Ansbacher Cayman Report Appendix Volume 6
Ansbacher Cayman Report Appendix Volume 6
UNDER OATH
accurate transcript of my
Stenographer
PRESENT
MS. MACKEY BL
TRALEE
CO. KERRY
I N D E X
WITNESS EXAMINATION
MS. MACKEY
1 THE EXAMINATION COMMENCED, AS FOLLOWS, ON FRIDAY
8 as Inspectors.
12 a Tribunal. It is an interview.
13
18
24
25
26
27
28
29
4
1 MR. DENNIS FOLEY WAS EXAMINED AS FOLLOWS BY
10 A. Yes.
12 A. Right, Sir.
15 position?
21 which you said you had about the funds you gave
22 to Mr. Traynor?
23 A. Yes, Sir.
5
1 knowledge were these bank statements that were given
5 correct?
12 A. That was...(INTERJECTION).
15 Judge.
19 Trust?
20 A. Yes .
22 company had ever since 197 9 when you first gave the
25 11 Q. Of course?
3 A. Sorry, Sir.
5 that?
6 A. Sorry.
7 14 Q. If it is necessary?
8 A. Yes.
15 coded accounts?
20 the position?
21 A. Yes.
24 A. Yes.
28 interest?
7
1 21 Q. Am I correct in saying that you did not return the
3 A. No, Sir.
5 A. No, Sir.
8 yourself?
10 affairs in Tralee.
11 24 Q. Yes?
20 A. In Tralee, my accountant...(INTERJECTION).
21 26 Q. In Tralee?
24 A. Yes.
27 returning it?
28 A. No, Sir.
8
1 A. No, Sir.
3 what did...(INTERJECTION)?
5 31 Q. Des Traynor?
7 32 Q. I see?
9 year cycle.
10 33 Q. Just give...(INTERJECTION).
11 A. Sorry.
15 35 Q. In Tralee?
16 A. Yes.
20 A. Yes.
22 this fund?
25 A. Right, Sir.
27 interrupt.
9
1 accountants the man
4 Mr. Loughran.
13 A. That is right.
14 41 Q. These particular?
15 A. That is right.
16 42 Q. Since 1998?
20 A. Yes .
27 A. Yes .
2 that the person who had the money, call him the
3 Irish client, did not even sign the Trust Deed and
10 47 Q. Yes?
21 49 Q. Not really?
22 A. No.
26 A. No, Sir.
29 A. Yes.
11
1 52 Q. With Mr. Benjamin?
7 A. Yes.
9 A. Yes.
11 A. Yes.
14 Mr. Traynor?
15 A. Yes.
18 Mr. Traynor?
19 A. Certainly, Sir.
21 A. Certainly, Sir.
12
1 what would be done with the £50,000?
3 Klic Investments.
6 62 Q. You had no idea that your money was going into the
7 Cayman company?
13 the post?
22 A. Yes.
25 A. No, Sir.
13
1 7 0 Q. At home?
2 A. Yes, Sir.
7 A. I did, Sir.
10 73 Q. Yes?
12 74 Q. Yes?
22 A. Sorry.
24 A. Sorry.
28 correct?
29 A. Sure.
30
14
2 MR. DENNIS FOLEY, HAVING BEEN SWORN, WAS AGAIN
9 79 Q. Was correct?
10 A. Was correct.
14 like it?
17 taken off.
19 A. Yes.
25 A. Yes.
15
1 indicate that your money was on deposit in a bank
2 somewhere?
5 off.
6 86 Q. Yes?
17 correct?
22 A. That was the note -- I will just get that out now.
2 A. Yes.
3 95 Q. However, then...(INTERJECTION)?
6 A. Yes.
8 A. That is right.
9 98 Q. Is that it?
15 A. That is right.
19 A. Straightforward, Sir.
23 A. That is right.
28 106 Q. Yes?
17
1 thought she didn't know it at the time.
2 107 Q. Yes?
4 108 Q. This then was taken out of this account and given to
6 him?
7 A. Mr?
9 A. Mr. Traynor.
14 investment account.
15 111 Q. Yes?
16 A. And I agreed.
18 A. Yes.
19 113 Q. That joined the funds that you had already given
20 him?
22 114 Q. Apart from that Mr. Foley did you add any other
23 funds?
24 A. No, Sir.
26 A. No, Sir.
18
1 A. £20,000, £10,000 and £50,000.
3 A. Yes.
10 A. In 1995.
11 122 Q. In 1995?
12 A. Yes.
19 124 Q. Yes?
20 A. Approximate figure.
21 125 Q. Yes. How had it reached that figure? Have you any
22 idea?
24 Tribunal.
27 127 Q. Interest?
28 A. Yes.
19
1 MR. 0'HALLORAN: I think it might have been
2 Mr. Collery's.
6 Mr. Collery.
10 Tribunal documentation.
22 hearing.
26 them.
28 0'Halloran if we should —
20
1 now. As of now I do not think we need all the
14 us.
22 evidence.
21
1 MR. 0'HALLORAN: And certainly I have no
4 back to me or whatever.
6 consider that.
24 Mr. Foley?
28 133 Q. Did he not tell you how much money you had then?
29 A. No, Sir.
1 134 Q. Did you ask him?
9 then?
14 out...(INTERJECTION).
17 was £80,000.
18 139 Q. Well...(INTERJECTION)?
20 investment.
21 140 Q. Is that what you were doing then? You thought you
4 142 Q. You know now that your money was in two accounts?
6 Sir.
9 A. Yes, Sir.
11 A. Yes Sir.
13 A. I understand...(INTERJECTION).
17 call account.
18 147 Q. Yes?
20 investment of £50,000.
21 148 Q. The "A/A49", you think, might have been the resident
27 150 Q. Yes. The other money then was the original money
24
1 151 Q. Yes. If that is so the original money, the original
3 A. Yes.
4 152 Q. Even though you had made these, taken out these,
9 154 Q. Yes?
12 A. Yes, Sir.
13 156 Q. Have you asked Mr. Collery whether he has any other
19 157 Q. Yes?
21 158 Q. Yes?
27 A. Yes.
25
1 the back.
9 162 Q. What were the documents you got from the Tribunal?
12 A. I give...(INTERJECTION).
19 Well...(INTERJECTION).
27 because it could be
26
1 what is said in your statement about these. It is
6 A. That is right.
7 163 Q.
"...a series of bank statements..."
8
10 164 Q.
"...bearing the names "Ansbacher" and
11 "Hamilton Ross"."
12
17 appendix five?
26 detail.
28 Tribunal.
27
1 -- I think some of the
11 A. Yes.
16 171 Q. Did you have any role in the running of the company?
21 173 Q. Yes?
26 174 Q. Yes?
28
1 would be putting that up. That was in 1972. So, I
4 approximately £70,000.
5 175 Q. Yes?
7 176 Q. Yes. Did you run the hotel or was there somebody
10 177 Q. Right?
13 A. In running it.
14 179 Q. Yes?
17 manager there.
21 A. Yes .
24 else do that?
29
1 Guinness & Mahon on their own.
5 A. Ballybunnion.
10 186 Q. Yes?
12 187 Q. Yes?
14 188 Q. Yes?
18 acting...(INTERJECTION)?
21 A. Yes.
24 existence?
27 solicitors?
30
1 name.
5 for £42,580?
7 October, yes.
8 194 Q. Yes?
11 195 Q. Who?
12 A. Mr. Grace.
17 Mr. Grace?
28 stage now.
29 200 Q. Yes?
31
1 A. It may or may not but I know the whole account was
2 transferred to Listowel.
6 Ballybunnion.
15 creditors.
16 202 Q. Sorry?
20 A. Yes.
26 205 Q. I see?
28 in Ballybunnion.
29 206 Q. Yes. I think you know now that it was used to put
32
1 into an account entitled "The Amiens S/L No. 2 A/C".
5 A. No, Sir.
9 209 Q. Yes?
12 210 Q. Yes?
15 211 Q. Yes. Did you know whether or not the loan, that you
18 A. No, Sir.
26 substantial money.
33
1 A. No, Sir.
3 A. No, Sir.
4 216 Q. I see. Mr. Foley, I have not very much more to ask.
10
11 SHORT ADJOURNMENT
12
14 something clarified,
16 A. Yes.
17 219 Q. And you wrote to Hamilton Ross and you have not yet
19 A. That is.
22 Judge.
26 their records?
27 A. Right, Sir.
29 A. Right, Sir.
34
1 222 Q. Because they are the people that originally would
3 A. Yes.
6 ask you?
7 A. Yes.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
35
1 MR. DENNIS FOLEY WAS EXAMINED, AS FOLLOWS, BY
2 MS. MACKEY
7 Tourist Holdings?
8 A. Yes.
9 225 Q. You told us before the break there that you are
14 correct?
15 A. That is correct.
21 attack.
22 228 Q. Yes?
26 A. Yes.
36
1 A. That is correct.
4 232 Q. 1985?
7 233 Q. Is it the case that the cheque that you were telling
9 A. Yes.
12 A. That is right.
14 A. Yes.
19 saying?
24 238 Q. Yes?
27 cheque again?
37
1 A. I can just check that now. I am speaking from
2 memory.
12 due.
16 Mr. Foley have you learned any more about how that
18 A. No.
20 matter?
23 A. No, no.
24 249 Q. When was the last time you spoke to Mr. Collery?
26 Dublin Airport.
38
1 251 Q. Yes. The first that you knew about this loan being
3 Moriarty Tribunal?
5 252 Q. Very well then. Those are the all the questions I
10
12 evidence will be
15 A. Yes.
18 Ansbacher.
21 certain amount of
28 correspondence to?
39
1 MS. MACKEY: We can give it to you in
2 writing.
8 relation to funds. I
10 to Hamilton Ross.
13 that.
20 Trust in Cayman.
23 Ansbacher.
40
1 tell you that.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
41
^oUo^Vor
\7 V^Aco^acoO
Appendix XV (43) (1) (b)
B U U t "X
Thomn J. O'Halloran
Solicitors
Upper Ash» Stmt
Tralse
County Karry
llfTROPWTTQN
2.1 am a member of Dall Eireannfor the constituency of North Keny. I first stood as
a candidate for the Raima Fail party in that constituency in (he 1977. General
Election. I was unsuccessful in that election. I stood again in the General Election
in 1681 and was elected for the first time at that election. Apart from a period
between 1989 and 1992 when I was a member of Seanad Eireann, I have been a
member of Dali Eireann since the date of my election tn 1981 to the present time.
I am also a member of Kerry County Council having been elected to the Council
for thefirsttime In 1979.
AND/OR DE8M0WD T R A Y N O R
4. In 19651 was asked by one of the directors of the Mount Brandon HotBl In Tralee,
which was in the course of construction at the time, to assist in obtaining bands to
play In the Hotel's ballroom. I was also asked to give some assistance In
arranging publicity for the new ballroom. As part of my arrangement with the
Mount Brandon Hotel I would receive payment from both the ballroom and from
the bands themselves. I was also asked to book bands for the ballroom for the
Central Hotel in Ballybunlon. The Central and Mount Brandon ballrooms were
successful for a period and I succeeded in obtaining all the top bands In the
country during this period. I terminated my arrangement with the Mount Brandon
when I became a member of Dail Eireann In 19B1.1 was also a director of the
company which owned the Central Hotel, Central Tourist Holdings Limited
("CTH"). 1 also invested the sum of IRES,000 in this business. My Involvement In
CTH came to an end In 1987 when I contributed funds totalling IR£7,787.58
towards the discharge of creditors of that company.
5.1first met Desmond Traynor ("Mr. Traynor") at the time of my Involvement with the
Mount Brandon Hotel In the 1960's. Mr. Traynor used to visit the Hotel In his
capacity as an accountant with the firm of Haugtiey Boiand whom I befleve d d the
accounts for the Hotel. I can recall on one occasion discussing with Mr. Traynor
my Involvement with the Hotel and in particular my rale In booking bands for the
ballroom in the Hotel. I befleve that Mr. Traynor visited the Hotel once or twice a
year. Some time In the mld-1970's (I believe It was in 1975 or 1976 although i
cannot be certain) Mr. Traynor asked me about my financial position. He informed
me that through his bank. Guinness & Mahon in Dublin, he would be able to get
me a good return on any funds which I might have to invest Guinness & Mahon
was also' involved In the granting of loan facilities to CTH although I waa not
responsible far organising thesefecfliflee which were made available In 1972.
