Ansbacher Cayman Report Appendix Volume 6

8/14/2019 Ansbacher Cayman Report Appendix Volume 6

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Record Number: 1999 /163 Cos

THE HIGH COURTIN THE MATTER OF TH E C OM PA NIE S A CTS 1 963 to 19 90

AN D IN THE MATTER OF PART II OF THE COMPANIES ACT 1990 AN D SECTIONS 8 AND 17AN D IN THE MATTER OF ANSB ACH ER (CA YMA N) LIMITED

(formerly GUINNESS MAHON CAYMAN TRUST LIMITED,ANSBACH ER LIMITED an d CAYMAN INTERNATIONAL BANK AND TRUST COMPANY

LIMITED)

REPORT OF THE INSPECTORSAPPO INTED TO ENQ UIRE INTO THE

A F F A I R S OF A N S B A C H E R ( C A Y M A N )LIMITED

Published by Order of the Court made on 24 June 2002

V O LU M E [ 6] : A P P EN D IX X V ( 4 3 ) TO X V ( 5 4 )


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IS BN 0- 7557- 1355- 9

G overnment of Ireland 2002


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Appendix XV (43) Mr Denis Foley1. Evidence relied upon by the Inspectors in arriving at the conclusion relating to MrDenis Foley.

a) Transcript of evidence of Mr Denis Foley dated 7 April 2000.b) Statement and related appendices of Mr Denis Foley dated 7 April 2000.


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Appendix XV (43) (1) (a)


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PRIVATE EXAMINATION OF MR. DENNIS FOLEY

UNDER OATH

ON FRIDAY, 7TH APRIL 2000

I hereby certify thefollowing to be a true andaccurate transcript of myshorthand notes in theabove named interview.

Stenographer


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PRESENT

The Inspectors: MR. JUSTICE COSTELLO

MS. MACKEY BL

Solicitor to the Inspectors MS. M. CUMMINS

Interviewee: MR. DENNIS FOLEY

Represented by: MR. TOM 0'HALLORANUPPER ASHE STREETTRALEECO. KERRY


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I N D E X

WITNESS

MR. D. FOLEY

EXAMINATION

MR. JUSTICE COSTELLOMS. MACKEY


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1 THE EXAMINATION COMMENCED, AS FOLLOWS, ON FRIDAY2 7TH APRIL 200034 MR. JUSTICE COSTELLO: Mr. Foley, we will start5 our interview then. I am6 Declan Costello and on my right is Ms. Mackey. As7 you know we have been appointed by The High Court8 as Inspectors.9

10 I should explain, as I do to other people who come11 to interview, that this is not a Court and it is not12 a Tribunal. It is an interview.1314 If in the course of the interview I or Ms. Mackey15 ask you a question on which you would like to take16 legal advice, please tell me and we will stop17 questioning and you can talk to Mr. O'Halloran.1819 Similarly, if your solicitor wishes us to stop

20 asking questions so that he can discuss the matter21 with you, he can indicate to us the position and we22 will stop asking the questions.23 MR. FOLEY: Thank you Judge.242526

272829

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1 MR. DENNIS FOLEY WAS EXAMINED AS FOLLOWS BY2 MR. JUSTICE COSTELLO34 1 Q. MR. JUSTICE COSTELLO: Mr. Foley, we got a5 statement from you6 yesterday and we got the appendices this morning and7 because we have not had time to consider all these8 documents, as we would like, it may be necessary for9 us to call you back at a later date?

10 A. Yes.11 2 Q. However, we will see how we can get on this morning?12 A. Right, Sir.13 3 Q. It may not be necessary for us to trouble you again.14 However, I have to tell you that that is the15 position?16 A. Yes. Right, Sir.17 4 Q. It did occur to me, Mr. Foley, considering the18 documents, that it might be possible to shorten this19 whole matter of our interview with you in this way:

20 Your statement indicates the state of knowledge21 which you said you had about the funds you gave22 to Mr. Traynor?23 A. Yes, Sir.24 5 Q. As I understand your statement your state of25 knowledge has now changed considerably as a result26 of documents that were made available to you?27 A. At the Tribunal, that is right, Sir.28 6 Q. I think I am correct in saying, and correct me if I29 am wrong, that what caused a change in your,

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1 knowledge were these bank statements that were given2 to you showing that money that was in the name of3 "Ansbacher" firstly, and then money that was in the4 name of Hamilton Ross, which was deposited, is that5 correct?6 A. That is correct, Sir.78

7 Q. Also it appears that there was a code given on theright-hand side of the documents. I think I am

9 correct in saying Mr. Foley that it is quite clear10 that you were one of the coded accounts that11 "Ansbacher" had and then later Hamilton Ross had?12 A. That was...(INTERJECTION).13 8 Q. Do you accept that?14 A. That was brought to my notice at the Tribunal,15 Judge.16 9 Q. Yes. Mr. Foley, would it not follow that this17 company "Ansbacher", whom I am dealing with, changed18 its name? It was originally Guinness Mahon Cayman19 Trust?

20 A. Yes .21 10 Q. That your money was part of the deposit that that22 company had ever since 197 9 when you first gave the23 money to Mr. Traynor?24 A. Judge, can I explain about 197 9 if you do not mind?25 11 Q. Of course?26 A. In October 1979 when I went to Guinness & Mahon to27 lodge the 50,000 I met Mr. Traynor. Mr. Keane28 joined the company there in the discussions and29 Mr. Traynor assured me that I was going into an


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1 investment group, Klic Investments.2 12 Q. What I am doing Mr. Foley?3 A. Sorry, Sir.4 13 Q. We will, of course, allow you to go into all of5 that?6 A. Sorry.7 14 Q. If it is necessary?8 A. Yes.9 15 Q. I am just asking you now in the light of the

10 documents that you have now received?11 A. That is right, Sir.12 16 Q. Does it not look as if your money was on deposit in13 the name of Guinness Mahon Cayman Trust, later14 "Ansbacher", in Dublin and that you were one of the15 coded accounts?16 A. That is right, Sir.17 17 Q. It looks like that, does it not?18 A. That is right, Sir.19 18 Q. I will come to in a moment what you believed to be

20 the position?21 A. Yes.22 19 Q. You did receive documents from time to time and the23 top was cut off them?24 A. Yes.25 20 Q. We have had a look at these documents and it is26 quite clear that these documents show that the money27 that was shown to be yours, the capital, was earning28 interest?29 A. That is right, Sir.

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1 21 Q. Am I correct in saying that you did not return the2 interest on any of the money?3 A. No, Sir.4 22 Q. To the Revenue Authorities?5 A. No, Sir.6 23 Q. Just a propos of that, did you have an accountant to7 look after your tax affairs or did you handle them8 yourself?9 A. I had an accountant in Tralee looking after my tax

10 affairs in Tralee.11 24 Q. Yes?12 A. And then sometime in 1998 I made an appointment here13 with an accountant in Dublin. I have been trying14 since 1991 to close the account and I made an15 appointment in 1998 here with an accountant16 in Dublin and he insisted on getting statements.17 I told him my position that I wanted to make a full18 disclosure to the Revenue Commissioners.19 25 Q. Just who was your accountant in Listowel?

20 A. In Tralee, my accountant...(INTERJECTION).21 26 Q. In Tralee?22 A. Loughran & Company.23 27 Q. Loughran & Company?24 A. Yes.25 28 Q. Did you disclose to them that you had this money26 that was earning interest and that you were not27 returning it?28 A. No, Sir.29 29 Q. You did not return that?

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1 A. No, Sir.2 30 Q. When you came up in 1991 then to a Dublin accountant3 what did...(INTERJECTION)?4 A. No, in 1991 I came to Des Traynor.5 31 Q. Des Traynor?6 A. Yes, whith a view to closing the account.7 32 Q. I see?8 A. And he told me at that stage that I was in a ten9 year cycle.

10 33 Q. Just give...(INTERJECTION).11 A. Sorry.12 34 Q. I want to clarify something: I was asking you about13 your own affairs and they were looked after by?14 A. Loughran & Company in Tralee.15 35 Q. In Tralee?16 A. Yes.17 36 Q. Do they continue looking after your affairs?18 A. They still do.19 37 Q. They still do?

20 A. Yes.21 38 Q. However, you had a talk with Mr. Traynor 1991 about22 this fund?23 A. To close the account.24 39 Q. I will come to that in a moment?25 A. Right, Sir.2 6 MR. 0'HALLORAN: Judge, I am sorry to27 interrupt.28 MR. JUSTICE COSTELLO: Yes.29 MR. 0'HALLORAN: Just in relation to

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1 accountants the man2 Kieran Ryan, to whom he refers, was an accountant3 who he used in Dublin. He continues to use4 Mr. Loughran.5 MR. JUSTICE COSTELLO: Yes.6 MR. 0'HALLORAN: But he came in 19 98 to78

Mr. Kieran Ryan to dealwith the tax implications.

9 MR. JUSTICE COSTELLO: Of this.10 MR. 0'HALLORAN: Of this.11 40 Q. MR. JUSTICE COSTELLO: Yes, I see. Mr. Ryan is12 looking after these?13 A. That is right.14 41 Q. These particular?15 A. That is right.16 42 Q. Since 1998?17 A. That is right, Sir.18 43 Q. Very well. I will come in a moment Mr. Foley to19 what you understood?

20 A. Yes .21 44 Q. However, from all you have learnt since, and all22 that has been in the public domain since, about the23 way these monies that were given to Mr. Trainer were24 dealt with, you, I think, have become aware of the25 system in other cases that Mr. Traynor operated,26 namely, the establishment of trusts in Cayman?27 A. Yes .28 45 Q. You are aware of that?29 A. That is right, Sir.


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1 4 6 Q. Are you aware too Mr. Foley that it would appear2 that the person who had the money, call him the3 Irish client, did not even sign the Trust Deed and4 that somebody was appointed as Settlor in the5 Cayman, either a representative of Mr. Furze of the6 Cayman company or an accountant. Do you remember7 noticing this in the papers and the account of the8 way the funds were used by Mr. Traynor?9 A. I don't recollect it but if you say it is correct.

