. Justice Peter Kelly.

It is against Mr. McMoreland, Mailcoach Road, Sligo, and others practising as Gilroy Gannon, Stephen Street, Sligo - Joseph Gannon, Bryan Kilfeather, Alan J Palmer, Cathal O'Donnell, Paul Horan and Sinead McHugh; Jack (Jackie) McMahon, Creggconell, Rosses Point; and Foresthaze, with registered offices at Millbrook, Riverside, Sligo.

They are claiming damages, including exemplary damages, against Mr. McMoreland and Mr. McMahon and also want both men to indemnify them against any claims made under guarantees in favour of Foresthaze provided by them to AIB Bank.

They also allege negligent misrepresentation and/or negligent misstatement against other accountants in the Gilroy Gannon firm.

The businessmen claim it was only in February 2009 they learned Mr. McMoreland and Mr. McMahon sought to make a secret profit from a sub-sale of the site for €9.85 million under an earlier contract of April 2006 with Saehan Media Ireland Ltd. It is claimed they then sought to sell on the site for €11.5 million in October 2006 in a deal between Mr. McMoreland, Mr. McMahon and Foresthaze.

Mr. McMoreland advised the site would be bought for €11.5 million, it was claimed, and he, Jackie McMahon, Ray MacSharry and Marc MacSharry would be the promoters and would hold 25pc of Foresthaze.

It is alleged, unknown to the plaintiffs, a solicitor, on April 11th 2006, entered into a contract with Saehan to buy the site for €9.85m in trust for Mr. McMoreland and not for the consortium or Foresthaze.

It is alleged Foresthaze was incorporated in July 2006 with Mr. McMoreland as chief executive holding 56pc shares; Jackie McMahon as operations manager having 20 pc; Ray MacSharry, as chairman, with 18pc; and Marc MacSharry with 6pc. It is alleged the completion date for the purchase was August 31st 2006 and that Mr. McMoreland failed to complete the purchase by them but the plaintiff's were not informed.

The other accountant defendants in February last year said they were unaware of any issues concerning Foresthaze and had stopped doing bookkeeping for it after Mr. McMoreland ceased in 2008 to be a partner in Gilroy Gannon, it was stated.

Mr. MacSharry had described Mr. McMoreland as "a complete fraud" at a meeting of shareholders of Foresthaze in February 2009, it is claimed. Mr. MacSharry had asked Mr. McMoreland to explain himself and Mr. McMoreland offered various explanations, which the plaintiffs said they did not accept.

It is alleged Mr. McMoreland and Mr. McMahon made a secret profit of €1.52 million and, unknown to the plaintiffs, capital gains tax of €304,000 on that sum was paid by Foresthaze.

Mr. Justice Kelly noted the case involves serious claims of fraudulent misrepresentation, fraud and unjust enrichment and also noted "strong views" in relation to the alleged fraud had been expressed by Mr. MacSharry.