6. Some yean later, in October 1979,1 had the sum of IR£50,000 to invest This
sum Included the sum of approximately IR£30,000 which I had accumulated since
1966 from commission payments from bands booked by me for the Mount
Brandon Hotel and for the Central Hotel and also from payments made to me by
the Brandon Hotel for obtaining the bands. The sums paid to me were converted
to bank drafts fromtimeto time which Irenewed during the period. The balance of
IR£20,000 was made up of payments which I received by way of contribution
towards my election expenses for the general election of 1977. Of this IR£20,000,
approximately IR£14,000 was received from members of my own family with the
balance of IR£6,000 from other persona. These sums I also converted into bank
drafts which I believe I renewed from time to time since 1977.1 decided that I
would Invest the sum of IR£50,000 with Guinness & Mahon as I remembered my
conversation with Mr. Traynor back in 1975 or 1976 when he indicated that he
could get me a goodreturnon any funds which I Invested with the bank.
7. I met with Mr. Traynor on 5 October 1979 at the Bank's premises in Oame Street
In Dublin by prior arrangement. I Informed him that I had IR£50,000 to invest and
that I would be looking for the best rate of return he could get me. He Informed
/ me that he could get me a very good return hrough the Bank with a fund called
"KHc Investments*. I invested the sum with Guinness & Mahon and received two
Guinness & Mahon lodgment dockets for 1R£30,000 and IR£20,000 respectively.
Copies of these lodgment dockets are attached at Appendix 1 to this unsworn
statement. Martin Keane, another employee of Guinness & Mahon, was also
present at this meeting.
!Hj| 8. i believe that Mr. Traynor informed ma that I would be furnished with statements
f In respect of my investment on a periodic basis. However, i did not receive
statements and I made contact with Mr. Traynor about this. Following my request
Iff!! I was furnished with some statements in late 1882 or early 1883. Copies of the
statements which I received at this time are attached at Appendix 2 to this
unsworn statement These statements related to the period from 19 August 1981
to 20 September 1982. The statements did not contain any heading and I have a
recollection of contacting Mr. Traynor and asking him why this was so. He
Informed me that It was for 'security mason?, When I received the statements I
wrote in my own handwriting on one of the pages of the statements "£60,000
• lodged to Guinness + Mahon Oct f979". I also wrote on the same statement
Martin Keane
£60,000".
I subsequently added the other words which now appear on thefirst page of the
statements. I believe I added these words some time prior to 1880.
9. Some time later I made further enquiries with Mr. Traynor concerning my
Investment and he gave me a slip of paper stating the following'.
10.1 made two withdrawals from my investment by arrangement with Mr. Traynor.
Those two withdrawals were: IR£20,000 on 13 April 1989 and IR£10,000 on 18
June 1993.
The first withdrawal was made by way of a Guinness & Mahon bank draft which
Mr. Traynor informed me I could cash in the South Mad, Cork branch of Guinness
& Mahon. The second withdrawal was in cash. Both these withdrawals were made
by arrangement with Mr. Traynor.
11. Foftowing my election to DaH Elreann In 1981 my contacts with Mr. Traynor were
rare. I telephoned him on a number of occasions and I believe I called to see him
on two occasions at his office In FttzwWiam Square to discuss how my investment
was progressing. I believe that It was Mr. Traynor who Informed me that Mr.
Keane had left Guinness 4 Mahon and that he had been replaced by Mr. Collery.
I received a letter from Mr. Collery In March 1990 informing me that he was no
longer 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 me dated 22
March 1990 Is attached at Appendix 4tothie unsworn statement.
12.1 became concerned about my investment since I had not been receiving any
statements. Following Mr. Traynor's death In May 1994 I attempted to make
contact with Mr. Collery. I had some difficulty In making oontact with him but finally
succeeded in August 1995. I informed him that I was anxious to withdraw
IR£50,000 from my Investment I also Informed Mm that I was anxious to obtain
statements in relation to my investment This conversation took place on the
telephone. Mr. Collery told me that I was seeking to make a large withdrawal. He
also infoimed me that my investment was being dealt with by a Mr. John Furze. I
had not heard of this name before and I Informed Mr. Collery that as far as I was
concerned it was Mr. Traynor and, following hit death, Mr. Codery who was
handling my investment I arranged to meet with Mr. Collery In early September
1995 In Jury's Hotel in Dublin so that I could obtain my withdrawal. I had never
met Mr. Collery In person before and he gave me a description of himself so that I
could recognise him. I recognised Mr. Coftery from his description and he
furnished me with the proceeds of my withdrawal of 1R£50,000 in cash. I
converted the cash Into two bank drafts In Bank of Ireland In Tralee. The proceeds
of these bank drafts were used by ms in December 1999 towards discharging
outstanding tax labllitiea which I have to the Revenue CommlssionerB. I was
unaware as to the mechanism used by Mr. Collery to obtain the funds for my
withdrawal. 1 was merely seeking a withdrawal from the funds which I had
Invested with Mr. Traynor in October 1979. I have recently discovered from
evidence before the Tribunal of Inquiry (Payments to Messrs Charles Haughey
and Michael Lowry) (the "Moriarty Tribunal") that the proceeds for this withdrawal
were obtained by Mr. Collery from Irish Intercontinental Bank and in turn debited
to an account in the name of Hamilton Roes. I was entirely awam of these matters
have had no dealings whatsoever with either Irish Intercontinental Bank or
Hamilton Ross. As for as I was concerned I was making a withdrawal from my
own Investment with Mr. Traynor.
13.1 had one further meeting with Mr. Collery in August 1998.1 had telephoned Mr.
Collery to lookfor statements in relationtomy investment. I arranged to meet with
him in Dublin Airport on 18 August 1998. The whole purpose of the meeting was
so that I could obtain statements from Mr. Collery. I had made an appointment
later that day to bring the statements which I required from Mr. Collery to my
accountant In Dublin. The meeting took place in the Trust House Forte Hotel at
Dubln Airport However, Mr. Collery informed me at the outset of the meeting that
he did not have the statements which I was looking for. The meeting broke up
shortly after this. Mr. Collery Informed me that he would furnish the statements to
me as soon as he could. I then telephoned my accountant and cancelled the
appointment which I had made with him. The appointment was subsequently
rearranged for a date in September 1998. However, since I had not received the
statements from Mr. Collery by then I cancelled the September appointment with
my accountant I was unsuccessful In attempting to contact Mr. Cotlery by phone
following the August meeting. Some time later, tr) May 1999,1 received by poet at
my home address in Kerry, a series of bank statements bearing the names
Ansbacher and Hamilton Ross. The statements concerned the period from
January 1993 to April 1997. They contained the account codes A/A40 and A/A49.
Copies of the statements which I received by post in May 1999 are attached at
Appendix 5 to this unsworn statement The statements did not contain my name
and were not accompanied by any covering letter or note so as to Indicate the
person who sent them. There was nothing on (he face of the statements to
indicate that they related to any investment of mine. I had not previously heard.
either name ft) connection with my Investment I am, however, aware now from
evidence before the Moriarty Tribunal that the funds referred to in the statements
which i received in May 1999 may be the funds which I invested with Mr. Traynor
In 1979. I have given instructions to Mr. Barry Benjamin, whom I have been
Informed by the Moriarty TrS>tinal Is In control of these funds, to release the funds
to my Solicitor to be used to discharge outstanding tax HabllUes. A copy of this
correspondence is attached at Appendix 6. Apart from this I have no contact
whatsoever with Ansbacher or Hamilton Rosa or any person or body representing
either entity.
14. In addition to my Investment with Mr. Traynor in 1879 I also opened a bank
account with Guinness & Mahon in December 1986. The account was a "Resident
Call Deposit Account*, it bore account number 10683009.1 opened the account in
December 1986 with a cheque In the sum of IRE3,342.05. Confirmation of the
opening of the account Is contained in a letter dated 22 December 1988 from Mr.
Collery. A copy of this letter is attached at Appendix 7.1 made further lodgments
of IRE4.885.27 and IR£12,180.50 in August 1987 and March 1988 respectively. In
May 1988 I decided to put this account In the Joint names of myself and my
daughter. Margaret as I was concerned about the state of my health at the time. I
had suffered a heart attack in June 1987. I wrote to Guinness & Mahon
requesting my daughter's name to be added to the account by tetter dated 25
May 1988.1 received a reply from Pat O'Dwyer, Banking Manager of Guinness &
Mahon on 30 May 1988 confirming that the account had been transferred into my
daughter's joint name. Copies of these letters are attached at Appendix 8. In late
19901 was advised by Mr. Traynor that this account should be dosed and that the
balance should be transferred to the Investment account with the fimds which I
had invested in 1979 so that I could enjoy the same beneficial Interest rates. The
account was dosed on 15 November 1990 and the sum of IR£24,009.95 was
withdrawn. Copies of the statements in respect of this Guinness & Mahon account
are contained at Appendix 9.1 assumed ihe funds were transferred to accompany
the other funds which I had invested with Mr. Traynor In 1979. However 1 did not
receive any documentation confirming this. Mr. Traynor did not inform me of the
mechanism by which the account had been dosed and the monies transferred to
accompany my earlier investment I Just assumed it was a straight forward
transaction which he was arranging. From evidence given at the Moriarty Tribunal
there appears to have been a series of transactions between various accounts in
different flnandai Institutions Involving the sum of IRE24.005.95 which was the
balance in my Guinness & Mahon account when It was dosed in November 1990.
However, I had no knowledge whatsoever of any of these transactions. My
understanding was that the deposit account would be closed and that the
proceeds transferred to accompany my earter Investment i was entirely unaware
of the mechanics as to how Mr. Traynor was proposing to implement this
arrangement. Furthermore, I was unaware (as appears to be the case) that the
proceeds of the deposit account were lodged to an account in Ihe name of or held
by Ansbacher or Hamilton Ross.
. 15.1 have referred earter to C T R I became a director of CTHIn 1972.1 was also an
Investor in the company by means of an investment of IRES,000. I had been
informed by the late William A. Clifford of The Spa, Tralee, County Kerry that the
directors of the Mount Brandon Hotel were interested in acquiring and developing
the old Central Hotel and ballroom in Baltybunion, County Kerry. I agreed to
partidpate In the venture and Invested the sum of IR£5,000 as I have 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 William A. Clifford. I had understood that the
other directors were making a similar investment and that the balance of the
money required for the venture was being borrowed, i was not responsible for
arranging the borrowing. However, i am aware that CTH obtained loan facilities of
IR£70,000 from Guinness & Mahon in or about June 1972. It was my
understanding that this loan was a straightforward loan from Guinness & Mahon
to CTH. I received statements concerning the loan on a regular basis up to in or
around the date of the closing of the sale of the Hotel in 1986. The premises were
purchased and renovated and operated solely as an entertainment centre with a
bar. I held the licence for CTH as the two other local directors already held
licences for other premises in the area. Following a deterioration In the business
of the company it was decided to cease trading andtoseU the premises. I believe
the premises were sold in 1986. The directors at CTH were required to contribute
monies to fund a settlement with the Revenue Commissioners and with other
creditors of the company. I made one contribution of IR£5,000 by cheque made
payable to Haughey Botand on 16 October 1987. The purpose of this payment
was, I was led to believe, by way of contribution towards the repayment of
creditors of the company. I paid another cheque in the sum of IR£2,787 on 28
October 1987 (also payable to Haughey Boland) which I understood represented
my contribution towards repaying the Revenue Commissioners who were owed
monies from CTH. The arrangements for the winding up of the business of the
company were managed by CTH's Solicitors and by Paul Carty of Haughey
Boland. i signed a cheque dated 20 October 1987 In the sum of IR£42,680.00
payable to Guinness & Mahon. This cheque was drawn on an account opened by
CTH's Solicitors in the name of CTH In Bank of Ireland, Listowel with the
proceeds of sale of the premises. My recollection is that I waa requested to draw
the cheque by the company's Solicitors in order to finalise matters with Guinness
& Mahon. I believe I gave the cheque to either Mr. Grace, the company's Solicitor,
or to . Paul Carty of Haughey Boland. I was unaware as to what Guinness &
Mahon did with the cheque. However I understand from evidence at the Moriarty
Trfounal that the proceeds of the cheque may have been credited on 23 October
1987 to an account entitled "Amiens S/L No. 2 Account No. 10407006". I have no
knowledge, however, about that account I was unaware as to how the cheque
was dealt with once it was paid over. I was glad to be out of the business of CTH
as it had cost me money and I believe It seriously affected my health.