10 47 Q. Yes?11 A. I accept it, Sir.12 48 Q. And that the monies were then transferred to the13 trust company, which was Ansbacher or Guinness Mahon14 Cayman Trust, and that the practice then was to15 establish a company and Ansbacher took the shares of16 the company and owned the company in Cayman, and the17 holding company then either got funds or was loaned18 funds from the trustees. Do you recollect reading19 this in the papers?

20 A. Not really, Sir.21 49 Q. Not really?22 A. No.23 50 Q. Am I correct in saying that you did not know24 anything that would indicate that your funds were25 treated in this way?26 A. No, Sir.27 51 Q. You have been in touch with the Ansbacher28 authorities, have you not?29 A. Yes.

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1 52 Q. With Mr. Benjamin?2 A. Yes, I wrote a letter to Mr. Benjamin sometime after3 the Tribunal and the correspondence was returned.4 53 Q. What I would like you to do Mr. Foley, you or your5 solicitor, is to write again to Mr. Benjamin to ask6 him for all the records?7 A. Yes.8 54 Q. Which he might have?9 A. Yes.

10 55 Q. Relating to your arrangements with "Ansbacher"?11 A. Yes.12 56 Q. And particularly any arrangements, any13 correspondance, that he might have had with14 Mr. Traynor?15 A. Yes.16 57 Q. And also whether any trust was established in17 relation to the funds that you had given to18 Mr. Traynor?19 A. Certainly, Sir.

20 58 Q. You will do that?21 A. Certainly, Sir.22 59 Q. Very well. Perhaps, we could just briefly go23 through then what occurred. You had a conversation24 with Mr. Traynor in 1975 and then in 1979, in25 October 1979, you had a further arrangement with26 him, as a result of which you gave him 50,000?27 A. That is right, Sir.28 60 Q. You were going to tell me what he told you was going2 9 to happen or what did Mr. Traynor indicate to you

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1 what would be done with the 50,000?2 A. That I was going into an investment group known as3 Klic Investments.4 61 Q. Yes. Did he tell you where it was established?5 A. No, Sir, no.6 62 Q. You had no idea that your money was going into the7 Cayman company?8 A. No, Sir. As I say I was dealing with9 Guinness & Mahon at that time. I took it for

10 granted it was through Guinness & Mahon.11 63 Q. You got those statements, which have been given to12 us in appendix two. Did they come to you through13 the post?14 A. They did, yes, Sir.15 64 Q. Were they as a result of asking for them?16 A. That is right, Sir.17 65 Q. Who did you ask, Mr. Foley?18 A. Des Traynor, Sir.19 66 Q. Just so that we understand actually what the

20 position is, these are statements which you got and21 they are dated from 1981?22 A. Yes.23 67 Q. Had you any other statements from Mr. Traynor during24 this period which you may have lost or destroyed?25 A. No, Sir.26 68 Q. Are these the only ones you got?27 A. That is right, Sir.28 69 Q. Where did you keep these statements?29 A. I kept them in my home filing cabinet.

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1 7 0 Q. At home?2 A. Yes, Sir.3 71 Q. Yes. There was written on this the words:4 "In this name Klic InvestmentsLimited."56 Who wrote that Mr. Foley?7 A. I did, Sir.8 72 Q. Why did you write those?9 A. I will tell you. I got a heart attack in 1987.

10 73 Q. Yes?11 A. A serious heart attack.12 74 Q. Yes?13 A. And sometime after that I was told by14 Professor Brian Keogh to get my affairs in order.15 So, I wrote on that. I am not sure when I wrote it16 but the reason was that if anybody got these17 documents after me, if anything had happened to me,18 they would have the information on it.19 75 Q. Yes. Mr. Foley, Ms. Cummins has drawn my attention

20 to an important fact, that I forgot to ask her to21 swear you in.22 A. Sorry.23 76 Q. Your evidence should be given under oath?24 A. Sorry.25 77 Q. What I propose to do now is to ask Ms. Cummins to26 swear you and then if you would confirm then that27 the evidence you have given us heretofore was28 correct?29 A. Sure.30

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2 MR. DENNIS FOLEY, HAVING BEEN SWORN, WAS AGAIN3 EXAMINED AS FOLLOWS BY MR. JUSTICE COSTELLO45 78 Q. Perhaps, formally then Mr. Foley you would confirm,6 now under oath, that the evidence you have7 heretofore given was correct?8 A. I confirm that the evidence I have given.9 79 Q. Was correct?

10 A. Was correct.11 80 Q. Those statements that you have exhibited in appendix12 two (Exhibit 1) are they not the sort of statements13 that you would obtain from a bank? Do they not look14 like it?15 A. No. They would in actual fact, yes, but the only16 thing is that there was nothing on top. The top was17 taken off.18 81 Q. Was taken off?19 A. Yes.

20 82 Q. Yes. However, what I am asking you to comment on is21 that it appears to be the sort of statement that you22 obtain from a bank but with the top cut off?23 A. That is correct, Sir.24 83 Q. For example it shows the balance there?25 A. Yes.26 84 Q. It shows the interest that was earned on the27 balance, it shows the credits and the debits?28 A. That is right, Sir.29 85 Q. Did it not occur to you that this would seem to

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1 indicate that your money was on deposit in a bank2 somewhere?3 A. I in actual fact phoned Des Traynor when I got it.4 I wanted to know the reason why the tops were taken5 off.6 86 Q. Yes?7 A. And he said that was for security reasons when they8 were posting them out.9 87 Q. Yes. However, did it not occur to you that this

10 appeared that the money was on deposit in a bank?11 A. That is correct, Sir.12 88 Q. Yes. You then later discovered -- you were in touch13 with Mr. Keane and according to your statement14 (Exhibit 1) you were told, you note here, that the15 position on the 3rd March 1988 was that there was16 82,688. This was per Martin Keane, is that17 correct?18 A. That is correct, Sir.19 89 Q. Is that your writing or somebody else's?

20 A. That is my writing, Sir.21 90 Q. Yes. Who then wrote "Klic stg72,893"?22 A. That was the note -- I will just get that out now.23 91 Q. Yes. If you look at -- it is appendix three?24 A. That was a note "Klic stg72,893" was a note I25 got off Des Traynor again.26 92 Q. However, is that your writing?27 A. No, that is not my writing there.28 93 Q. Who wrote that?29 A. I take it that was his writing.


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1 94 Q. His writing?2 A. Yes.3 95 Q. However, then...(INTERJECTION)?4 A. My writing is under that again, "Guinness & Mahon".5 96 Q. This was a note you had?6 A. Yes.7 97 Q. Then you added these to it later on?8 A. That is right.9 98 Q. Is that it?

10 A. That is correct, Sir.11 99 Q. This was a note?12 A. That is correct, Sir.13 100 Q. Yes. I notice from your statement (Exhibit 1) that14 you opened an account in 1986?15 A. That is right.16 101 Q. It was this "resident call deposit account"?17 A. That is right, Sir.18 102 Q. That was a straightforward account?19 A. Straightforward, Sir.

20 103 Q. In Guinness & Mahon?21 A. That is right, Sir.22 104 Q. You got seriously ill then?23 A. That is right.24 105 Q. You put it into the joint names of your sister -- of25 your daughter and yourself?26 A. I wrote to Guinness & Mahon I think on the27 25th May 1988.28 106 Q. Yes?2 9 A. Asking them to put it into my daughter's name even

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1 thought she didn't know it at the time.2 107 Q. Yes?3 A. But I was advised to get my affairs in order.4 108 Q. This then was taken out of this account and given to5 Mr. Foley to add to the previous funds you had given6 him?7 A. Mr?8 109 Q. Sorry, Mr. Traynor?9 A. Mr. Traynor.

10 110 Q. To add to the previous funds you had given him?11 A. Yes. Mr. Traynor phoned me sometime in 1990 and he12 said that that account was a waste of time. There13 was no interest in it and he transferred it into my14 investment account.15 111 Q. Yes?16 A. And I agreed.17 112 Q. You agreed?18 A. Yes.19 113 Q. That joined the funds that you had already given

20 him?21 A. That is correct, Sir.22 114 Q. Apart from that Mr. Foley did you add any other2 3 funds?24 A. No, Sir.25 115 Q. To Mr. Traynor?26 A. No, Sir.27 116 Q. Yes. We knew Mr. Foley that you withdrew funds?28 A. I did, yes, Sir.29 117 Q. We know that you withdrew 30,000 I think?

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1 A. 20,000, 10,000 and 50,000.2 118 Q. And 10,000?3 A. Yes.4 119 Q. In 1989, 20,000?5 A. 1989 and 1990.6 120 Q. In 1993, 10,000?7 A. That is right, yes, Sir.8 121 Q. Then you withdrew -- you got 50,000 from9 Mr. Collery, is that not right?

10 A. In 1995.11 122 Q. In 1995?12 A. Yes.13 123 Q. Yes. Could you assist me Mr. Foley in explaining14 why you came to the conclusion, in writing your15 letter as you did to Cayman, that the amount of16 money that was then in your fund was, I think,17 stg140, 000, is that right?18 A. That was the figure I got from the Tribunal, Sir.19 124 Q. Yes?

20 A. Approximate figure.21 125 Q. Yes. How had it reached that figure? Have you any22 idea?23 A. No, Sir, no. The figure was given to me at the24 Tribunal.25 126 Q. However, after...(INTERJECTION)?26 A. It is interest, I believe, accumulating.27 127 Q. Interest?28 A. Yes.29 128 Q. After... (INTERJECTION)

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1 MR. 0'HALLORAN: I think it might have been2 Mr. Collery's.3 MR. JUSTICE COSTELLO: Sorry?4 MR. 0'HALLORAN: I think it might have come5 from documentation from6 Mr. Collery.7 MR. JUSTICE COSTELLO: Yes.8 MR. 0'HALLORAN: Yes.9 129 Q. MR. JUSTICE COSTELLO: Mr. Collery gave the

10 Tribunal documentation.11 Have you given us all the documentation that the12 Tribunal gave you Mr. Foley, that they might have13 got from Mr. Collery or otherwise?14 A. I will ask my solicitor.15 130 Q. Yes. Do you know?16 MR. 0'HALLORAN: No. We got various17 folders. Now, this isn't18 all of it but there may be, say, memorandum of19 statements from Mr. Collery, the statement of20 Sandra Kells and other exhibits that wouldn't --21 they would not all have been produced at the public22 hearing.23 MR. JUSTICE COSTELLO: Yes.24 MR. 0'HALLORAN: But certainly they are25 here if you wish to see26 them.