CQNCLUPtNQ COMMENTS
18.1 would be happy to explain or clarify any issue arising from this unsworn
statement I am also happy to co-operate fuBy with the Inspectors and as best I
can to deaf with any further queries which they may have.
<e
Dated: ? April 2000
Denis Foley
A P P E N D I X 1
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T«L766t 44/763066 42 .FfTZWILLIAM S Q U A R E
taMbitl 2035
DUBLIN 2.
Dear Denis,
I am writing to advise you that I am no longer working in
Guinness « Mahon. My new telephone number is or .
you can leave a message with Joan Williams, Mr. Des Traynov1
Secretary, at the above number and she will contact me. '
I would be grateful if you could give me a call in the next
week or so to arrange a meeting aa there are one or two
things I would like to discuss with you.
Yours sincerely.
(L>
P.P. Collerv.
A P P E N D I X
— —' -WHSBACyREFTT — E C f
P.O. Boy MT Qiand Cayman " i Waal Indtaa
1 £ TaUpt'on* No.
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GbSSbar .Itaitad
Ca|Hi A/A*0
L. J AOOMWTNMM0 80001629
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1303S2.37
Sv»/5 J1/12/W Utaraatto31/13/93 3421.35
h 1S2773.72
11/12/H ?n-nri"willB
A NSBACHER LIMITED ^
jSL- .J. Box mt Grand Cayman British Waal li..'»»
Talaphona No. 8—48S3*
jCCULTOM BOSS- - Tata CP 305 Cabla Mdraaa Gulnnaaa
A/MO
J MOOUMTNUMaW 80001629 M I
IAUMQHIHQWN arc life starling
126673.57
guumpfOiMWiD
• ,
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P.O. Box M7 Omnd Ciymin Billlsh W«l Indlts "
T«l»phon« No.S—4853/4
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31/13/93 U99T4.03
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M/«/M 33267.34
A P P E N D I X
'31 January 2000
RBG'D POST
Mr Barry Benjamin
Hamilton Boss Ltd
P.O. BoX 887
Grand Caynan
^ Cayman Islands
British West Indies
Dear Mr Benjamin
I an informed that my' investments originally made per the late
Bes Traynor are in the above named accounts and amount to a sum
ill excess of £140,000 sterling* I now wish to withdraw these
funds 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 solicitor
immediately, please let me know.
^ I am sending a letter on similar terms directly to Hamilton Ross.
Yours faithfully
DENIS F0LB7
31 January 2000
REG'D POST i
Hamilton Ross Ltd
P.O. Box 887
r'Grand Cayman
Cayman islands '
.British West Indies
i
RE? Memorandum Accounts A/A40 & A/A49
Dear Sirs
I an informed thatrayinvestments originally/made per the late
Das Traynor are in the above named accounts and amount to a sum
in excess of £140,000 sterling. X now wish to withdraw these
'• iuads and 1 trust that you will accept this-letter as formal
authorisation. I instruct you to furnish/the funds to my
solicitor Thoaas J O'Halloran, Solicitor< Upper Ashe Street,
Tralee, County Kerry, Ireland.
t i
If 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. Barry
Benjamin.
yours faithfully
DENIS FOLBY
ANSBACHBR (CATMAN)
PO Box 117 Grand Ctynun
HENRY ANSBACHER CAYMAN ISLANDS
Biitiib W m loAa
TdtpJjom +1 34S 9*9 B<55
Fudjnite +1 MS 949 73+6
T d n CP +305 ANSBAC C
E-imfl mibay@cu>dwJqr
REGISTERED MAIL
14 February 2000 .
Hamilton Row J
i\0. Box 1
CAYMAN
Dear Sirs,
We are enclosing a letter (and the relevant envelope) from a Mr. Denis Foley addressed to you with
our P.O.' Box number in error, which was opened by us inadvertently. W e also enclose another
envelope (both came by Registered Mail) addressed to Mr. Barry Beiysunin, again incorrectly using
ourP.O. Box.
Rather than return the mail as incorrectly addressed, we have decided to forward them on to you on
this occasion. N o doubt you will advise your contacts of your address and that there is no
relationship wife Ansbacher (Cayman) Limited.
Yours faifhftdly,
J.ll. Bothwdl
Managing Director
Encs:
i y t t W t—f
•7I«» PlVXWILUAM • OUAnt.
Ou«Li« a, imlans
TUIMOmi (OI> 878 >721 '
. FAX (Ol) 87* Mt7
•HAH. rOITMAirKft9VBLAW.lt
INCENT & BEAITY Wtum www.vaua.ia
i.o.b. toaeai.
O U 1 C I T O R S
kroh2000
Dear Sir,
Fast o f sill we should p u n t out that your Client's letter was addressed to P.O. B o x 887 which
meansthatftreacluxlHenry Anabacher who sent it onto H a m ^ 14 a ulU They
jsaoestcd Hamilton Ross to inform any correspondent Out there is no relationship between
lilton Ross and Ansbacher (Cayman) Limited. The P.O. Box of Hamilton Ross is 1369.
1. The signed authorisation o fyour Client authorising Hamilton Rom to transfer ftmda to
your firm. T h e authorisation should identify a copy of your Client's Passport or
Driving Licence (with photograph). The authorisation will have to be completed before
a Notary Public who will also verify the copy Passport or Driving Licence. The Notary
Public seal must be validated at the Apostile Office in theDepsrtment o f Foreign
Af&irs.
2. . A letter of confirmation from Mr. Fadraig Collery which will have attached to it a copy
of Mr. Foley's authority to your firm identifying Mr. Foley u the person entitled to
•v' claim the Kinds held by Hamilton Ross on his behalf. The letter of confirmation from
mi
Mr. Colleiy should identify a copy of hi* Passport or Driving licence (wife
photograph). Mr. CoUeiyssigMture istobe witnessed by a Notary Public who will
also be teqoind to verify the copy Passport or Driving Licence. The seal o f the Notary
Public will have to be validated by the Apostile Office in the Department of Foreign
ACDius.
W h a forwarding these docmnenfetous plesae state how t h e f t s If
theyare to be creditedtoan account of your finnpleaaegiven the name snd address o f the
bank, die number of the account and the sort code.
Yours fiuthfully,
VINCENT ftBEATTY.
r fafp-iiLt >>
I GUINNESS+MAHON LTD
17 ColWs* 6rt«a Dublin 2 P.O. Box MA Td: 796944 fcOUhwl
I
I O u r Re* AO'C/PMcG
I 22 December l?S6
Mr D e n i s F o l e y
I A Day P l a c e
Tralee
CO KERRY
Dear Sir
RE: Account No. 1058^0? 1
V * r e f e r to 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 . T e c o n f i r m h a v i n g
l o d g e d cheque 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 and
' f o r t y - t w o pounds end f i v e pence) t o a new R e s i d e n t C a l l D e p o s i t
A c c o u n t 'In y o u r name, v a l u e d a t e d 22/12/S4.
The I n t e r e s t r a t e a p p l i c a b l e t o y o u r a c c o u n t f o r t h i s m o n t h i s
11 p e r cceenntt g r o s s . G r o s s I n t e r e s t when a p p l i e d i s s u b j e c t t o
33 p e r c e n t R e t e n t i o n T a x .
T h 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 h
rrwnth. T h e p r e v a i l i n g r a t e n a y be a s c e r t a i n e d by 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 by r e f e r e n c e to T h e t r i a h I n d e p e n d e n t *nd
T h e I r i s h Tirr.es each Monday.
? 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 card to signed by y o u r s t l f and
r e t u r n e d to us 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 .
Yours i a l t h i u i l y
for OHWSSS^MHON LIMITED
/.yn'P Collery
i' ASSOCIATE DIS2CT0R
;nc
M s ^
—
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i '
BA^I^S
it uutuut unt> m tux t
rcuntuyt »•«
PO'D/SC
30th'May, 1988.
Dear Denis,
,\a/C No. 10S83009
S4
Pat o*Dwyer,
Banking Manager.
1 - Exit,
<
•5» .
"I
•:t
27/07/98 15:59:46
:courrt: 10583009 RESIDENT CALL D/A
•0-1 - Exit,
Account Stateeerit 27/07/98 15:59:51
ourrt: 10583009 • RESIDENT CALL D/A
l 1 - Exit,
AWMTrt stateierrt; 27/07/98 15.59:57
•.count: 10683009 - RESIDENT CALL D/A
atanerrt s t a r t Date
h
L Value Narrative Post Aaourrt
29SEP86 RETENTION TAX AT 32.00% 1-39.890R Balance
I n t . Applied To 30SEP69 437.16CR
29DEC88 RETENTION TAX AT 32.00% 160.72DR 22,369.47CR
Irrt. Applied To 31DEC89 502.26CR
30HAR90 RETENTION TAX AT 32.00% 177.74DR 22.711.01CR
Irrt. Applied To 31HAR90 555.46CR
29JUN90 RETENTION TAX AT 30.00 % 161.4800 23,0^8.73CR
I n t . Applied To 30JUN90 538.27CR
28SEP90 RETENTION TAX AT 30.00 % 155.530R 23,465.52CR
I n t . Applied To 30SEP90 518.44CR
15NGV90 HR D AND HRS H FOLEY 24.005.950R 23,828.43CR
RETENTION TAX § 30% 76.07DR
INT TO 151190 2S3.59CR O.OOCR
Id 1 - E x i t ,
Appendix XV (44) Fruit Importers of Ireland Limited
1. Evidence relied upon by the Inspectors in arriving at the conclusion relating to
Fruit Importers of Ireland Limited.
UNDER OATH
accurate transcript of my
Stenographer
PRESENT
MS. MACKEY BL
ARTHUR COX
EARLSFORT CENTRE
EARLSFORT TERRACE
DUBLIN 2
I N D E X
MS. MACKEY 63 - 69
26 could do so.
4
1 solicitor wish to consult with you.
6 advisors.
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
5
1 MR. NEIL McCANN, HAVING BEEN SWORN, WAS EXAMINED AS
7 A. Yes.
8 2 Q. To yourself?
9 A. Yes.
11 A. Yes.
13 that and how the shares were held. Could you just
19 5 Q. Yes?
29 ot two afterwards.
6
1 6 Q. Yes?
11 substantial.
12 7 Q. Yes?
21 9 Q. Yes. I...(INTERJECTION)?
22 A. Sorry?
26 A. Yes .
2 13 Q. Limited?
3 A. Yes .
5 new company?
8 time.
10 formed called...(INTERJECTION)?
11 A. I am sorry, Justice.
12 16 Q. Yes .
20 companies.
26 A. Yes .
29 in that?
8
1 A. I think you are right, Justice.
2 19 Q. Well...(INTERJECTION)?
6 company formed.
10 that.
11 21 Q. With FII?
12 A. Yes.
13 22 Q. Yes?
21 A. Yes.
22 25 Q.
"I control approximately 10% of
23 Fyffes pic. Fyffes pic was
incorporated in 1980 and acquired the
24 fruit distribution business previously
carried on by another Irish company
25 Fruit Importers of Ireland Limited
which was incorporated in 1968"?
26
9
1 I think this is accurate.
4 27 Q. At the moment?
5 A. I believe.
10 29 Q. Of course?
11 A. Yes, yes.
14 limited?
15 A. Right.
16 31 Q. Just generally?
18 32 Q. Approximately?
21 33 Q. Yes?
23 34 Q. Yes?
26 35 Q. Yes?
10
1 A. Well, then there were a number of people in the
8 38 Q. Had you...(INTERJECTION)?
9 A. My ownself or my trusts.
10 39 Q. Your trusts?
11 A. Yes.
13 approximately?
14 A. Yes.
17 42 Q. Yes?
21 A. No.
22 44 Q. At that stage?
23 A. No, no.
25 A. Yes.
28 A. Yes.
11
1 accountants, then?
3 48 Q. Yes?
5 49 Q. Yes?
8 with Fyffes.
10 A. In the 1980s.
11 51 Q. Yes?
16 firm's accountants?
19 A. Yes.
12
1 58 Q. Yes?
3 Son.
4 59 Q. Yes?
6 60 Q. Yes?
21 A. I believe so.
27 64 Q. Yes?