27 MR. JUSTICE COSTELLO: I do not know Mr.28 0'Halloran if we should 29 I do not want to express any opinion on it as of

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1 now. As of now I do not think we need all the2 documents that were given to Mr. Foley.3 MR. 0'HALLORAN: Yes.4 MR. JUSTICE COSTELLO: By the Tribunal.5 MR. 0'HALLORAN: Yes.6 MR. JUSTICE COSTELLO: We do not need all the7 documents because some of8 them may or may not be confidential. I do not want9 to express any view on it. What I would be very

10 anxious however is that any documents relating to11 his own affairs which he may have obtained, which12 the Tribunal may have obtained from Mr. Collery,13 relating to his own affairs, be made available to14 us.15 MR. 0'HALLORAN: I think I would say that16 they were produced to him17 in evidence and they would be part of the exhibits18 that I handed over this morning.19 MR. JUSTICE COSTELLO: I see.

20 MR. 0'HALLORAN: They are the exhibits that21 were referred to in the22 evidence.23 MR. JUSTICE COSTELLO: In the evidence, yes.2 4 MR. 0'HALLORAN: At the Tribunal.25 MR. JUSTICE COSTELLO: Yes, yes.26 MR. 0'HALLORAN: I think my instructions27 from Mr. Foley are to28 cooperate with you in every respect.29 MR. JUSTICE COSTELLO: Yes, yes.

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1 MR. 0'HALLORAN: And certainly I have no2 objection. You can take3 them to look at them and if you want to give them4 back to me or whatever.5 MR. JUSTICE COSTELLO: Thank you. We will6 consider that.78

MR. 0'HALLORAN: Yes.MR. JUSTICE COSTELLO: You see...(INTERJECTION).

9 MR. 0'HALLORAN: In fact I think I have10 them all except the folder11 I did not bring with me, which was in relation to12 the Central Hotel in Ballybunnion.13 MR. JUSTICE COSTELLO: Yes.14 MR. 0'HALLORAN: There was another folder.15 MR. JUSTICE COSTELLO: Yes.16 MR. 0'HALLORAN: I think that folder and17 the folder relating to18 The Central Hotel in Ballybunnion would probably19 approximate to all the documents that the Tribunal

20 have given us.21 131 Q. MR. JUSTICE COSTELLO: I see. Very well. Thank22 you Mr. 0'Halloran. After23 Mr. Traynor's death you must have been concerned,24 Mr. Foley?25 A. I was certainly, Sir. I was very concerned.26 132 Q. You contacted Mr. Collery?27 A. I eventually got Mr. Collery.28 133 Q. Did he not tell you how much money you had then?29 A. No, Sir.


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1 134 Q. Did you ask him?2 A. No, I did not.3 135 Q. Is that not strange?4 A. What I ... (INTERJECTION) .5 136 Q. Very strange?6 A. I would accept that but what I was anxious at that7 time was to get out 50,000.8 137 Q. Had you any particular reason for wanting 50,0009 then?

10 A. Well, first of all I was holding -- it was my11 intention to hold that 50,000 and pay it on account12 to the Revenue Commissioners and furthermore that13 50,000 plus the 30,000 I had taken14 out...(INTERJECTION).15 138 Q. Was what?16 A. I had 30,000 taken out previously and that 50,00017 was 80,000.18 139 Q. Well...(INTERJECTION)?19 A. And that in actual fact was just over my total

20 investment.21 140 Q. Is that what you were doing then? You thought you22 were getting back your total investment, did you?23 A. Well, I was concerned about the money at the time24 and as I say I -- when I phoned Mr. Collery I told25 him I wanted to get 50,000. He told me, "This is26 a large sum of money," and he indicated to me at27 that time I think that it was a Mr. John Furze28 dealing with it and I said, "I never knew Mr. Furze,29 heard or dealt with Mr. Furze".


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1 141 Q. I am just wondering did he tell you that the money2 was in two accounts?3 A. No. No, Sir.4 142 Q. You know now that your money was in two accounts?5 A. I know now from the Tribunal it was in two accounts,6 Sir.7 143 Q. Yes. It does appear that there was one account8 "A/A49", is that not right?9 A. Yes, Sir.

10 144 Q. The other account was "A/A40"?11 A. Yes Sir.12 145 Q. Can you explain how the money...(INTERJECTION)?13 A. I understand...(INTERJECTION).14 146 Q. Was in two accounts?15 A. I understand that the second account was made up of16 the 24,000, which was transferred from the resident17 call account.18 147 Q. Yes?19 A. And that first number there related to the original

20 investment of 50,000.21 148 Q. The "A/A49", you think, might have been the resident22 account because it was in 1993, it was 28,000?23 A. That is right, Sir.24 149 Q. You think that is the funds that you transferred25 from your account?26 A. That is what I assume, Sir, yes.27 150 Q. Yes. The other money then was the original money28 that you put in?29 A. That is right, Sir.

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1 151 Q. Yes. If that is so the original money, the original2 fund, in 1996 had risen to 91,000?3 A. Yes.4 152 Q. Even though you had made these, taken out these,5 funds that we have talked about?6 A. That is right, Sir.7 153 Q. Can you explain how that is so?8 A. I understand that was interest.9 154 Q. Yes?

10 A. I infer that that was interest.11 155 Q. You think it was interest?12 A. Yes, Sir.13 156 Q. Have you asked Mr. Collery whether he has any other14 records relating to the deposit, the account15 "A/A40", which would have been in IIB and then16 before that in Guinness & Mahon Ireland? Has he any17 statements in relation to that?18 A. I didn't speak to him.19 157 Q. Yes?

20 A. When I asked Mr. Collery for statements.21 158 Q. Yes?22 A. I eventually got the statements of May 1999.23 159 Q. Are these the ones that we are referring to now or24 are these other ones?25 A. They are, Sir.26 160 Q. Have a look there and see?27 A. Yes.2 8 MR. 0'HALLORAN: They would be the ones2 9 headed "Ansbacher" towards

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1 the back.2 MR. JUSTICE COSTELLO: Appendix five, is it?3 MR. 0'HALLORAN: Yes.4 A. Yes. Appendix is right.5 161 Q. MR. JUSTICE COSTELLO: Appendix five are the6 documents you got from7 Mr. Collery in May?8 A. That is right, Sir.9 162 Q. What were the documents you got from the Tribunal?

10 Were there any statements in relation to your11 account obtained by the Tribunal?12 A. I give...(INTERJECTION).13 MR. 0'HALLORAN: No, no.14 A. No, Sir, on the advice. We got them back from the15 Tribunal as far as I can remember. I would like to16 say, Sir, that everything I had I gave to the17 Tribunal; I got back that documentation.18 MR. JUSTICE COSTELLO: Yes.19 Well...(INTERJECTION).

2 0 MR. 0'HALLORAN: Judge, I think it might be21 as well to clarify that.22 Just my recollection is that I am not so sure that23 he got anything from Collery at that time and that24 those are the -- this is what he got from the25 Tribunal but I would just like to clarify that.26 MR. JUSTICE COSTELLO: Would you clarify it27 because it could be28 important. I would like to know which was obtained29 from Mr. Collery. Ms. Mackey draws my attention to

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1 what is said in your statement about these. It is2 at page 7 of your statement. It is the fifth line3 from the top at page 7:4 "Sometime later in May 1999 I receivedby post at my home address..."56 A. That is right.7 163 Q. "...a series of bank statements..."89 A. That is right, Sir.

10 164 Q. "...bearing the names "Ansbacher" and11 "Hamilton Ross"."1213 A. That is right, Sir.14 MR. 0'HALLORAN: Sorry, Judge. That is it.15 165 Q. MR. JUSTICE COSTELLO: And the statements16 concerned and they are17 appendix five?18 A. That is right, Sir.19 MR. 0'HALLORAN: Yes.

20 166 Q. MR. JUSTICE COSTELLO: Very well then. Then it21 looks as if you did not22 get any statements, bank statements, through the23 Tribunal or is that not right?24 MR. 0'HALLORAN: No, I think there were --25 there was some more26 detail.27 MR. JUSTICE COSTELLO: That came from the28 Tribunal.2 9 MR. 0'HALLORAN: There would have been some

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1 -- I think some of the2 internal workings came to us from the Tribunal.3 MR. JUSTICE COSTELLO: Relating to this account?4 MR. 0'HALLORAN: Yes.5 167 Q. MR. JUSTICE COSTELLO: Yes. I think we have it6 then. Yes, thank you.7 Mr. Foley, I just want to turn now to another topic8 and that is The Central Holding?9 A. Central Tourist Holding, Sir.

10 168 Q. Central Tourist Holding Limited?11 A. Yes.12 169 Q. This company owned the hotel in Ballybunnion?13 A. The Old Central Hotel in Ballybunnion.14 170 Q. Yes. You were a Director of that company?15 A. That is right, Sir.16 171 Q. Did you have any role in the running of the company?17 A. I did, yes, Sir.18 172 Q. You were the licensee of the company?19 A. Yes. Well, there were four in 1972. Can I just go

20 back and relate?21 173 Q. Yes?22 A. In 1972 Mr. Billy Clifford came to me and said that23 the Directors of The Brandon, who were John Byrne,24 Tom Clifford and Billy Clifford, were interested in25 purchasing The Old Central In Ballybunnion.26 174 Q. Yes?27 A. And they asked me would I be interested in coming28 in. I asked them what it would cost me and they29 said 5,000 approximately. Each of the Directors

28


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1 would be putting that up. That was in 1972. So, I2 became a Director following that -- that was a3 loan taken out from Guinness & Mahon for4 approximately 70,000.5 175 Q. Yes?6 A. I wasn't involved in negotiating that loan.78

176 Q. Yes. Did you run the hotel or was there somebodyelse running the hotel?

9 A. No, there was a manager.10 177 Q. Right?11 A. From 1976 onwards I became very much involved in it.12 178 Q. In running the hotel?13 A. In running it.14 179 Q. Yes?15 A. Like when I say I became very much involved I was in16 over at the hotel most weekends. There was a17 manager there.18 180 Q. Were you a signatory, a bank signatory?19 A. I was one of four.