28 A. And they stayed open during the bank strike and they
13
1 65 Q. Yes. Did you meet Mr. Traynor?
4 hello.
7 67 Q. Yes?
10 68 Q. Yes?
12 69 Q. Yes?
14 70 Q. Yes?
18 71 Q. Yes?
19 A. But that was very much a phone business and that was
20 about it.
22 A. No.
23 73 Q. Mr. Traynor then you would have only met over the
26 him.
14
1 Paris Investments?
2 A. Yes .
4 A. Sure.
7 Crowley?
9 believe.
14 another stage.
15 78 Q. Yes?
20 80 Q. Yes?
23 81 Q. Yes?
27 82 Q. Yes?
6 83 Q. Yes?
9 84 Q. Did...(INTERJECTION)?
20 86 Q. Yes?
22 happening.
24 Ms. Spain?
25 A. Yes .
27 A. Yes .
29 A. A sister.
1 90 Q. Was she an accountant herself?
6 92 Q. Yes?
8 93 Q. Yes?
14 A. Yes .
15 95 Q. Yes?
16 A. Yes .
20 mine.
22 evidence?
2 98 Q. Yes, or course?
3 A. Yes.
5 A. Right, yes.
6 100 Q. Yes?
8 that stage.
9 101 Q. Yes?
14 102 Q. Yes?
19 and that to back her up, but she was very much
20 involved.
21 103 Q. She was involved then but, you say, she retired
22 early?
23 A. Yes.
25 A. Yes.
27 A. Yes.
18
1 ago.
2 107 Q. Yes?
8 A. Yes.
12 110 Q. Yes?
14 111 Q. Yes?
16 spoken to her.
17 112 Q. Yes?
19 113 Q. Yes?
21 114 Q. Yes?
23 115 Q. I see?
19
1 "Miltown Grange, Castlebellingham"?
2 A. Yes .
6 this letter.
8 A. Sorry.
13 A. Yes, undated.
14 121 Q. It is undated?
15 A. Undated.
17 A. Yes .
21 124 Q. Yes?
23 125 Q. Yes?
20
1 Anderson and is now practicing at the Bar. They
2 have done very little else for the last two months
5 126 Q. Yes?
9 127 Q. Yes?
14 A. Yes .
16 A. Yes, in SKC.
18 ask permission?
19 A. We did.
23 some stage.
24 132 Q. Yes?
26 133 Q. Yes?
21
1 have left the company or the partnership at this
2 stage.
3 134 Q. Yes?
10 files?
11 A. Yes.
13 A. Sure.
15 A. Yes.
21 Alex Spain.
24 141 Q. Yes?
28 143 Q. Yes?
22
1 144 Q. Who actually...(INTERJECTION)?
4 A. Sure.
6 A. Yes.
11 148 Q. Yes?
17 150 Q. Yes?
27 A. Yes.
23
1 Guinness Mahon Cayman Trust?
2 A. Sure.
6 156 Q. Yes?
7 A. Yes.
9 A. Absolutely.
10 158 Q. Yes?
11 A. Yes.
13 A. Yes.
16 possible trust?
17 A. Sure.
18 161 Q. Yes?
21 A. Sure.
23 A. Right.
25 A. Yes.
24
1 some old diaries and that but no.
10 168 Q. Yes?
14 A. Yes.
17 171 Q. Sorry?
23 173 Q. Have you any files going back to the period, to the
24 early 1970s?
27 174 Q. Yes.
25
1 acquisitions of companies and developing and so on,
3 company.
4 175 Q. Yes?
11 A. Yes.
13 A. Yes.
15 trusts?
16 A. Yes.
17 179 Q. Yes?
20 180 Q. Yes?
24 discretion?
25 A. Sure.
27 A. Yes.
29 A. Yes.
26
1 184 Q. The funds in the trust to a group of people?
2 A. Absolutely.
4 A. Yes.
6 wishes?
7 A. Yes.
9 A. Yes.
11 A. Yes.
14 of Wishes?
15 A. Absolutely, yes.
17 A. Yes, yes.
18 191 Q. Would you just take the letter for a moment here.
22 A. Yes.
27
1 years, and trying to go back to those years in my
15 A. Yes .
22
25 A. Yes, I follow.
28
1 notice I have a little chart here and I have a line
4 being...(INTERJECTION).
5 200 Q. Look...(INTERJECTION)?
9 A. Yes, yes.
10 202 Q.
"As requested I set out below a
11 statement of all of my dealings whether
direct or indirect with Ansbacher
12 (Cayman) Limited formerly known as
Guinness Mahon Cayman Trust Limited,
13 Ansbacher Limited and Cayman
International Bank and Trust
14 Company Limited (the Company)."
15
17 A. Referred to.
19 A. Yes.
21 Cayman Trust?
24 (Exhibit 1)?
25 A. Yes.
29
29
1 A. Right.
9 gone on.
10 208 Q. Yes?
18 210 Q. Yes?
19 A. Recent knowledge.
20 211 Q. Very well. However, when you say you were doing
22 A. Yes .
23 212 Q. Do you mean that you were moving funds there and
25 being undertaken?
26 A. Yes, absolutely.
27 213 Q. Did you know that you were doing something in Cayman
30
1 involved.
2 214 Q. Yes?
4 didn't know.
7 maybe SKC.
11 A. Sure.
13 in Dublin?
18 218 Q. Yes?
21 A. In the Cayman.
22 220 Q. Yes?
23 A. Yes.
24 221 Q. Well...(INTERJECTION)?
28 A. No.
31
1 A. No.
8 registers.
15 detail?
16 A. Yes.
19 229 Q. You say that you now know about the Guinness Mahon
27 230 Q. Yes?
32
1 231 Q. Yes?
5 2) ?
6 A. Yes.
7 233 Q. It reads:
12
14 A. Yes, yes.
16 A. Yes.
23 implemented.
25 A. Mr. Mooney.
33
1 239 Q. Was he in the firm in 1972?
7 241 Q. Did you ask him did he remember anything about this?
10 A. No.
11 243 Q. Yes?
14 244 Q. Yes?
17 legitimate."
22 246 Q. Mr. Spain told you that he had set up trusts until
26 247 Q. You have not shown him this letter (Exhibit 2)?
27 A. No.
29 A. Yes.
34
1 249 Q. Does he remember it?
2 A. No.
3 250 Q. Yes?
7 251 Q. You see I should explain to you Mr. McCann, you may
9 A. Yes.
12 A. Sure.
14 stage?
15 A. Right.
21 A. Right.
22 256 Q. Who could help us? You think Mr. Mooney could
23 help us?
29 258 Q. Yes?
35
1 A. And I don't think, there is a few things to do with
2 the family.
3 259 Q. Yes?
6 on:
10 A. Yes .
15 A. Yes .
22 264 Q. Yes?
36
1 that Mr. Collins took my place as the shareholder,
3 265 Q. Yes?
6 shareholders.
9 267 Q. Yes?
11 268 Q. Yes?
13 Neil Collins.
15 to Neil Collins?
22 recollection of this?
23 A. No, no.
28 273 Q. Is there any other Neil Collins that this could be?
37
1 may have been intended to be done in some way or
6 personally?
10 A. I knew he was.
12 A. Yes.
15 278 Q. You must have been very surprised when you saw this
16 letter?
18 279 Q. Yes?
20 280 Q. When did you see this letter for the first time?
22 281 Q. Yes?
24 so.
26 A. Yes, yes.
27 283 Q. In December?
38
1 A. No, because I had no dealings with him.
5 A. In Dundalk.
6 i Q.
2 36 In Dundalk?
7 A. Yes .
8 2 37
i Q. However, that is a very remote connection with
10 A. Very remote.
12 A. No.
13 i Q.
2 39 Did you know that there was a Mr. John Collins
16 A. No.
22
"I hereby authorise you to transfer at
23 par to Neil Collins or his nominee the
entire issued share capital of
24 Blue Limited."
25
29 A. Yes .
1 292 Q. To Mr. Collins the share capital?
3 letter.
4 293 Q. I understand?
5 A. Or that draft.
6 294 Q. Yes?
8 295 Q. Yes?
14 A. If it was true.
16 A. Yes.
19 A. Thank you.
26
28 A. Yes.
40
1 of £225,844?
2 A. Yes.
4 "Suitably secured."
7 A. I do.
8 302 Q. Are you familiar Mr. McCann with the concept of cash
9 backed loans?
11 concept of?
16 A. Sure.
18 A. Right.
25 A. Yes.
41
1 A. Well, I read it here.
3 A. But... (INTERJECTION) .
5 A. No.
14 give?
17 A. Yes, yes.
20 A. Yes.
24 A. No.
26 A. Yes.
29 319 Q. You may take it, yes. We have kept out the other
42
1 information?
2 A. Okay.
6 A. Yes .
16 coffee break?
19 so?
20 A. Yes .
21
22 SHORT ADJOURNMENT
23
24 A. Apologies Judge.
26 Mr. McCann?
27 A. Yes .
29 Mr. Collins?
1 A. Yes.
2 327 Q. The people that you had the arrangement with or you
6 328 Q. Yes?
9 A. I believe so.
11 A. Yes.
17 to opt out.
18 332 Q. Yes?
21 A. Yes, I believe.
24 A. Absolutely not.
27 A. Yes.
44
1 Trust?
4 page 48, the telex to Mr. Keane. Have you got the
6 A. Yes, I have.
8 A. Yes.
10 A. Yes, yes.
12 A. No.
15 public domain?
16 A. No.
18 A. No.
20 A. Yes.
21 344 Q. Does it not appear from that that FII had a deposit
22 of $29,927?
25 A. No.
27 A. No.
29 A. Yes.
45
1 348 Q. It dose appear that this was an instruction, was it
23 Handed)?
26 figure of £2,166?
27 A. Yes.
28 352 Q. You will then see on the right-hand side the balance
46
1 has not come out in relation to the figure that
7 A. Yes.
9 out?
10 A. Right.
12 A. Right.
22 A. It is October.
27 payment?
28 A. Sure.
29 361 Q. Can you explain how you came to be paid money which
47
1 apparently was on deposit in the name of FAI in
2 Cayman Islands?
6 A. I don't know.
8 Limited?
9 A. Right, Judge.
12 A. Yes.
15 A. Yes.
18 A. Yes, yes.
22 A. No.
28 Yes.
48
1 between Fruit Importers Of Ireland Limited
3 Grand Cayman?
4 A. Yes .
9 A. Yes .
12 not so?
13 A. Yes .
17 Handed)?
18 A. Thank you.
20 A. Yes .
23 A. Yes .
27 A. Yes .
3 A. Yes .
6 A. Yes .
8 A. Yes .
11 A. Yes .
16 A. Right.
21 French Francs?
22 A. Yes .
27 A. Yes .
50
1 amount. I want to refer you now to your own
5 Agents Limited?
7 page 4.
8 384 Q. Yes?
12 A. Yes.
13 386 Q. It reads:
15
19
21 sentence:
26 A. Yes.
27 387 Q. I want you to tell us how it came about that FII was
29 accounts?
51
1 A. This is the company FIA that had been sold.
2 388 Q. Yes .
4 389 Q. Yes?
6 puzzles us.
7 390 Q. Yes?
12 it was...(INTERJECTION).
15 A. Sorry.
17 A. Sorry.
28 true situation?
29 A. Yes .
52
1 395 Q. All the shares were sold and FII no longer had any
3 A. Sure.
6 the account?
7 A. I ... (INTERJECTION) .
8 397 Q. Yes?
11 A. Yes.
12 399 Q. I see?
17
18 SHORT ADJOURNMENT
19
26 A. Sure.
53
1 A. Sure.
3 A. Right.
7 transactions.
8 406 Q. Yes?
11 407 Q. Yes?
13 to Montagu.
14 408 Q. Can I just stop you there. Do you know who Montagu
15 were?
20 410 Q. Yes?
21 A. I just... (INTERJECTION) .
25 412 Q. Yes?
27 413 Q. Yes?
54
1 two documents show, you know, lodgement to
6 Limited.
7 414 Q. Yes?
11 415 Q. Yes?
15 explanation.
19 A. Thank you.
23 A. Sure.
28 A. Yes.
55
1 this: It is the 23rd November 1976. Do you see
2 that?
3 A. Yes.
4 420 Q. It says:
8 A. Yes.
10 "NR"
11
12 which is non-resident?
13 A. Yes.
14 422 Q. Then:
15 "Fixed DA"
16
18 A. Yes.
19 423 Q.