20 181 Q. One of four?21 A. Yes .22 182 Q. Did you, in fact, then help to look after the23 financial affairs of the enterprise or did somebody24 else do that?25 A. First of all Sir they asked me to become the26 licence holder because the other two local27 Directors, Billy Clifford and Tom Clifford, were28 already licence holders for two other premises in29 Tralee. So, I was getting the statements from

29


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1 Guinness & Mahon on their own.2 183 Q. Yes. Did you have a bank account as well?3 A. Bank Of Ireland, Ballybunnion.4 184 Q. The Bank Of Ireland in Ballybunnion?5 A. Ballybunnion.6 185 Q. Yes. The hotel was sold in 1986. Do you remember7 what you got for the hotel?8 A. I think the hotel and ballroom was sold, I think,9 for 177,000 totally.

10 186 Q. Yes?11 A. I am open to correction there.12 187 Q. Yes?13 A. But as far as I can recollect.14 188 Q. Yes?15 A. Just to be honest I think it was late 1986/198716 before the sale was finalised.17 189 Q. Yes. Who were the solicitors who were18 acting...(INTERJECTION)?19 A. Grace & Company.

20 190 Q. Grace & Company?21 A. Yes.22 191 Q. Are they...(INTERJECTION)?23 MR. 0'HALLORAN: No, they are no longer in24 existence?25 A. They are no longer in existence.26 192 Q. MR. JUSTICE COSTELLO: Were they local27 solicitors?28 A. Local solicitors in Tralee.2 9 MR. 0'HALLORAN: Downing & Grace was the

30


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1 name.2 193 Q. MR. JUSTICE COSTELLO: Yes. I just want to3 ask you how it came about4 that you signed this cheque of the 20th October 19875 for 42,580?6 A. That is right, Sir. I was asked. That was in7 October, yes.8 194 Q. Yes?9 A. As far as I can recollect I was asked by the

10 solicitor, Mr. Grace.11 195 Q. Who?12 A. Mr. Grace.13 196 Q. Mr. Grace, yes?14 A. And that was paid either to Haughey Boland or15 Guinness & Mahon.16 197 Q. Why was the cheque on an account opened by17 Mr. Grace?18 A. Sorry, sorry. When the sale was sold it was after19 the summer season and he opened an account in the

20 Bank Of Ireland in Listowel.21 198 Q. Why did he do that?22 A. Because he put all the funds in there. I don't know23 because it was easier for him I would say to24 transaction business with Listowel.25 199 Q. Why was that Mr. Foley?2 6 A. I am not sure but maybe Ballybunnion, I am open to27 correction here again, may have been closed at that28 stage now.29 200 Q. Yes?

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1 A. It may or may not but I know the whole account was2 transferred to Listowel.3 MR. 0'HALLORAN: My recollection, Judge, is4 that it was lodged in the5 name of the company, not the solicitor's name, in6 Ballybunnion.7 MR. JUSTICE COSTELLO: Yes. That is what I8 understood and I am sorry9 if I gave the wrong impression.

10 MR. 0'HALLORAN: Yes.11 201 Q. MR. JUSTICE COSTELLO: I am just wondering why12 the cheque was drawn then,13 the Bank Of Ireland in Listowel?14 A. I understood the cheque was drawn to pay off the15 creditors.16 202 Q. Sorry?17 A. I understood that cheque was paid to pay off18 Guinness & Mahon.19 203 Q. Guinness & Mahon?

20 A. Yes.21 204 Q. However, what I am asking you is why it was drawn,22 do you know, in the Bank Of Ireland in Listowel23 rather than in Ballybunnion?24 A. Because the funds -- when the sale was closed he25 lodged the proceeds of the sale into Listowel.26 205 Q. I see?27 A. Because at that stage we did owe money to the bank28 in Ballybunnion.29 206 Q. Yes. I think you know now that it was used to put

32


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1 into an account entitled "The Amiens S/L No. 2 A/C".2 You know that now?3 A. That was brought to my notice at the Tribunal, Sir.4 207 Q. You did not know anything about that?5 A. No, Sir.6 208 Q. The money was, in fact, paid into this account?78

A. Yes, Sir. Could I point out at that stage Judge ifyou allow me?

9 209 Q. Yes?10 A. Late May/early June I got a serious heart attack in11 1987 and I was out of action for a number of months.12 210 Q. Yes?13 A. And I had only just come back to -- around that14 time. I would say maybe late August.15 211 Q. Yes. Did you know whether or not the loan, that you16 had obtained from Guinness & Mahon, the company17 claimed, had been backed by a cash deposit or not?18 A. No, Sir.19 212 Q. You did not know about that?20 A. No knowledge whatsoever, Sir.21 213 Q. The documents show it was -- security was a22 guarantee, a personal guarantee?23 A. Personal guarantee by the four Directors and that24 caused me a lot of problems. I blamed that for the25 heart attack I got because I could see myself paying26 substantial money.27 214 Q. However, did you know that either your personal28 guarantee or the loan that was due by the company to29 Guinness & Mahon, was backed by a cash deposit?

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1 A. No, Sir.2 215 Q. You do not know?3 A. No, Sir.4 216 Q. I see. Mr. Foley, I have not very much more to ask.5 However, we could stop now. We could break now for6 a cup of coffee for ten minutes or so?7 A. I would appreciate that.8 217 Q. And we will come back?9 A. Thank you very much.

1011 SHORT ADJOURNMENT1213 218 Q. MR. JUSTICE COSTELLO: I just want to get14 something clarified,15 Mr. Foley. You had correspondence with Cayman?16 A. Yes.17 219 Q. And you wrote to Hamilton Ross and you have not yet18 written to Ansbacher, is that the position?19 A. That is.

2 0 MR. 0'HALLORAN: They are the only two21 letters we have written22 Judge.23 220 Q. MR. JUSTICE COSTELLO: Yes. What I want to just24 make clear is that we25 require you now is to write to Ansbacher to obtain26 their records?27 A. Right, Sir.28 221 Q. Going back to 1972?29 A. Right, Sir.

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1 222 Q. Because they are the people that originally would2 have been dealing with your funds?3 A. Yes.4 223 Q. Very well. Mr. Foley, that is all I wish to ask.5 However, Ms. Mackey has a few questions she wants to6 ask you?7 A. Yes.8 END OF EXAMINATION OF MR. DENNIS FOLEY BY9 MR. JUSTICE COSTELLO

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1 MR. DENNIS FOLEY WAS EXAMINED, AS FOLLOWS, BY2 MS. MACKEY34 224 Q. MS. MACKEY: Mr. Foley, this will not5 really take a moment. It6 is just to finish up on the affairs of Central7 Tourist Holdings?8 A. Yes.9 225 Q. You told us before the break there that you are

10 aware now from information that you received at the11 Moriarty Tribunal, from some documents that you saw12 there, that the loan to Central Tourist Holdings was13 secured on a deposit in Ansbacher, is that not14 correct?15 A. That is correct.16 226 Q. You know that now?17 A. That was brought to my notice at the Tribunal.18 227 Q. At the Tribunal?19 A. And I informed the Tribunal had I known that at the

20 time I probably wouldn't have had a serious heart21 attack.22 228 Q. Yes?23 A. Because I was still getting statements right up to24 the close of the sale showing substantial money due.25 229 Q. That is right. I understand that?26 A. Yes.27 230 Q. Is it correct also to say that you were made aware28 at the Tribunal that, in fact, the loan was cleared29 by monies paid from Ansbacher?

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1 A. That is correct.2 231 Q. That is correct?3 A. Yes. I understood that was paid off in 1985.4 232 Q. 1985?5 A. That is what I understood and I was still getting6 statements right up to 1987.7 233 Q. Is it the case that the cheque that you were telling8 us about before the break?9 A. Yes.

10 234 Q. Which was drawn on the account of the company in11 Listowel, Bank Of Ireland?12 A. That is right.13 235 Q. Signed by you?14 A. Yes.15 236 Q. That your understanding of that was that it was16 going to make a settlement with Guinness & Mahon?17 A. That is what I understood.18 237 Q. In respect of this loan, is that what you are19 saying?

20 A. I had -- yes, in respect of this loan because it21 was showing 135,000 but I had made the case that we22 had paid substantial interest over the years and23 that we paid back more than double the 70,000.24 238 Q. Yes?25 A. And I felt we were entitled to a settlement.26 239 Q. Just remind me of the date of when you wrote that27 cheque again?28 A. October, was it, 1987?29 240 Q. October 1987?

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1 A. I can just check that now. I am speaking from2 memory.3 241 Q. Yes. October 1987?4 A. 20th October 1987.5 242 Q. In fact, the loan had been cleared in 1985?6 A. That is what I understood from the Tribunal.7 243 Q. You had not received any notice of that?8 A. No knowledge of it. I was still getting statements9 showing in excess of 135,000 due.

10 244 Q. You were getting statements from Guinness & Mahon?11 A. From Guinness & Mahon showing in excess of 135,00012 due.13 245 Q. Right up to 1987?14 A. Right up to 1987, up to the close of the sale.15 246 Q. Since your evidence to the Moriarty Tribunal16 Mr. Foley have you learned any more about how that17 loan was paid off?18 A. No.19 247 Q. Have you enquired from Mr. Collery about this

20 matter?21 A. No, I haven't spoken to Mr. Collery.22 248 Q. You have not spoken to Mr. Collery?23 A. No, no.24 249 Q. When was the last time you spoke to Mr. Collery?25 A. 1998 as far as I can remember. 1998 I met him at2 6 Dublin Airport.27 250 Q. That is right. Was that prior to your learning28 anything about the loan having been paid off?29 A. Yes, prior to it, yes.

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1 251 Q. Yes. The first that you knew about this loan being2 paid off was when you were so informed by the3 Moriarty Tribunal?4 A. My recent visit to the Tribunal.5 252 Q. Very well then. Those are the all the questions I6 have for you, Mr. Foley?7 A. Thank you very much. Thanks Ms. Mackey.8 253 Q. Thank you.9 END OF EXAMINATION OF MR. DENNIS FOLEY BY MS. MACKEY

1011 MR. JUSTICE COSTELLO: Very well Mr. Foley. Your12 evidence will be13 transcribed and we would ask you then to come up to14 sign the transcript as soon as it is ready?15 A. Yes.16 MR. 0'HALLORAN: Judge just so that in17 relation to the letter to18 Ansbacher.19 MR. JUSTICE COSTELLO: Yes.