"Jersey & with GMCT"?
20
21 A. Yes.
23 A. Yes, but...(INTERJECTION).
25 Static Data"?
26 A. Yes.
28 A. Yes.
56
"Fruit Agents,"
2
6 A. Yes.
10 A. Yes.
16 430 Q. Yes?
17 A. If I might be permitted?
19 A. To search.
23 A. Yes.
26 accounts of?
27 A. Sure.
29 accounts in Jersey?
57
1 A. Sure.
6 A. Yes.
11 A. Yes.
14 it as confidential?
15 A. Sure.
18 A. Yes.
22 A. Yes.
24 Ireland?
25 A. Yes.
28 A. Yes, I do.
58
1 "College Trustees"?
2 A. Yes, I do.
4 A. Yes .
8 A. Yes .
14 College Trustees?
15 A. Yes .
17 A. Yes .
22 A. Yes .
24 College Trustees,
26
27 he says,
2 A. Yes .
6 "companies"?
7 A. All right.
11 A. Yes .
12 454 Q. You will see half way -- do you see the list that is
13 headed "companies"?
14 A. Yes .
15 455 Q.
"International Fruit Limited"?
16
17 A. Yes .
21 A. Yes .
28 458 Q. Yes?
8 out of it?
9 A. Yes.
13 at it?
17 we leave.
22 Limited?
23 A. Yes.
25 properly?
26 A. Fine.
29 A. Right.
61
1 465 Q. There may be other matters arising which we would
3 A. Yes.
6 however?
7 A. Sure.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
62
1 MR. NEIL McCANN WAS EXAMINED, AS FOLLOWS, BY
2 MS. MACKEY
6 to your statement?
7 A. Yes.
9 A. Yes.
11 A. Yes.
15 A. Right.
21 A. Yes, right.
25 account there?
26 A. Sure.
28 A. Yes.
63
1 clarify it a little bit better I would be glad?
3 476 Q. Yes?
4 A. Yes.
8 that right?
10 478 Q. There was not one there dating from the time prior
13 479 Q. No, so this was opened. Into that account came what
14 monies exactly?
16 480 Q. Certainly?
18 481 Q. Yes?
19 A. It just says:
23 Mr. McCann?
24 A. Yes.
64
1 A. No, no. I am sorry it hasn't. This has been
3 is...(INTERJECTION).
5 A. In Fyffes.
9 prepare this?
14 A. So, anyway:
24
26
"...in relation to this structure.
27
We have supplied some bank statements
28 in connection with this period of
activity. The statements supplied
29 refer to Guinness & Mahon Cayman Trust.
There were other accounts on which
65
1 there was no reference to Guinness &
Mahon Cayman Trust."
2
4 A. Yes.
5 489 Q. Then the money that was transferred into IFA came
7 A. I believe so.
8 4 90 Q. Right.
11 A. Yes, yes.
15 need it back.
16 493 Q. So...(INTERJECTION)?
20 in it?
21 A. Yes, yes.
26 your researchers...(INTERJECTION)?
66
1 A. And research.
4 A. Yes.
5 498 Q. You set out how the funds in these bank accounts
10 A. Yes, yes.
12 A. Yes.
14 A. Yes.
22 A. Yes.
24 personnel?
25 A. Well, yes.
26 504 Q. Yes?
67
1 506 Q. No. Okay. Just two things in relation to what you
5 money?
6 A. Yes .
8 A. Yes .
12 509 Q. Yes?
14 510 Q. Right?
17 511 Q. Yes?
21 it.
26 A. Absolutely not.
68
1 period and, you know.
5 515 Q. Right?
7 complete.
13 Mr. McCann.
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
69
1 MR. NEIL McCANN WAS EXAMINED AS FOLLOWS BY
17 guidance.
18 519 Q. Yes?
27 situation?
28 A. Yes.
70
1 A. Sure.
4 A. Yes .
6 A. Yes .
9 A. Yes .
11 A. Yes .
19 527 Q. Yes?
2 A. Absolutely not.
3 529 Q. Yes .
7 530 Q. Yes?
14 raised?
21 It. . . (INTERJECTION) .
24 remember by whom.
27 Mr. O'Keeffe
29 certain records.
1 MR. O'KEEFFE: Yes.
4 clients.
14 case?
15 A. I think so.
20 A. Yes.
24
26
27
28
29
73
y-\ajs.va GXXKYIO^J
Appendix XV (44) (1) (b)
Miltown Grange
Castlebellingham
. Co. Louth
2 nd March 2000
m f *
For ease of reference I have divided nry response to the questions raised by you in Appendix
C into two parts. Part A deals with the personal affairs of myself and my wife including any
companies controlled by either or both of us and Part B deals with the affairs of Fyffes Pic (of
which I am Chairman), its subsidiaries from time to time and its predecessors.
PART A
I have been a long-standing client of Guinness & Mahon Limited (the Bank) where I
maintained and continue to maintain a small current account (my principal account being
mflintainftH with ABB). I started my relationship with the Bank during the 1971 bank strike.
From time to time I invested someftmds with the Bank in accounts which were at all times
designated "resident accounts".
Question (1)
I am advised and believe that I am entitled to answer this question in the negative because I
do not believe that I caused a Deed of Trust to be executed and transferred money or other
assets to such a trust. However, I attach afile copy of an undated letter which appears to.
have been sent by me to Guinness & Mahon Cayman Trust limited [EX2]. This letter was
obtainedfrom thefiles of my advisors SKC, now known as KPMG, arising out of a search
conducted at my request for the purpose of enabling me to furnish this reply. This letter
constitutes the only documentation in my custody or power in relation to Guinness Mahon
Cayman Trust Limited and its possible involvement in nry personal affairs. I have no further
information or recollection on who may have advised in relation to the establishment of the
trust or as to whether it was ever actually established.
From this letter it would appear that on 31 March 1972,1 may have caused a settlement for
die benefit of the issue of my parents, the late Charles and Rosetta McCann, to be created by
John Andrew Furze who appointed Guinness & Mahon Cayman Trust Limited as trustees.
Notwithstanding the reference to Mr.ftirze in the letter I have no recollection of ever having
heard of Mr. Furze until the public disclosure of his name in relation to the McCracken
Tribunal. I never met him.
The letter suggests that the trust, if established, may have owned the share capital of Blue
Limited. I recollect nothing about Blue Limited and have not been able to obtain any
information in relation to this company despite enquiries made on my behalf with the Registrar
of Companies in Grand Cayman [EX3] and searches conducted at the Companies Registration
Office in Dublin.
From the letter it would appear that the trust's interest in Blue Limited was disposed of.
However apartfrom the information supplied above I do not hawe any further or more detailed
responses to your questions 1(a) - to - 1(g) in relation to the foregoing events which occurred
almost thirty years ago. hi particular my recollection and that of my advisors at that time,
SKC, is that if the trust was ever put in place, I never settled any assets or transferred any cash
to such trust and that the trust was never used.
Question (2)
Question (3)
I did not avail of the service described.
Question (4)
I did not avail of the service described.
Question (5)
I did not avail of the service described.
Question (fi)
See reply at (1) above.
Qnestion(7)
I did not avail of the service described.
Question (8)
See reply to (1) above.
PARTS
Fyffes pic is an Irish publicly quoted company of which I am currently a director and the
chairman. I control approximately 10% of Fyffes pic. Fyffes pic was incorporated in 1980
and acquired the fruit distribution business previously carried on by another Irish company
Fruit Importers of Ireland limited which was incorporated in 1968.
I set out below my responses to the specific questions raised dividing my response between
Fyffes pic and Fruit Importers of Ireland Limited
Fyffes pic
In all cases the response is given in relation to Fyffes pic and each of its subsidiary or
associated companies.
Question (1)
Question (2)
Question (3)
Question (4)
Question (5)
Fyffes pic did not avail of the service described.
Question (6)
Not applicable.
Question (7)
Fyffes pic did not avail of the service described.
Question (9)
None.
FII had dealings with two Cayman Island companies in the early 1970ies, namely Paris
Investments Limited and International Fruit Agents Limited which are dealt with in more detail
below. The Company held the shares in Paris Investments Limited in trust for the
shareholders of FII. Apart from this I am not aware of any connection between the Company
and these two companies at that time. In particular I do not know, whether these companies
or any of their assets were managed by the Company at that time and accordingly it is not clear
whether these companies are covered by theforms of your letter. .
As this transaction pre-dated the Corporation Tax Act, the Capital Gains Tax Act and the 1974
Finance Act, I have been advised by KPMG that the transaction does not give rise to any Irish
tax exposure for the companies involved or for the shareholders in FII.
I am not aware of what, if any, service was provided by the Company in relation to these
bank accounts.
I believe that all of the funds transferred into these bank accounts together with interest earned
thereon were applied (1) in the transfer of part of such funds to FIIfrom 1976 to 1980 in
circumstances where FII believes that the said amounts were brought into the P & L account
of FH for die relevant year and accordingly would haveformed part of the profits liable to tax
for that year; (2) in making payments to suppliers from November - to - December 1976 and
March - to - June 1979; (3) in making payments to personnel of ^E; and (4) in discharging
bank charges and other costs. Despite extensive enquiries no closing statements far these bank
accounts have been located nor are there any accounting records available reflecting the
closure of these bank accounts. Full disclosure of relevant facts has been made to the
Revenue Commissioners.
I am advised and believe that any Exchange Control consents required in respect of Paris
Investments Limited were sought and obtained try the Bank. I attach a copy of a letter from
the Bank to Story & Phelan, Chartered Accountants, dated 19 October 1972 [EX7]. I do not
know whether Exchange Control consent was necessary or obtained in relation to the
transactions undertaken by International Fruit Agents described above.
Other
Guinness and Mahon Limited have supplied me with a copy of a telex [EX8] which refers to
a dollar deposit in the name of FII containing, at the relevant time, $29,927.54. The fact that
John Furze was the author of the telex and a handwritten reference to "GMCT file" appears
in the top corner suggests a link between the account and the Company. The telex refers to the
debiting "of the sundry sub company account" and a hand-written note indicates that two drafts
for the total amount in the account, after deducting a number of expenses, were made payable
to me. I have no recollection of receiving these drafts. No reference to this account has been
located in what remains of the records of FII. Having enquired of a former employee of the
Bank I am advised that the references to the "sub-company * account and to replenishing the
account refers to an inter-bank account between the Bank and the Company. I have carried
out or have had carried out an extensive review of all of my personal bank accounts and
financial affairs and I am satisfied that these drafts were not given to me for my personal use.
Appendix XV (44) (1) (c)
oenes.xcj.ax owneranip^^ip^x^^^equip
.'< .bee n": lodq e<i\w si is1 ^'-i^apie s,a
: •«;. .. - Grand CayrtaiA;'; Briti8h';.i?es€.'I«.difeisrj
.. * :. .. ; - •.• .. •••*.' -v-'^v. ^'''F&Yto^nlimWEBB
• 'tion'as' tescrw.&g^nt
-
<in the "joint\ s-3
• •. • •• VI • •'.
a'nrJ. Van^nv 4-ri Ka raT^nea^ a\
• . x- : v.- • •>> . • . r .
Appendix XV (44) (1) (d)
A
Authorisation to open Deposit Account
STRIBUTION OF COPIES WHITE : CUrialSrctlom. YELLOW»B***i»tMtmytr. HNK ; Cash. BLUE : Ctntnl ««mr CHE
Account OpanadB V ! Daw Opanad: Authorlnd By : & - f M ^ L - . Data
fe^cL lo-** Control Qarlcal
A/C Contact
— y•• • '•• •—-
' Aridiini
FRMFO Oft** -r.
FORWARD INFORMATION TO 1 •
i •mif' r**)*^" >••«• •• Mt^ft M
3
• CALL/NOTICE
AMOUNT Off DEPOSIT
CALL
RataX RataX RataX RataX
2 OAYS.. 7 DAYS.... 14 DAYS.
DEPOSIT airiTrn nnii in
RataX RataX
I MONTH 3 MONTHS... OTHER tSo.ctfy,.
MATURITY DATE If-. ^ RataX
FIXED TERM
DEPOSIT
STANDING INSTRUCTIONS TO RELODGE
_ o r->
Appendix XV (44) (1) (e)
Authorisation to open Deposit Account
I DISTRIBUTION OP COPIES WHITE: On** S*ct<o*. Y1LL0Wi tmktntMumftr. PINKI Ctth.
CHECKLISBLUE:
T CtntrmlPiling
Account Opanad By: Data Opanad J Data
Clarkal
Sontrol
Account Nun*: / C F ,/fa-i
A/C Contact
Addran:
STATEMENT MATURITY
REQUIREMENTS INSTRUCTIONS
AMOUNT OP OIPOSIT
RataX KaaaX
CALL/NOTICE
DEPOSIT call .Jgfl 2 DAYS. 7 DAYS..——— T4 DAYS.——n-
Ra«X
1 MONTH 3 MONTHS..TirrntTinnim gTHtn
'T lietHfri,,.
FIXED TERM MATURITY DATE Ran X
DEPOSIT
STANOING INSTRUCTIONS TO RELODGE
I InvMtmant Curamari AIfapptlctblt
/C Hek bux [with
staff Accan [
If tppllablt
ount".vf tick box with an "X" | |
GM DUBLIN
14.10*77
REGARDS
JOHN FURZE
t
\
5205 MARS E l
305GUINNESS CP
a a
Appendix XV (44) (1) (h)
SDHDRY .
statement SU9. .Wa,.!! ![account CLASSIFICATION NK -.GR.QDP.
UNDER OATH
accurate transcript of my
Stenographer
PRESENT
MS. MACKEY BL
LAVERY HOUSE
EARLSFORT TERRACE
DUBLIN 2
INDEX
WITNESS EXAMINATION
MR. ROWAN
MS. MACKEY
1 THE EXAMINATION COMMENCED, AS FOLLOWS, ON WEDNESDAY,
9 Court.
12 as I am sure you
4
1 and now I'd ask our solicitor, Ms. Cummins, to
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
5
1 MR. ARTHUR GIBNEY, HAVING BEEN SWORN, WAS EXAMINED
2 AS FOLLOWS.
5 us with a number of
9 A. Yes.
12 A. Yes.
15 1) ?
16 A. Yes.
18 the...(INTERJECTION)
24 handed).
29 A. Yes.
6
1 6 Q. It says:
14
15 Then:
21 A. Yes .
22 8 Q. Do you see:
25 A. Yes .
27 A. Yes .
29 £147...(INTERJECTION)?
7
1 A. Yes.
2 11 Q. Yes.
5 A. Yes.
6 12 Q. Is that correct?
8 13 Q. Does that mean Mr. Gibney that at that time you had
11 14 Q. Yes?
12 A. Yes.
14 A. How it occurred.
16 A. Yes.
18 A. Yes.
20 A. Detail.
21 19 Q. As you can?
22 A. Yes.
24 A. Yes.
25 21 Q. Mr. Gibney?
29 22 Q. Yes?
8
1 A. Mr. Desmond Traynor was our accountant and we became
5 23 Q. Yes?
11 24 Q. Yes?
14 25 Q. Yes?
22 Managing Director.
23 26 Q. Yes?
9
1 27 Q. Yes?
13 number of companies.
14 A. Yes.
17 different names.
20 Mr. Gibney?
23 A. Sure, Okay.
25 A. Yes, sure.
26 32 Q. To the Inspectors?
27 A. Certainly, yes.
29 A. Yes.
10
1 34 Q. Just answer my questions then, will you please?
4 that?
5 A. Yes .
7 A. Yes .
9 Cayman Islands?
18 38 Q. Yes?
24 trust.
25 39 Q. Yes?
6 40 Q. Yes?
9 Mr. Gibney?
10 A. In terms of dates?
12 A. Well...(INTERJECTION).
16 have...(INTERJECTION).
18 a...(INTERJECTION)?
26 A. Yes .
28 A. Yes .
2 discretionary trust?
4 48 Q. Yes?
5 A. Yes.
10 A. I am not, no.
12 A. Yes.
19 my children.
20 53 Q. Yes?
23 54 Q. Well...(INTERJECTION)?
24 A. I adopted a son.
13
1 A. Yes, I was adopting a child at this stage but I
3 had families.
6 trust?
10 A. Yes .
21 A. Yes .
3 the Caymans?
5 64 Q. You did?
8 65 Q. For... (INTERJECTION)?
9 A. In the Caymans.
10 66 Q. For you?
12 67 Q. Yes. However, you used the money that was sent out?
13 A. Yes, I did.
23 69 Q. Yes?
26 A. Yes.
28 A. Yes.
29 72 Q. To the Cayman?
15
1 A. Yes.
4 of that.
5 74 Q. You must have known the amount that was sent out?
8 it not?
9 A. Yes, yes.
10 76 Q. Yes?
13 A. Yes.
14 78 Q. For you?
15 A. Yes.
18 Mr. Traynor?
23 of property developments.
25 the Caymans?
26 A. Yes.
28 A. Yes.
16
1 out?
21 A. Em...(INTERJECTION).
17
1 88 Q. Right. These profits went out to the
2 Cayman Islands?
6 89 Q. Yes?
9 were...(INTERJECTION)?
12 Bride Street.
14 remember?
20 94 Q. Yes?
21 A. Yes.
22 95 Q. Initially?
25 undertakings.
26 96 Q. Yes?
28 dealings.
18
1 document, that I have just given you, that there was
2 £147,000 there?
3 A. Yes.
4 98 Q. In 1977?
5 A. Yes.
9 100 Q. Initially?
10 A. Yes.
12 A. Yes.
14 A. Yes.
15 103 Q. Did you return the interest that that earned to your
24 A. Yes.
25 107 Q. Yes?
29 A. Yes.
19
1 109 Q. Just to make clear, just so we can understand it,
3 A. Yes.
5 A. Yes.
9 here in Dublin?
10 A. Yes.
18 it.
20 A. Yes, yes.
22 A. Yes, yes.
24 tax?
25 A. Yes.
27 Cayman deposit?
28 A. Yes.
20
1 which you could obtain payment, cash, from this
4 particular account.
5 119 Q. Does that mean that you did not take any payments
6 from it?
9 A. No.
11 A. No.
12 122 Q. At all?
13 A. No.
15 A. No.
16 124 Q. So...(INTERJECTION)?
17 A. Not to my knowledge.
20 Islands?
21 A. Yes.
22 126 Q. On deposit?
23 A. Yes.
27 A. Yes.
29 A. Yes.
21
1 129 Q. In which you had -- with which you could draw on if
2 you wanted?
6 personal...(INTERJECTION)?
7 A. Yes.
9 A. Yes.
11 A. Yes.
14 is it?
23 A. No.
22
1 difficulties ?
2 A. Yes .
4 A. Yes .
7 A. Yes .
14
16 A. Yes .
26 143 Q. Well...(INTERJECTION).
28 just...(INTERJECTION)
7 A. Yes.
9 A. Not clearly.
13 A. Not to my knowledge.
15 A. No.
19
22 3)(Same Handed)?
23 A. Yes.
24 150 Q. £142,000?
25 A. Yes.
28 that but the security then was these -- was the sums
24
1 A. Yes .
4 A. Yes .
6 A. Yes .
7 154 Q. It reads:
15 a number of sites.
16 155 Q. Yes?
24 157 Q. Yes?
26 158 Q. Yes?
4 A. Thank you.
6 A. Traynor, yes.
8 and confidential?
9 A. Yes.
11 A. Yes.
13 Mr. Stephenson?
14 A. Yes.
15 164 Q. It says:
18
19 A. Yes.
20 165 Q. Then:
24
26 A. Yes.
27 166 Q. If you could turn over two pages you will see the
26
1 A. Yes.
2 167 Q. Then:
6 A. Yes.
8 A. Yes.
13
15 A. Yes.
18 Islands.
19 171 Q. Yes?
20 A. Yes.
22 A. Yes.
24 trust?
25 A. Yes, yes.
26 174 Q. Yes. The funds in the Cayman Islands are yours and
27 Mr. Stephensons?
28 A. Yes.
27
1 statement that your solicitor sent us (Exhibit 5)?
2 A. Yes .
3 176 Q. Do you see on the first page, the end of the first
4 page:
8 A. Yes .
13 178 Q. Yes?
16 outside my control.
21 the moment?
22 A. Yes .
24 was a trust?
25 A. Yes, yes.
28 A. Yes .
29 182 Q.
"Which related to property development
28
1 activities."
7 184 Q. Yes?
9 185 Q. Yes?
13 occurred?
14 A. Yes.
18
19 A. Yes.
22 189 Q. Yes?
23 A. Yes.
29
1 A. Yes.
2 191 Q.
"...At this time in the late 1970's
3 Mr. Traynor advised Mr. Gibney that in
recognition of his co-operation in
4 settling his indebtedness, Mr. Traynor
would set aside a sum of approximately
5 £25,000."
13 192 Q. Yes?
17 193 Q. Yes?
28 194 Q. Yes?
30
1 probably not terribly involved. He was more
11 195 Q. Yes?
21 City Bank.
22 196 Q. Yes?
26 about £35,000.
27 197 Q. Yes?
31
1 firm with no assets and my solicitor, who at that
14
17
27 that, that was owed, but he said; "I will set aside
32
1 as a security. That is the figure that is referred
2 to here.
4 A. I know it is a bit...(INTERJECTION).
6 A. I am sorry.
8 A. Yes.
10 A. From the money that we had paid back. The debt that
12 202 Q. No. What account? Was this an account that you had
22 accepted...(INTERJECTION).
29 mine.
33
1 205 Q. Yes?
4 I...(INTERJECTION).
13 A. I think it was.
15 A. Yes.
17 A. Yes.
25 A. 1977.
28 215 Q. Yes?
34
1 around that period.
3 A. Yes .
6 that time?
7 A. Yes .
9 difficulties ?
10 A. Yes .
13 220 Q. Would you just look over at the next page, at page
14 three?
15 A. Yes .
22 What is that?
35
1 the money.
4 available to you?
5 A. Yes.
7 A. Well, by the...(INTERJECTION).
12 225 Q. Yes?
14 226 Q. Yes?
20
21 A. Yes.
28 me.
29 229 Q. Yes?
36
1 A. He wanted me to do some work on his house because my
6 230 Q. Yes?
9 your name".
11 A. Yes.
13 A. Yes.
15 A. Yes.
19 235 Q. Yes?
22 236 Q. Yes?
25 237 Q. Yes?
28 you produced?
29 A. Yes.
37
1 239 Q. You produced the "Ansbacher" Limited accounts and
3 account.
4 A. Yes.
6 A. Yes.
10 A. Yes.
15 A. Yes.
17 A. Yes.
19 A. Yes.
21 A. Yes.
23 figure?
25 247 Q. Interest?
38
1 A. Yes .
3 A. Yes .
5 A. Yes .
6 251 Q. Then:
10
11 A. Yes .
12 252 Q.
"Withdrawals in relation to the second
13 account were effected by our Client
contacting Mr. Traynor"
14
15 A. Yes .
16 253 Q.
"To the best of our Client's
17 recollection most withdrawals received
from Mr. Traynor were in cash."
18
19 A. Yes .
20 254 Q.
"After Mr. Traynor's death our Client
21 contacted Mr. Traynor's secretary,
Ms. Joan Williams who advised him that
22 he should contact a Mr. Collery. Our
Client could not contact Mr. Collery
23 and ultimately contacted
Sam Field Corbett who formerly worked
24 in Guinness & Mahon. Money withdrawn
after Mr. Traynor's death was usually
25 in cash."?
26
27 A. Yes .
39
1 A. Very infrequently. Not on a regular basis.
3 you made?
5 257 Q. Can you remember then how much you would have
14 withdrawals.
15 259 Q. No, just tell me, apart from the documents, what can
16 you recall?
18 £4,000, £5,000.
40
1 consistently doing odds and ends on his house, not
5 money?
7 263 Q. Yes?
9 264 Q. Where?
10 A. In Fitzwilliam Street.
12 A. Yes.
14 A. Yes.
19 A. No.
22 270 Q. Yes?
24 271 Q. Then the money just rose there and you just left the
25 money there?
26 A. Yes.
27 272 Q. Did you return the interest from this for your
28 income tax?
29 A. No, I didn't.
41
1 273 Q. You did not?
2 A. No.
5 A. Absolutely not.
7 A. I am quite certain.
14 A. No.
15 278 Q. Did you know for example what A/A2 was on these?
16 A. No.
19 A. No, he didn't.
22 281 Q. Yes?
24 282 Q. Yes?