2 0 MR. 0'HALLORAN: There seemed to be a21 certain amount of22 confusion as to where we should write.23 MR. JUSTICE COSTELLO: Yes.2 4 MR. 0'HALLORAN: That is why we wrote to25 the people that we wrote26 to there, Hamilton Ross. Could you tell me the27 address that you would like me to address the28 correspondence to?29 MR. JUSTICE COSTELLO: Yes.

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1 MS. MACKEY: We can give it to you in2 writing.3 MR. 0'HALLORAN: I can get that.4 MR. JUSTICE COSTELLO: It is here in this. It is5 here in the appendix, the6 letter from "Ansbacher" to Hamilton Ross.7 MR. 0'HALLORAN: In fact we were writing in8 relation to funds. I9 think the evidence was that it had been transferred

10 to Hamilton Ross.11 MS. MACKEY: Yes.12 MR. 0'HALLORAN: Yes, certainly we will do13 that.14 MR. JUSTICE COSTELLO: You see, as you probably15 know Mr. O'Halloran that16 all the funds that would have been originally given17 by Mr. Foley would have been under the control of18 this. They would have been, apparently at any rate,19 deposited with the company Guinness Mahon Cayman

20 Trust in Cayman.21 MR. O'HALLORAN: Yes.22 MR. JUSTICE COSTELLO: It is now known as23 Ansbacher.2 4 MR. O'HALLORAN: Yes.25 MR. JUSTICE COSTELLO: What I would be anxious to26 obtain is any documents27 relating to the circumstances in which this28 originally came about and whether or not a trust was29 established and Ansbacher would be the people to

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1 tell you that.2 MR. 0'HALLORAN: Yes, certainly, yes.3 MR. JUSTICE COSTELLO: Very well then that is all4 for today. Thank you.5 A. Thank you very much Judge. Thank you Ms. Mackey.6 MR. 0'HALLORAN: Thank you.78 THE EXAMINATION WAS THEN CONCLUDED9

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^ o U o ^ V o r\ 7 V ^ A c o ^ a c o O


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Appendix XV (43) (1) (b)


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B U U t " X

STATEM ENT OF DENIS FOLEY T.D. TO TH EI NSP ECTORS APPOIN TED B Y ORDER OF TH E HI GH

COU RT TO ANSBACH ER ( CAYM AN) LIM ITED

Tho m n J. O' Hal loranSolicitors

Upper Ash S t m tTra lse

County Karry


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llfTROPWTTQN

1.1 make this unsworn statement In response to a request by the Inspectorsappointed by Order of the High Court to Ansbacher (Cayman) Limited (the" Inspectors" ). If the Inspectors have any queries arising out of t his un swornstatement both I and m y Solicitor would be happy o espond to queries.

2.1 am a member of Dall Eireann or he constituency of North Keny. I first stood asa candidate for the Raima Fail party in that constituency in (he 1977. GeneralElection. I was unsuccessful in that election. I stood again in the General Electionin 1681 and was elected for the first time at that election. Apart from a periodbetween 1989 an d 1992 when I was a member of Seanad Eireann, I have been amember of Dali Eireann since the date of my election tn 1981 t o the present t ime.I a m al so a mem ber of Kerry County Council having been elected to the Councilfor the irst ime In 1979.

3. tn 18591 joined Tralee U.D.C. as a Revenue Colector. Initially, I was Involved Inthe collection of rents, in or about 1967 I was appointed Rate Collector for thetown of Tralee. I continued In this position until m y election as a T.D. In 1981.

INVOLVEMENT WITH 9UINNEH * MAHON (IRELAND) LIMITEDAND / O R D E8 M 0 WD TR AYN O R

4. In 19651 was asked by one of the directors of the Mount Brandon HotBl In Tralee,which w as in the course of construction at the time, to assist in obtaining bands t oplay In the Hotel's ballroom. I was also asked to give some assistance Inarranging publicity for the new ballroom. As part of my arrangement with theMount Brandon Hotel I would receive payment from both t he ballroom and fr omthe bands themselves. I was also asked to book bands for the ballroom for t heCentral Hotel in Ballybunlon. The Central and Mount Brandon ballrooms weresuccessful for a period and I succeeded in obtaining all the top bands In thecountry during this period. I terminated my arrangement with the Mount Brandonwhen I became a member of Dail Eireann In 19B1.1 was also a director of thecompany which owned the Central Hotel, Central Tourist Holdings Limited


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(" CTH" ). 1 also invested th e sum of IRES,000 in this business. My Involvement InCTH came to an end In 1987 when I contributed funds totalling IR7,787.58towards the discharge of creditors of that company.

5 .1 irst met Desmond Traynor ("Mr. Traynor" ) at the time of m y Involvement with t heMount Brandon Hotel In the 1960's. Mr. Traynor used to visit the Hotel In hiscapacity as an accountant with the firm of Haugtiey Boiand whom I befleve d d theaccounts for t he Hotel. I can recall on one occasion discussing with M r. Traynormy Involvement with t he Hotel and in particular my rale In booking band s for theballroom in the Hotel. I befleve that Mr. Traynor visited the Hotel once or twice ayear. Some time In the mld-1970's (I believe It was in 1975 or 1976 although icannot b e certain) Mr. Traynor asked me about m y financial position. He informedme that through his bank. Guinness & Mahon in Dublin, he would be able to getme a good return on any funds which I might have to in vest Guinness & Mahonwas also' involved In the granting of loan facilities to C TH although I waa notresponsible far organising these ecfl i f lee which were made available In 1972.

6. Some yea n later, in October 1979,1 had the sum of IR50,000 to in vest Thissum Included the sum of approximately IR30,000 which I had accumulated since1966 from commission payments from bands booked by me for the MountBrandon Hotel and for the Central Hotel and also from payments made to me bythe Brandon Hotel for obtaining the bands. The sums paid to me were convertedto bank drafts from ime o time which I enewedduring the period. The balance ofIR20,000 was made up of payments which I received by way of contributiontowards my election expenses for the general election of 1977. Of this IR20,000,approximately IR14,000 was received from members of my own family with thebalance of IR6,000 from other persona. These su ms I also converted int o bankdrafts which I believe I renewed from time to time since 1977.1 decided that Iwould Invest t he sum of IR50,000 with Guinness & M ahon as I remembered m yconversation with Mr. Traynor back in 1975 or 1976 when he indicated that hecould get m e a good eturnon any funds which I Invested with t he bank.

7. I met with Mr. Traynor on 5 October 1979 at the Bank's pr emises in Oame StreetIn Dublin by prior arrangement. I Informed him that I had IR50,000 to i nvest andthat I would be looking for the best rate of return he could get me. He Informed


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! Hj | 8. i bel ieve that Mr. Traynor informed ma that I would b e furnished with statementsf In respect of my investment on a periodic basis. However, i did not receivestatements and I m ade contact with Mr. Traynor about this. Following my request

Iff!! I was furnished with some statements in late 1882 or early 1883. Copies of thestatements which I received at this time are attached at Appendix 2 to thisunsworn statement These statements related to the period from 19 August 1981to 20 September 1982. The statements did not contain any heading and I have arecollection of contacting Mr. Traynor and asking him why this was so. HeInformed m e that It was for ' security mason?, When I received the statements Iwrote in my own handwriting on one of t he pages of t he statements " 60,000

lodged to Guinness + Mahon Oct f979" . I also wrote on the same statement

/ me t hat he could get me a very good return hrough the Bank with a f und called" KHc Investments* . I invested t he sum with Guinness & M ahon and received t woGuinness & Mahon lodgment dockets for 1R30,000 and IR20,000 respectively.Copies of these lodgment dockets are attached at Appendix 1 to this unswornstatement. Martin Keane, another employee of Guinness & Mahon, was alsopresent at this meeting.

" K / fc Investments LimitedMart in KeaneGuinness + M ahon Li mi ted60,000" .

I subsequently added the other words which now appear on the irst page of t hestatements. I believe I added these words some time prior t o 1880.

9. Some time later I made further enquiries with Mr. Traynor concerning myInvestment and he gave me a slip of paper stating the fo l lowing ' .

Kile - 72,893 Stg*.


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Some time later In 1888 I was Informed by Martin Keane of Guinness & Mahonthat the total of my Investment was Stg82,888.00.1 noted this in handwriting onthe slip of paper which Mr. Traynor had previously given me. A copy of t he slip ofpaper together with m y handwritten addition Is attached at Appendix 3 . It was atail times my belief that my investment was with Guinness & Mahon in a fundknown as KBc Investments. At no time was I informed by Mr. Traynor or by anyother person in Guinness & Mahon or otherwise that my funds were invested orotherwise held by any other entity such as Ansbacher (Cayman) Limited(" Ansbacher" ). As will appear later in this statement the first t ime I received anystatement what soever which Indicated a possibility that my funds m ay have beeninvested or otherwise held in Ansbacher was In May 1898. m i

10.1 made two withdrawals from my investment by arrangement with Mr. Traynor.Those two withdrawals were: IR20,000 on 13 April 1989 and IR10,000 on 18June 1993.The first withdrawal was made by way of a Guinness & M ahon bank draft whichMr. Traynor informed me I could cash in the South Mad, Cork branch of Guinness& Mahon. The sec ond withdrawal was in cash. Both these withdrawals were m adeby arrangement with Mr. Traynor.

11. Foftowing my election to DaH Elreann In 1981 my contacts with Mr. Traynor wererare. I t elephoned him on a number of occasions and I believe I called to see himon t wo occasions at his office In FttzwWiam Square to di scuss how my investmen twas progressing. I believe that It was M r. Traynor wh o Informed m e that M r.Keane h ad left Guinness 4 Mahon and that he had been replaced by M r. Collery.I received a letter from Mr. Collery In March 1990 informing me that he was nolonger working with Guinness & Mahon and that he could be contacted at Mr.Traynor' s office In FltzwilHam Square. A copy of Mr. Coiieiy' s letter to m e dated 22March 1990 Is attached at Appendix 4 ohie unsworn statement.