27 A. Yes.
42
1 Guinness & Mahon, and then in the IIB Bank?
2 A. No.
4 A. No.
7 287 Q. Yes?
13 Commissioners himself.
15 A. No.
16 289 Q. The position then was that this money was there, you
18 A. Yes.
20 A. Yes.
23 292 Q. Yes?
28 293 Q. Yes. Then it was after that then that you -- did
43
1 early 1990's?
3 six months.
5 before 1992?
9 frequently.
28 Mahon and...(INTERJECTION).
44
1 from this Amiens Securities Limited?
13 A. No.
25 303 Q. Yes?
45
1 any further questions to you. However, I would like
5 A. Yes, certainly.
9 SHORT ADJOURNMENT
10
11
16 questions?
17 A. Yes.
18
20 COSTELLO.
21
22
23
24
25
26
27
28
29
46
1 MR. A. GIBNEY EXAMINED AS FOLLOWS BY MR. ROWAN.
7 A. That is right.
11 309 Q. Both?
21 Haughey Boland?
47
1 architecture work, not that he wasn't involved in
2 architecture work.
3 311 Q. Yes?
17 accountant.
29 thereabouts?
48
1 A. The 1970s.
4 316 Q. Yes?
5 A. Yes .
8 ...(INTERJECTION)
9 A. Yes .
13 yes .
14 319 Q. Right.
49
1 mortgage end of it. Mr. Traynor was centrally
2 involved in that.
8 322 Q. Yes?
20 development ?
50
1 to Cayman?
12 property purchases.
15 vague.
20 A. Yes.
22 period?
23 A. Yes.
24 329 Q. Lets suppose that your share of the profits had been
26 Mahon?
27 A. Yes.
51
1 A. Yes, I think that...(INTERJECTION)
4 I perceive it.
5 332 Q. Yes .
8 Mr. Stephenson.
9 334 Q. Yes?
12 A. Yes .
14 A. Yes .
24 made.
28 it were.
53
1 would you like to ask Haughey Boland if they have
6 A. All right.
7 341 Q. Yes?
8 A. Certainly.
11 343 Q. Where over the period we've been talking about, 60s,
12 70s, 80's now, where have you been resident for tax?
13 A. Here in my house.
14 344 Q. In Ireland?
15 A. In Dublin, yes.
19 A. Yes.
21 A. Yes.
26
54
1 solicitor wrote that on your behalf?
18
22 consortium.
24 A. Yes, he would.
29 distribution.
55
1 351 Q. But he had an interest in it?
2 A. Yes.
9 Haughey Boland?
10 A. That is right.
12 investment?
13 A. Yes.
16 as your advisors?
17 A. Yes.
19 A. Yes.
21 investment?
23 359 Q. Yes?
56
1 further property transactions, albeit, a little
2 unwillingly.
7 Hotel.
13 A. Certainly.
16 7) ?
17 A. Yes.
18 365 Q. Which says where you will see that you and others
21 366 Q.
"In consideration of your placing at
22 the disposal of Beresford Investments
Limited?"
23
25 Investments, yes.
28 it many times.
29 368 Q. Yes?
57
1 A. With other names but if it relates to one site or
5 369 Q. You see Mr. Gibney that the people who are giving
9 A. Yes .
11 A. Yes .
13 A. Yes .
21 A. Yes .
58
1 Beresford Investments.
3 together?
59
1 379 Q. Turning now to another company which you mentioned,
2 Ailesbury Securities?
3 A. Yes .
14 A. Yes .
20 mentioned?
27 A. Yes .
60
1 and I was unconscious of the need to do it at the
10 of.
12 £25,000 aside?
13 A. Yes, it was...(INTERJECTION).
16 such...(INTERJECTION).
21 A. Yes .
24 substantial...(INTERJECTION)?
26 392 Q. Yes?
61
1 own architectural firm going again?
2 A. Yes.
5 sitting in an account?
62
1 fund and he said, look, listen he said pensions you
5 396 Q. You make him sound, you make Mr. Traynor sound, in
25 kid.
27 Mr. Gibney.
28
63
2 MR. JUSTICE COSTELLO: Ms. Mackey
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
1 MR. GIBNEY WAS EXAMINED, AS FOLLOWS, BY MS. MACKEY
6 follow?
7 A. Sure.
10 A. Cayman, yes.
13 it was a trust?
14 A. Yes.
15 400 Q. Then you were doubtful because you felt a trust was
17 A. Yes.
18 401 Q. When did you become aware that you could touch this
19 money?
25 there was some other deal going on, there was a lot
65
1 was but after this man Reid came in, they were
19 403 Q. Mr. Traynor did not ask you then if you could use
21 way it happened?
66
1 but I never thought about saying, can I move some of
3 404 Q. Is that the first time that you knew you could use
9 (Exhibit 5)?
10 A. Sure.
12 A. Yes .
14
"In relation to the first account, all
15 transactions on the account were
conducted by Mr. Traynor."
16
21 and closing?
23 transactions.
29 410 Q. Yes?
1 A. Yes, certainly. The names of the people who were in
21 suggested it?
27 accountant.
28 414 Q. Okay?
68
1 and it was more or less as an accountant I think.
8 416 Q. Yes?
12 A. Yes.
15 set aside, you did not know where it was and you
19 about it.
20 419 Q. When did you become aware that you could actually
24 420 Q. Yes?
69
1 became aware you could take money out?
5 422 Q. Did he say to you that few thousand would come out
7 A. Yes .
10 424 Q. Was that around 1980, when would that have been?
14 Mr. Traynor...(INTERJECTION).
20 A. Yes .
23 A. Yes .
25 A. Yes .
26 429 Q. How much did you feel you could withdraw. You were
29 A. I didn't.
1 430 Q. You did not?
2 A. I didn't.
6 got.
8 time that you got these statements did you know how
10 A. No.
11 433 Q. When you went along to Mr. Collery and he gave you
14 A/A2?
15 A. Yes .
20 A. No, I didn't.
21 435 Q. Did you not wonder why something without your name
22 on it...(INTERJECTION)?
29 A. I didn't know.
1 438 Q. What did you do?
5 440 Q. You did not raise the matter with him and say, are
15 441 Q. But you did not go back to him when you had a chance
16 to look at it?
18 get him and rang numbers for a period and could not
22 what.
25 444 Q. When was the last time you saw a balance on it? It
29 A. Nothing.
1 446 Q. Have you spoken to Mr. Collery in recent times about
2 it?
10 for...(INTERJECTION).
20 what it was.
73
1 A. That was, let me see?
5 him...(INTERJECTION)?
6 A. I didn't.
17 A. No, no I didn't.
23 A. No.
27 A. Yes.
74
1 A. I would find him the same way I found him before. I
4 in Kindle Banking?
6 Eastwall.
7 A. In?
10 address.
16 you would contact him and if you would ask him where
19 and a statement?
20 A. Okay.
22 A. Yes, certainly.
2 466 Q. The £25,000 so you knew when you went along to him
4 A. Yes.
10
16 amount of it.
18 have those.
20 companies?
25 A. Okay.
29 A. Yes.
76
MR. JUSTICE COSTELLO: We will require you,
Certainly.
Y A ^ 3LO o o
Appendix XV (45) (1) (b)
IStb October 1977.
Tours sincerely,
P. O'Dwyer,
Loans Officer.
CAYMAN
Dear Sir,
"We reft-r to the facility letter dated 28th
September, 1976 ard addressed to you by us. We have
been informed by Guinness Mahon Cayman Trust Limited
that they will carry out your instructions in the
following respect.'.'.:
1. Existing hypothecation agreements relating
to Call Deposits made with them will be
cancelled and funds so deposited with them
will be hypothecated against your personal
loan account and that of ilr. Sam Stephenson's
in this Bank only.
2. Existing second lien on Call Deposits will
be cancelled. ^
3. £20,000 is- to be transferred to our order in
connection with Gemini and your Cayman deposits
are to be debited correspondingly.
• .
Yours faithfully,
GUINNESS & UAIION LTD.
^ u l p ^ J Jfaut
Appendix XV (45) ( l ) ( d )
i• •
r
Dear Sir,
ire are pleased to confirm that Gulnness+Hahon
Limited are preparnd to make a iaoility available to
you, subject to thu following terms and conditions:-
Cl) Borrower: Arthur Gibney. '
(2) Amount: £142,973.40 (One Hundred and Forty
Two Thousand, Nine Hundred and Seventy
Three Pounds Forty Pence) - Irish fi.
(3) Tern: A l l funds advanced are repayable on
demand, but in any case not later
than 80tb September, 1977.
(4) Interest: Ye propose charging interest on tbe
Loan at 12% per annua fixed. Interest
shall be debited to the account and
become payable hjr*you on tbe Slat *
December, 31st March, 80th June and
at maturity, of the Loan.
(8) Drawdown: Tbe funds will be.mad© available to
you by way of'Loan-Account in your
name. Such funds will be drawn by
you on the 1st October, 1976 by
transfer to your existing Loan Account
in repayment thereof.
(6) Liquidity If there shall be any Increase in the
Clause: cost to us of making or maintaining the
Loan by an amount which we deem material
resulting from any changes in the reserve
or liquidity requirements to which we
may be subjected, then we shall be
entitled to call for payment of additional
/over
-t
" Liquidity Clause
(Contd.): interest of such amount as we shall
certify as the amount required to
compensate for such Increased cost
with effect from the date of notification.
You shall be at liberty within one month
after such notification and without
payment of any premium or penalty-to
repay the full amount of. the facility
outstanding together with interest at
the rate applying prior to notification.
Yours faithfully,
For GUINNESS+'MAHQH LIMITED
P. O'Dwyer
Loans Officer
B.J. llcliojfghlln
Authorised Signature
Appendix XV (45) (1) (e)
STRICTLY PRIVATE k CCWriDZMTIAL
G.McC.
JDT/AJV
s. tissa EHt
taiMi< lW,ri7. IS Dr. tm,m. to nr. 1229,981. (5.Dr.
Stififcuun Blbaw M^ bueliUi. I K.M1. OB Dr. ( 5MS1. o* or. • fill Jtt. )« Dr.
We actfor Arthur Gibney of 47 Leeson Place, Dublin 2 who has passed us your letter of
the 20* January.
Firstly we would wishtoapologise on our Client's behalf for the delay in responding.
Our Client's comments will havetobe taken in the context of the fact that many of the
relevant events occurred between twenty and thirty years ago. No documentary evidence
was available to our Client until he was furnished with documentation on two occasions
over the course of the past two years by Guinness & Mahon.
Our Client does not believe that at any time he had either a Caymeu Island or Jersey
Trust
In the late 1960s and early 1970s our Client practised as an Architect in Stephenson
Gibney & Associates. Our Client and Mr. Stephenson were involved in several large site
acquisitions in this period, the largest of the sites acquired being the old Fitzwilliam
Lawn Tennis Club (upon which now stands the I.D.A. building) and some property on
the Appian Way. At that time, Guinness & Mahon was the lead Banker of a group of
Bankers, which financed these transactions.
Our Client did have Caymen deposits in this period which related to his property
development activities.
r*
- 2 -
"J'
In or about 1974, there was a severe downturn in the property market leaving the Banks
from whom our Client and his partner had borrowed exposed on their security. Our
Client disposed of all of the properties in which he had an interest and in order to make
up the shortfell on borrowings, our Clientfound himself having to sell a house which he
had bought in Enniscarthy, County Wexford and a house at St Laurence's Road,
Clontarf, which his Wife had owned,tosettle his indebtedness with Guinness A Mahon.
At this time our Clients Caymen Deposits were repatriated to pay off these Irish loans.
Copies of the correspondence which our Client received fiom Guinness & Mahon
regarding this are attached and these set out the names of persons with whom our Client
dealt in this period in addition to Mr. Des Traynor at the Bank.
The correspondence does refer to Guinness Mahon Caymen Trust Limited, but as
indicated above our Client does not recall having executed any Trust documentation. He
does recall on one occasion having met Des Trayoor of Guinness & Mahon together with
an Expert who he believes was called Don Reid when he received advice about the use of
Offshore Deposits and Trusts. This would have been in or about the early or mid 1970s.