12.1 became concerned about my investment since I had not been receiving anystatements. Following Mr. Traynor' s death In May 1994 I attempted t o mak econtact with M r. Collery. I had some difficulty In making oontact with him but f inal lysucceeded in August 1995. I informed him that I was anxious to withdraw


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IR50,000 from my Investment I also Informed Mm that I was anxious t o obtainstatements in relation to my investment This conversation took place on thetelephone. Mr. Collery told me that I was seeking to make a large withdrawal. Healso infoimed me that my investment was being dealt with by a M r. John Furze. Ihad not heard of this name before and I Informed Mr. Collery that a s far as I wasconcerned it was Mr. Traynor and, foll owing hit death, Mr. Codery who washandling my investment I arranged to meet with Mr. Collery In early September1995 In Jury' s Hotel in Dublin so that I could obtain my withdrawal. I had nevermet Mr. Collery In person before and he gave me a description of himself so that Icould recognise him. I recognised Mr. Coftery from his description and hefurnished me with the proceeds of my withdrawal of 1R50,000 in cash. Iconverted the cash Into two bank drafts In Bank of Ireland In Tralee. The proceedsof these bank drafts were used by ms in December 1999 towards dischargingoutstanding tax labllitiea which I have to the Revenue CommlssionerB. I wasunaware as to the mechanism used by Mr. Collery to obtain the funds for mywithdrawal. 1 was merely seeking a withdrawal from the funds which I hadInvested with Mr. Traynor in October 1979. I have recently discovered fromevidence before the Tribunal of Inquiry (Payments to Messrs Charles Haugheyand Michael Lowry) (the " Moriarty Tribunal" ) that t he proceeds for this withdrawalwere obtained by Mr. Collery from Irish Intercontinental Bank and in turn debitedto an account in the name of Hamilton Roes. I was entirely awam of these mattershave had no dealings whatsoever with either Irish Intercontinental Bank orHamilton Ross. As for as I was concerned I was making a withdrawal from myown Investment with Mr. Traynor.

13.1 had o ne further meeting with M r. Collery in August 1998.1 had telephoned Mr.Collery to look orstatements in relation omy investment. I arranged to meet withhim in Dublin Airport on 18 August 1998. The whole purpose of t he meeting wasso that I could obtain statements from M r. Collery. I had made an appointmentlater that day to bring the statements which I required from Mr. Collery to myaccountant In Dublin. The meeting took place in the Trust House Forte Hotel atDubln Airport However, Mr. Collery informed me at the outset of the meeting t hathe did not have the statements which I was looking for. The meeting broke upshortly after this. Mr. Collery Informed m e that he would furnish the stat ements t ome as soon as he could. I then telephoned my accountant and cancelled the


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appointment which I had made with him. The appointment was subsequentlyrearranged for a dat e in September 1998. However, s ince I had not received t hestatements f rom Mr. Collery by then I cancelled the September appointment withmy accountant I was unsuccessful In attempting to contact Mr. Cotlery by phonefol lowing the August meeting. Som e time later, tr) May 1999,1 received by poet atmy home address in Kerry, a series of bank statements bearing the namesAnsbacher and Hamilton Ross. The statements concerned the period fromJanua ry 1993 to April 1997. They contained the account codes A/ A40 a nd A/ A49.Copies of the statements which I received by post in M ay 1999 are attached atAppendix 5 to this unsworn statement The statements did not contain my nam eand were not accompanied by any covering letter or note so as to Indicate theperson who sent them. There was nothing on (he face of the statements toindicate that they related to any investment of mine. I had not previously hear d.either name ft) connection with my Investment I am, however, aware now fromevidence before the Moriarty Tribunal that the funds referred to in the statementswhich i received in May 1999 ma y be the funds which I invested with M r. TraynorIn 1979. I have given instructions to Mr. Barry Benjamin, whom I have beenInform ed b y t he M oriarty TrS>tinal Is In control of these funds, to release the fundsto my Solicitor to be used to discharge outstanding tax HabllUes. A copy of thiscorrespondence is attached at Appendix 6. Apart from this I have no contactwhatsoever with Ansbacher or Hamilton Rosa or any person or body representi ngeither entity.

14. In addit ion to my Investment with Mr. Traynor in 1879 I a lso opened a bankaccount with Guinness & Mahon in December 1986. The account was a " ResidentCall Deposit Account* , i t bore account number 10683009.1 opened the account inDecember 1986 with a cheque In the sum of IRE3,342.05. Confirmation of theopening of th e account Is contained in a letter dated 22 December 1988 f rom Mr.Collery. A copy of this letter is attached at Appendix 7.1 made further l odgment sof IRE4.885 .27 and IR12,180.50 in August 1987 and March 1988 respectively. InMay 1988 I decided to put this account In the Joint names of myself and mydaughter. M argaret as I was concerned about the state of my health at the t ime. Ihad suffered a heart attack in June 1987. I wrote to Guinness & Mahonrequesting my daughter's name to be added to the account by tetter dated 25M ay 1988.1 received a reply from Pat O' Dwyer, Banking Manager of Gui nne ss &


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M ahon on 30 May 1988 confirming that the account had been transferred int o m ydaughter' s jo int name. Copies of these letters are attached at Appendix 8. In late19901 was advised by M r. Traynor that this account should be dosed and that thebalance should be transferred to the Investment account with the f imds which Ihad invested in 1979 so that I could enjoy the same beneficial Interest rates. Theaccount was dosed on 15 November 1990 and the sum of IR24,009.95 waswithdrawn. Copies of t he statements in respect of th is Guinness & Mahon accountare contained at Appendix 9 .1 assumed ihe funds were transferred t o ac compan ythe other funds which I had invested with Mr. Traynor In 1979. However 1 did notreceive any documentation confirming this. Mr. Traynor did not inform me of themechan ism b y which t he account had been dosed and the monies transferred t oaccom pany my earl ier investment I Just assumed it was a straight forwardtransaction which h e was arranging. From evidence given at the Moriarty Tribuna lth ere appears t o have been a series of transactions between various accounts indifferent flnandai Institutions Involving the sum of IRE24.005.95 which was thebalance in m y Guinness & M ahon account when It was dosed in November 1990.However, I had no knowledge whatsoever of any of these transactions. Myunderstanding was that the deposit account would be closed and that theproceeds transferred to accompany m y earter Investment i was entirely unawareof the mechanics as to how Mr. Traynor was proposing to implement thisarrangement. Furthermore, I was unaware (as appears to be the case) that theprocee ds of t he deposit acc ount were lodged to an account in Ihe name of or he ldby Ansbacher or Hamilton Ross.

CENTRAL TOURIST HOLDIMQ8 UiHTTO

. 15.1 have referred earter to CTR I became a director of CTHI n 1972.1 was also anInvestor in the company by means of an investment of IRES,000. I had beeninformed by the late Wil l iam A. Cli fford of The Spa, Tralee, Count y Kerry t hat t hedirectors of the Mount Brandon Hotel were interested in acquiring and developingthe old Central Hotel and ballroom in Baltybunion, County Kerry. I agreed topartidpat e In the venture a nd Invested the sum of IR5,000 as I h ave indicated.The other directors of CTH were John J. Byrne of Slmmonscourt Lodge,Simmonscourt Road, Balhsbridge, Dublin 4, Thomas Clifford of The Kerries,Tralee, County Kerry and the late Wil l iam A. Cli fford. I had understood that the


56/623

other directors were making a similar investment and that the balance of themoney required for the venture was being borrowed, i was not responsible forarranging the borrowing. However, i am aware that CTH obtained loan facilities ofIR70,000 from Guinness & Mahon in or about June 1972. It was myunderstanding that this loan was a straightforward loan from Guinness & Mahonto CTH. I received statements concerning the loan on a regular basis u p to in oraround the date of the closing of the sale of the Hotel in 1986. The premi ses we repurchased and renovated and operated solely as an entertainment centre with abar. I held the licence for CTH as the two other local directors already heldlicences for other premises in the area. Following a deterioration In t he b usinessof the company it was decided to cease trading and oseU the premises. I b elievethe pr emises were sold in 1986. The directors at CTH were required t o contributemonies to fund a settlement with the Revenue Commissioners and with othercreditors of the company. I made one contribution of IR5,000 by cheque madepayable to Haughey Botand on 16 October 1987. The purpose of this paymentwas, I was led to believe, by way of contribution towards the repayment ofcreditors of the company. I paid another cheque in the sum of IR2,787 on 28October 1987 (also payable to Haughey Boland) which I understood representedmy contribution towards repaying the Revenue Commissioners who were owedmonies from CTH. The arrangements for the winding up of the business of thecompan y were m anaged by CTH' s Solicitors and by Paul Carty of Haugh eyBoland. i signed a cheque dated 20 October 1987 In the sum of IR42,680.00payable to Guinness & M ahon. This cheque was drawn on an account opene d byCTH' s Solicitors in the name of CTH In Bank of Ireland, Listowel with th eproceeds of sale of the premises. M y recollection is that I waa request ed t o dra wthe cheque by t he company' s Solicitors in order to finalise matters with Guinness& Mahon. I believe I gave t he cheque to either Mr. Grace, the company' s Solicitor,or to . Paul Carty of Haughey Boland. I was unaware as to what Guinness &M ahon did with the cheque. However I understand from evidence at t he M oriartyTrfounal that the proceeds of the cheque may have been credited on 23 October1987 to an account entitled " Amiens S/ L No. 2 Account No. 10407006" . I h ave n oknowledge, however, about that account I was unaware as to how the chequewas dealt with once it was paid over. I was glad to be out of the business of CTHas it had cost me money and I believe It seriously affected my health.


57/623

CQNCLUPtNQ COMMENTS18.1 would be happy to explain or c lari fy any issue aris ing from this unsworn

s ta t ement I am a l so happy to co-opera te fuBy wi th the Inspectors and a s bes t Ican t o deaf with any further queries which t hey may have.


58/623

A P P E N D I X 1

STATEM ENT OFlDENIS FOLEY T.D. TO THEI NSPECTORS AP POIN TED BY ORDER OF TH E HI GH

COU RT TO ANSB ACHER ( CAYM AN) LIM ITED


59/623

LODGMENT FOflCURRENT ACCOUNT OF

0.0 c ^ oNMK 9wwi,Mfc,raMaim4MV|Ktn (UcjMtlMM* MfUhMtoR ml Wt , v MMtfterwIlmlMirtcaMMmr'tnik. IMuth nud M mmum


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61/623

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62/623

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BALANCE BR0U6H1 fOUMAROATfr CHANGEEorpta* riLXNu mesHate chanceRATE CHANCE

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63/623

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64/623

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66/623


67/623

TL766t 44/763066! taMbitl 2035

Denis Foley, Esq.,6 Day Place,TRALEE,Co. Kerry.

42 .FfTZWILLIAM S Q U A R EDUBL IN 2.

2 2n d M a r c h , 1 9 9 0 .

Dear Denis,I am writing to advise you that I am no longer working inGuinness Mahon. My new telephone number is or .you can leave a message with Joan Williams, Mr. Des Traynov1Secretary, at the above number and she will contact me. 'I would be grateful if you could give me a call in the nextweek or so to arrange a meeting aa there are one or twothings I would like to discuss with you.Yours sincerely.

(L>P . P . C o l l e r v .


68/623

A P P E N D I X


69/623

' - W H S B A C y R E F TT E C f1

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70/623


71/623


72/623


73/623

jSL-jCCULTOM BOSS--

JW/06/93 MouaHi nmmoIl/OT/93 16/06/93 IS 10000

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A NS B A CHE R L IM ITED ^.J. Box mt Grand Cayman British Waal li..'Talaphona No. 848S3*Tata CP 305 Cabla Mdraaa GulnnaaaA/MOMOOUMTNUMaW 80001629 M IIAUMQHIHQWNarc life starling

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75/623

UNIITON -

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76/623


77/623


78/623


79/623

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80/623

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86/623


87/623


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96/623


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98/623

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99/623


100/623

RAKILTOW SOW-

L . - J30/11/96 wieuaHrraMwn31/12/94 31/13/96 latvMt to 31/U/96

K/ M 9ACCOUirTNUUKK 90001637 17MUMMWCMNjUKM tttrUaf33IS3.10U4.M

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101/623

A P P E N D I X


102/623

'31 January 2000R B G ' D P O S TMr Barry BenjaminHamilton Boss LtdP.O. BoX 887Grand Caynan^ Cayman IslandsBritish West IndiesRE: Memorandum Accounts K/K40 & A/A49Dear Mr BenjaminI an informed that my' investments originally made per the lateBes Traynor are in the above named accounts and amount to a sumill excess of 140,000 sterling* I now wish to withdraw thesefunds and I trust that you will accept this letter as formal authorisation. I instruct you to furnish the funds to my' solicitor Thomas J O'Halloran, Solicitor, Upper Ashe Street,Tralee, County Kerry. Ireland.If for any reason tlie funds cannot be release^ to my solicitorimmediately, please let me know.

^ I am sending a letter on similar terms directly to Hamilton Ross.Yours faithfully

DENIS F0LB7


103/623

REG'D POST i 31 January 2000Hamilton Ross LtdP.O. Box 887

r'Grand CaymanCayman islands '.British West IndiesiRE? Memorandum Accounts A/A40 & A/A49

Dear SirsI an informed that ay nvestments originally/made per the lateDas Traynor are in the above named accounts and amount to a sumin excess of 140,000 sterling. X now wish to withdraw these' iuads and 1 trust that you will accept this-letter as formalauthorisation. I instruct you to furnish/the funds to mysolicitor Thoaas J O'Halloran, Solicitor< Upper Ashe Street,Tralee, County Kerry, Ireland.t iIf for any reason the funds cannot ba released to my solicitor^ immediately, please let me know.f I an sending a letter on similar terms dirictly to Mr. BarryBenjamin.

yours faithfully

DENIS FOLBY


104/623

H E N R Y A N S B A C H E R ANSBACHBR (CATMAN)PO Box 117 Grand CtynunCAYMAN ISLANDSBiitiib W m loA aTdtpJjom +1 34S 9*9 Bdw Jqr

R E G I S TE R ED M A I L14 February 2000 .

H a m i l t o n Ro w Ji \ 0 . B o x 1C A Y M A N

Dear Sirs,We are enclosing a let ter (and the relevant envelope) f rom a M r. Denis Fol ey addressed to you wit hour P.O. ' B ox nu mb er in error, wh ic h was opened b y us inadvertent ly. We also enclose anotherenvelope (both came b y Regis tered M ai l ) addressed to M r. Ba rry Beiysunin, again incorrect ly usingourP.O. Box .Rather than re tu rn t he ma i l as inc orrect ly addressed, we have decided to forward them on to you onthis occasion. N o doub t you w i l l advise your contacts of your address and that there is nore lat ionship wi fe Ansbacher (Cayman) L imi ted.Your s fa i fh f td l y,

J . l l . B o t h w d lManaging DirectorEncs:c .c . M r . Den is Fo ley

i y t t W tf


105/623

INCENT & BEAITYO U 1 C I T O R S

7I PlVXWILUAM OUAnt.OuLi a, imlansTUIMOmi (OI> 878 >721 '. FAX (Ol) 87* Mt7HAH. rOITMAirKft9VBLAW.ltWtumwww.vaua.iai.o.b. toaeai.

Thoma s J. OHal l o r sn Esq. ,Solicitor,Upper Ashe Street,Tralee,Co. Ker ry .Fag No 066 7123024

RECEIVED2 - MAR 1999 w & 3 * f r

kroh2000

RE : Dea l s Fo ley and Ham i l t on Ross.

Dear S i r ,Fud j ie r to our recent inewe have been equestedby Ham i l t on Rosa L im i ted to n p l y t o you rCl ien t ' s le t ter to th em of he 31 " l a w n y l es tFas t o f sill we shou ld pu n t out tha t your C l ien t ' s let te r was addressed to P.O. Bo x 887 w hi chm e a n s t h a t f t r e a c l u xl H e n r y A na b ac h er w h o sen t i t o n t o H a m ^ 1 4 a u l U T h e yjsaoestcd Hami l t on Ross t o in f orm any correspondent Out there is no re la t ionsh ip bet weenl i l t on Ross and Ansbacher ( Cayman) L imi t ed. The P.O. Bo x o f Hami l t on Ross is 1369.

j ec t to author isa t ion w i t h ver i f i ca t ion and va l ida t ionJEI imi l tan Ro s i is p repared to t ransferfbnda in accordance wi t h transfer instruct ions.Please forward to us th e fol lowing:1 . The s igned author isa t ion o f your C l ien t au thoris ing Hami l ton Rom to t ransfer f tmda toyour f i rm . The author isa t ion shou ld ident i f y a copy o f your Cl ien t ' s Passpor t o rDr iv in g L icen ce (w i th photograph) . The author isa t ion w i l l have to be comple t ed beforea Nota ry Pub l ic wh o w i l l a lso ver i f y the copy Passpor t o r Dr iv in g Licence. The Not aryPub l ic sea l must b e va l ida ted a t the Apost i le Of f ice i n theDepsr tment o f Fore i gnA f & i r s .2 . . A le t te r o f conf i rma t i on f rom M r . Fadra ig Co l le ry wh ich w i l l have a t tached to i t a copyof M r . Fo ley' s aut hor i ty to your f i rm ident i fy ing M r . Fo ley u the person ent i t led to v c la im the Kinds he ld by Ham i l t on Ross on h is behal f . The let te r o f conf i rmat ion f rom

m iWU.TC* MAW IKOTAUT rV*UC),mmaumiIiH lrtu>iu< firuuilur.
http://www.vaua.ia/http://www.vaua.ia/


106/623

2 VINCENT &BEATTY

M r. Colle iy should identify a copy of hi * Passport or Driving li cence (wifephotograph). Mr. CoUeiyssigMture i s obe witnessed b y a Notary Public wh o wil lalso be teqoind t o veri fy the copy Passport or Driving Licence. Th e seal o f h e NotaryPublic wi l l have to be validated b y the Apostil e Off ice in the Department o f ForeignACDius.W h a forwarding these docmnenfe ous plesae state how t h e f t s I ftheyare to be credited oan account o f your innpleaaegiven the name sn d address o f t h ebank, die number o f he account and the sort code.Yours fiuthfully,

VINCENT t EATTY.


107/623

ri fafp-i iLt >>17 ColWs* 6rta Dublin 2 P.O. Box M A Td: 796944 fcOUhwl

I GUINNESS+MAHON LTDIIII

O u r R e* AO' C / P M c G2 2 D e c e m b e r l ? S 6M r D e n i s F o l e yA D a y P l a c eT r a l e eCO KERRYD e a r S i rR E: A c c o u n t N o . 1 0 5 8 ^ 0 ? 1V* r e f e r t o y o u r r e c e n t v i s i t t o o u r o f f i c e . Te c o n f i r m h a v i n gl o d g e d c h eq u e f o r 1 3 , 2 4 2 . 0 5 ( t h r e e t h o u s a n d , t h r e e h u n d r e d a n d

' f o r t y - t w o p o u n ds e n d f i v e p e nc e ) t o a n ew R e s i d e n t C a l l D e p o s i tA c c o u n t ' I n y o u r n a m e , v a l u e d a t e d 2 2 / 1 2 / S4 .Th e I n t e r e s t r a t e a p p l i c a b l e t o yo u r a c c o u n t f o r t h i s m o n t h i s11 p e r c e n t3 3 p e r c e n t11 p e r c e n t g r o s s . G r o s s I n t e r e s t w h en a p p l i e d i s s u b j e c t t oR e t e n t i o n Ta x .Th e r a t e p a i d i s r e v i e w a b l e on t h e l a s t w o r k i n g d e y o f e a c hr r w n t h . Th e p r e v a i l i n g r a t e n a y b e a s c e r t a i n e d b y t e l e p h o n e d /w r i t t e n e n q u i r y , o r b y r e f e r e n c e t o Th e t r i a h I n d e p e n d e n t * n dTh e I r i s h Ti r r .e s e a c h M o n d a y .? l e a s e f i n d e n c l o s e d s i g n a t u r e c a r d t o s i g n e d b y y o u r s t l f a n dr e t u r n e d t o u s a t y o u r e a r l i e s t c o n v e n i e n c e .Yo u r s i a l t h i u i l yf o r O H W S S S ^ M H O N L I M I TE D

/ . y n ' P C o l l e r yi ' A S S O C I A TE D I S 2 C T0 R

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108/623

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109/623

ri ' BA^I^Sit uutuutunt> m tux trcuntuyt

PO'D/SC30th'May, 1988.

Mr. Denis Foley,6 Day Plica,Tralee,CO. KBRHZ

Dear Denis,,\a/C No. 10S83009Thank you. for your latter of the 23th Inst. As requested Ihave arranged to transfer the balance of. the above account to ajoint account in your name and that of your daughter Ma.Margaret Voley.I enclose a joint mandate for completion and return.

. With kindest regards.y?uml sincerely,S 4Pat o*Dwyer,Banking Manager.

.vox iKtecrtt't MKtL-ru* r w m*>*tiu iMtiNH ch.\um.v\ n immtfimcmj r mmmii.I C UV.J>_U II, IMUIU MIIOH.(XtCl'TlVt 0UICT1JH1 MIOU1LJ ItMlIk U V.\AUlSU. OHIK CI MCULIM.MRALOC j UC.\CKt.* .ICPIITMIV ,u.MUCV.N.\0 ) WW*ttln< i.-.itKnixm mv ntivim; mim.. ..

Of..-


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jnt: 1058&009 f t l f f i f t l i nf f t fPt f lBant '27/07/98RESIDENT CALL D/A 15:59:08

inent start DateValue Narrative .ULY87 Balance brought forwardJLY87 CR. INTEREST RATE CHANGED9.00 GROSSAUG87 LOOSEDAUG87 CR. INTEREST RATE CHANGED8.50 CROSS'SEP87 CR. INTEREST RATE CHANGED8.00 GROSSRETENTION TAX AT 35.00*IHT. APPLIED TO 3O8EP07QCT87 RETENTION TAX AT 35.00%INT. APPLIED TO 310CT87IN0V87 CR. INTEREST RATE CHANGED7.50 GROSS

1 - Exit,

Post Asount

4..885.27CR

48,3900138.27CR20.080RS7.39CR

V..Balance >'3;474.05CR3,474.05CR8,359.32CR8.359.32CR

8,449.20GR8,486.51CR

wm inX"^AUTHORISED TO SUPPLY INFORMATION (tfafflrmmti** mar " X" )FORWARD INFORMATION TO 1

i mi f' r**)*"3 > tft AMOUNT Off DEPOSITCALL/NOTICEDEPOSIT

FIXED TERMDEPOSIT

RataXCALL RataXI MONTHRataX

2 OAYS.. RataX3 MONTHS...

MATURITY DATE If-. ^

7 DAYS....RataX RataX14 DAYS.airiTrn nniiin

OTHER tSo.ctfy,.RataX

STANDING INSTRUCTIONSTO RELODGE

.mvattmam Cuttomvri A/C If applictble tick box with * n " XN Staff Account f * pp ti c f t If t ick box with mCOMPUTER FILE SET-UP FORM COMPLETED BY

Qarlcal

_ o r->


201/623

Appendix XV (44) (1) (e)


202/623

Authorisation t o open Deposit AccountI DISTRIBUTION OP COPIES WHITE: On* * S* ct


203/623

Appendix XV (44) (1) (f)


204/623


205/623

Appendix XV (44) (1) (g)


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5 MARS E l

G M D U B L I N1 4 . 1 0 * 7 7FOR MR M ARTI N KEANERE YOUR TELEX OF YESTERDA Y.THE BALANCE I NCLUD IN G I NTEREST TOD ATE ON TH E F . I . I . O E P OS I T WAS 2 S . S 2 7 . 5 4 D OL LA RS .E QU I V A LE N T I S POU NOS 1 6 , 8 7 0 . 0 9 . A F D ED U CTI N G P AYM EN T YOUI ND I CA TE OF 2 1 6 6 . 5 9 AND TELEX AND SUNDRY CHARGES DUE TO US OFPOUNDS 1* 8 .04 THERE I S A BALANCE OF 1 4 .6 5 6 . I f 6 . CONFIRM YOU MAY

- . . DE B I T THI S TO SUNDRY' S UB - COM P A NY A CCOUNT. P L EA S E A SK T . f i . L .- TO TELE X AD VI SE SUNDRY SUB COM PANY ACCOUNT BALANCE SO TH A f WE CANv ; RE PL EN I SH I F ACCOUNT j S OVERDRAWN BY REASON OF ABOVE TRANSA CTION

REGARDSJOHN FURZE

t\

CORRECT I ONi THERE I S A BALANCE OF 1 4 ,6 5 5 .4 6

5 2 0 5 M A RS E l3 0 5 G U I N N E S S CP

a a

iSzkArGut ^ O L / i w


207/623

Appendix XV (44) (1) (h)


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s t a t emen t SDHDRY .SU9. .Wa,.!! ![a cco un tGUINNESS HAHON CAYMAN TRUST LTD 2674 1,50 145. TO

m> r MMKMAV Milt CUOtl

CLASSIFICATION NK -.GR.QDP.dole cod. cathllawfl) mhuI lllliitlnJ.nn ft-*! drfc*10 J10 JO LOO i7Siio


209/623

Appendix XV (45) Mr Arthur Gibney1. Evidence relied upon by the Inspectors in arriving at the conclusion relating to MrArthur Gibney.

a) Transcript of evidence of Mr Arthur Gibney dated 15 March 2000.b) Guinness and Mahon letter of 18 October 1977 to Mr Arthur G ibney.c) Guinness and Mahon letter of 14 October 1976 to Mr Arthur Gibney.d) Guinness and Mahon letter of 28 September 1976 to Mr Arthur Gibney.e) Guinness and Mahon internal memo of 18 May 1976.f) Letter of 13 March 2000from Hayes & Sons to Inspectors.g) Statements of a/c ref: A/A2 Ansbacher Limited of 31 October 1992,31 December 1992, 31 January 1993 and 30 April 1997.h) Undated letter of guarantee to Guinness and Mahon.


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211/623

PRIVATE EXAMINATION OF MR. ARTHUR GIBNEY

UNDER OATH

ON WEDNESDAY, 15TH MARCH 2000

I hereby certify thefollowing to be a true andaccurate transcript of myshorthand notes in theabove named interview.

Stenographer


212/623

PRESENT

The Inspectors:

Solicitor to the Inspectors

Interviewee:

Represented by:

MR. JUSTICE COSTELLOMR. ROWAN FCAMS. MACKEY BL

MS. M. CUMMINS

MR. ARTHUR GIBNEY

MR. ANDREW WALKERHAYES & SONS SOLICITORSLAVERY HOUSEEARLSFORT TERRACE

DUBLIN 2


213/623

I N D E X

WITNESS

MR. A. GIBNEY

EXAMINATION

MR. JUSTICE COSTELLOMR. ROWANMS. MACKEY


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1 THE EXAMINATION COMMENCED, AS FOLLOWS, ON WEDNESDAY,2 15TH MARCH 2000.34 MR. JUSTICE COSTELLO: Mr. Gibney, we will start5 our interview then.6 My name is Declan Costello and on my right7 is Ms. Mackey and on my left is Mr. Rowan. As you8 know we have been appointed Inspectors by The High9 Court.

10 MR. GIBNEY: I understand.11 MR. JUSTICE COSTELLO: I should explain to you,12 as I am sure you13 appreciate, this is not a Court and it is not a14 Tribunal. We are merely carrying out an15 investigation and this is an interview.16 MR. GIBNEY: Yes.17 MR. JUSTICE COSTELLO: If, in fact, you have any18 difficulties about any of19 the questions that we ask, please feel free to

20 consult your solicitor about them.21 MR. GIBNEY: Yes.22 MR. JUSTICE COSTELLO: Similarly, if there are23 any problems that your24 solicitor has in relation to any questions that we25 would ask he can tell us so and we will stop and you26 can take advice.27 MR. GIBNEY: Yes.28 MR. JUSTICE COSTELLO: Your evidence Mr. Gibney29 will be taken under Oath

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1 and now I'd ask our solicitor, Ms. Cummins, to2 administer the Oath to you.3 MR. GIBNEY: Yes.4567

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20212223242526272829

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1 MR. ARTHUR GIBNEY, HAVING BEEN SWORN, WAS EXAMINED2 AS FOLLOWS.34 1 Q. MR. JUSTICE COSTELLO: Mr. Gibney, you supplied5 us with a number of6 documents, which we obtained yesterday. Your7 solicitor supplied us with a statement, which he8 informed us he was sending on your behalf?9 A. Yes.

10 2 Q. I want to begin by referring you to a document in11 this file you sent us?12 A. Yes.13 3 Q. It is a document dated 18th October 1977 addressed14 to you by Mr. O'Dwyer from the loans office (Exhibit15 1) ?16 A. Yes.17 4 Q. The reference is 136 at the top of18 the...(INTERJECTION)19 MR. WALKER: Which section of the

20 number is it? There are a21 number of different sections in the file?22 MS. CUMMINS: We actually have a23 paginated copy (Same24 handed).2 5 MR. WALKER: All right.26 5 Q. MR. JUSTICE COSTELLO: You see there Mr. Gibney27 that there is a letter of28 18th October 1977 to you?29 A. Yes.

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1 6 Q. It says:234

"Chris Dodd recently wrote to Mr. J.D.Traynor to get copies of personalaccounts of both Sam Stephenson andyourself..."

56 "...and the backing funds from the7o

1st October 1976."o9 A. Yes .

10 7 Q. And they had,111213

"I have today written to him giving himthe information relative to Sam andadvising that I am writing to youletting you have information coveringyour own position."

1415 Then:16171819

"Accordingly, I have pleasure inattaching hereto a statement coveringyour resident loan from the 1st October1976 to closing. Also note coveringthe Cayman position from the 1stOctober to closing."

20 Could you turn over the page then Mr. Gibney?21 A. Yes .22 8 Q. Do you see:2324

"Cayman, 1st October 1976, balance142,973.40

Ansbacher Cayman Report Appendix Volume 6

Documents