By the mid 1970s the entire of our Client's assets had been consumed by his liabilities
due to the Banks on loans tofinance property development. At this time in the late
1970s, Mr. Traynor advised Mr. Gibney that in recognition of his co-operation in settling
his indebtedness, Mr. Traynor would set aside a sum of approximately £25,000. At this
time portion of the debts which he had incurred tfah Mr. Stephenson remained
outstanding. Mr. Stephenson disputed portion of the debt and made settlement over a
longer period than Mr. Gibney. Mr. Stephenson continued to make payments from the
indebtedness until some time in the early 1980s. Our Client understood that had Mr.
Stephenson not dealt with his side of the liabilities due, the £25,000 referred to by Mr.
Traynor would have been appropriated by the Bankfor debt reduction.
Some time in the early 1980s Mr. Traynor informed our Client that the amount set aside
by Mr. Traynor/Guinness & Mahon Bank still existed. Our Client was never advised at
to the manner in which these funds were held, never received a statement or Annual
Certificates of Interest, was never advised that the funds were off-shore and nor did he
receive any correspondence or information whatsoever in relation to these monies.
The first occasion on which our Client received correspondence relating to the monies
was when he was notified by Guinness & Mahon of the Moriarty Tribunal on the 16* of
January 1998. It took our Client from January until March of 1998 to establish the
otfrIt<UATION SHEET No. HAYES IS SONS
-3-
..J
a. In relation to the earlier Account, our Client was informed of the service by Mr.
Des Traynor and Mr. Don Reid. Our Client is unaware of Mr. Raid's address and
no correspondence exists other than thatfamished herewith. Our Client believes
that Mr. Reid was a partner in Stokes Kennedy Crowley, whichfirm advised Mr.
Traynor. As stated above our Client was unaware that the second offshore
deposit had been set 19. He has no documentation relating to it other than as
furnished and believes that it was set up by Mr. Des Traynor.
b. & c.Our Client can not give any further information or documentation in relation to the
first account other than as set out above. Our Client cannot be specific as to
when the second account was set up but it appears to have been sometimein the
mid 1980s. No sums were deposited by him. "He has no further documentation
other than that which has been furnished herewith.
d. In relation to thefirst account, all transactions on the account were conducted by
Mr. Traynor, who had an interest in the property transactions conducted by our
Client Withdrawals in relation to the second account were effected by our Client
contacting Mr. Traynor. To be best of our Client's recollection most withdrawals
. receivedfrom Mr. Traynor were in cash. After Mr. Traynor's death, our Client
contacted Mr. Traynor's secretary, Mrs. Joan Williams who advised him that he
should contact a Mr. Collery. Our Client could not contact Mr. Collery and
ultimately contacted Sam Field Corbett whoformerly worked in Guinness &
Mahon. Money withdrawn after Mr. Traynor's death was usually in cash
although on one occasion a withdrawal was by means of a cheque drawn on the
Irish Intercontinental Bank.
r*
-4-
..J
e. Not to our Client's knowledge. Our Client didreceivea queryfrom the Moriaxty
Tribunal by letter dated 10 July 1998 relating to an account in the name of
Amiens S/L No. 2 Account. A copy of our response thereto dated 7* August
1998 is attached.
f. A-A2. '
With regard to Irish Intercontinental Bank Limited, our Client was unaware of this
service except to say as stated above that one of the cheques which he received was
drawn on the Irish Intercontinental Bank.
With regard to item 4 on page 12, our Client did have loansfrom Guinness & Mahon for
the purpose of his practice as an Architect at 20 Harcourt Street. These loans, however,
were unsecured and copies of the documentation furnished to our Client are attached
together with handwritten statement showing details of interest and repayments made
from our Client's Practice.
With regard to item 5 on page 12, our Client did noj have any dealings with Irish
Intercontinental Bank or Kreditbank N.V. other than as stated above.
With regard to item 6 on page 13, our Client did not applyfor Exchange Control in
relation to any transactions. He is unaware as to whether or not any other person so
applied.
If any clarification of the matters set out above is required, please do not hesitate to
contact us.
Yours faithfiilly,
A N S B A C H E R LIMITED
P.O. Box 887 Qrand Cayman British Waal Indies
Talaptiona No. 8—4653/4
Afisbacher Limited Telax CP 305 Cabla Addraaa Qulnnaat
baywn
A/A2
51/10/92 98431.96
s CARRIED FORWARD /
4
L-W.WJAIJ.lH.lg^.i.llhlf A N S B A C H E R LIMITED
P.O. Box 887 Grand Cayman British Waal Indfaa
• ^nsbacher United
Telephone No. 9—4853/4
Telex C P 305 Cable Addraaa Qulnnaaa
caywu
31/12/92 100260.38
CARRIED FORWARD
n
A N S B A C H E R LIMITED
P.O. Box 887 Grand Cayman British Wast Indiaa
Talaphons No. 0—4863(4
«
IILTON SOSS Telex CP 309 Cable Address Qulnness
A/A2
L J ACCOUNT NUMBER 8000X029 PAOE
BALANCES SHOWN A M Mfc s t a r l i n g
[HAM
HAMILTON BOSS
A/A2
ACCOUNT NUMBER 80001029 P A Q E 22
BALANCES SHOWN ARE i t «tar ling
30/04/97 103101.82
CARRIED FORWARD
Appendix XV (45) (1) (h)
Guinness & Mahon Ltd., /
17, College Green, /
DUHLIN. 2. —
Dear Sirs,
- In conalderationof your Placing at the
disposal of BEBISIOKD iKVlB'BlfiiTS LIMITED 29, Molesworth
Street, Dublin, (hereinafter referred to as
"the Principals", which expression shall include the
successors in title to the Principals) a loan facility
of up to £72,500 (seventy-t»o thousand, fiv® hundred
pounds) on terms and conditions set out in a letter
dated 5th January, 1970 addressed by you to the Principala,
we the undersigned L.D. McGonagle, K.P. O'Rellly-Hyland,
J.D. Traynor, J.J. Mnnegan, S. stephenaon and Arthur
Gibney hereby guarantee to you that in the event of the
Principals failing for any reaaon whatsoever to place
you in funds, sufficient to repay whan due any loan
or loana made or liabilities incurred under such loan
facility or failing for any reaaon whatsoever to pay
you as and when the same ought to be paid any commission,
interest, other charges and expenses, including legal
cos.ts, payable to'you under the terms of such loan
facility, we ahall forthwith jn demand remit to you the
full amount of every loan or loans made or liabilities
incurred then o u t s t a n d i n g , together with an amount-equal
to all commlasion, interest, *ther charges and expenses,
including legal costs, unpaid as aforesaid PROVIDED
ALWAYS that the liabilities enforceable against us
respectively under this guarantee shall not exceed in
total 85% of any loss incurred by you in consequence of
your loan and shall not exceed in the case of any one
of us the sum of £10,000.
• r
1
No change whatsoever in the constitution
of your Company or in the constitution of the Principals
shall Impair or discharge our liability under this
guarantee.
Appendix XV (46) Mr Francis P Glennon
1. Evidence relied upon by the Inspectors in arriving at the conclusion relating to Mr
Francis Glennon.
Dear Gareth,
I would be grateful if you could arrange to let me have
for collection from your Reception Desk a Sterling Draft for
Stgx£S8Q ,OOOiOO payable to MfK»Waltk GletiWJn.
Please debit the cost to our Account No.01087-027-81V O <SO\«.
%
cOC ts J^Mof^—ff
Yours sincerely, * J 0 ^
c
T
Pi Travnor,
JDT/AJW
Appendix XV (46) (1) (b)
Rvfe
Dear Chris,
Please transfer sbaoher Limited Account
No.13154602 to 's Currant Account.
Yours sincerely.
"J.D. Traynor.
JDT/AJW
Appendix XV (46) (1) (c)
01 612035
05/03/90 15s16
tLCMmbm* snay
Dear David,
i n i z K a i
JDT/AJW
To g i v e n o t i c e o f t h i s r e t i r e m e n t a copy of t h i s l e t t e r is
t>«lng s e n t b y Any p r o b l e m s - p l e a s e ' p h o n e .
Appendix XV (46) (1) (d)
«t 7«144/763066 42 FITZWILLIAM SQUARE
^esknifi*: 612035
DUBLIN 2.
2nd A p r i l , 1990
M. D a v i d H u m p h r i e s , E s q . ,
S e n i o r Manager - O p e r a t i o n s ,
G u i n n e s s ft Mahon L i m i t e d ,
17 C o l l e g e G r e e n ,
DUBLIN 2 .
Dear David,
Could you p l e a s e a r r a n g e for the transfer of IRES,000
to
A l l i e d I r i a h Banks,
12 S t . S t e p h e n ' s G r e e n ,
Dublin 2,
f o r c r e d i t o f t h e A c c o u n t of
F r a n c i a P. Glennon, Eaq.,
Account No.10387035.
T h e d e b i t s h o u l d b e t o Kentford S e c u r i t i e s L i m i t e d Account
No.12460002.
Yours sincerely,
J.D. Traynor
JDT/AJW
Appendix XV (46) (1) (e)
OJbM
Ansbacher Limited
A Uwmbtr oft>» Hwnry Ambacbtr Holdfngt PLC Utrchanr Banking Group
Dear David,
Could you p l e a s e a r r a n g e t o t r a n s f e r IR£5,000.00 to
A l l i e d I r i s h Banks
12 S t . S t e p h e n ' s Green,
Dublin 2,
f o r c r e d i t of t h e Account of
F r a n c i s P . Glennon
Account No.10387035
JDT/AJW
Appendix XV (46) (1) (f)
— ^ -|f7Ansbacher Limited
fLC Mtrchmti Banking Orovp
Dear David,
Could you p l e a s e a r r a n g e t o t r a n s f e / £ 2 , 5 0 0 . 0 0 from A n s b a c h e r
S n i t e d Account No.13154602 t o t h ^ C u r r e n t Account of
Mr. F . Glennon.
Yours sincere
j.D. Traynor
JDT/AJW
Appendix XV (46) (1) (g)
ibacher Limited
A Menbtr gfth* Bmry Aiabochtr
XC Uttthm* BankIng Group
Ctjnu, British Wat tafia
Pleasereplyto: f Hwaos (»8) 949-4633/4
42 Fitzwffliam Sqnjurct Tata CP 4309
Dublin 2. I Buc (MS) 9494946
009) 9494367
Tel: 765144/763065 I _ ^ .
Fax: 612035 FT Z ^ ^ * * !
1
I ** * — —1««-»''lunaiVi j
4th Dei
M. David Humphries, Esq.,
Senior Manager - Operations,
Guinness A Mahon Limited,
17 College Green,
I -I DPBLIN 2.
Dear David,
Could you please arrange the risfer of Stg.£2,500 from
Ansbacher Limited Account No. \54602 to the Account of
Mr. Frank Glennon.
Tours sincerely.
J.D. Traynor.
V
i
JDT/AJW
T
Appendix XV (46) (2) (a)
ARTHUR COX
I:.\KL.SI:ORT CI:M RI-:, ILARI.IRORT THRRACH, Dl'HI.IN 2
:
Tix +353 1 618 0000 I.\x +353 I 618 0618 Dx 27 Dl'HI.IN
N'I W YORK
HI i I v.-1 570 I .L:\IXLITOX AVKXI-I:, I II pl.OOR
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Direct Dial: 618 0530
Ms Mary Cummins 7
Solicitor
Office of the Inspectors Appointed
by Order of the High Court to
Ansbacher (Cayman) Ltd
3rd Floor Trident House
Blackrock
Co Dublin
Dear Ms Cummins,
I refer to the letter from the Inspectors dated 31 st July addressed to Mr David A Glennon and
I wish to notify the Inspectors that my clients, David A Glennon and Frank Glennon Limited,
wish to reply to the preliminary conclusion reached by the Inspectors in relation to Francis P.
Glennon, deceased.
Firstly, on a point of clarification, my clients would request that all references to the late Mr
Glennon should read "Francis P. Glennon, deceased", in order to distinguish him from Mr
Frank Glennon (junior), one of his sons.
My clients consider that the statement of preliminary findings of the Inspectors (enclosed
with the Inspectors' letter) and/or the inferences that may be drawn therefrom, as presently
worded, are adverse to the interests, good name and/or reputation of the late Mr Glennon and
Frank Glennon Limited.
It is my clients' opinion that the available evidence clearly shows that the late Mr Glennon
was not a resident of Ireland at the relevant times in relation to this matter, having left Ireland
in 1984 approximately, with Exchange Control clearance from the Central Bank of Ireland
and with clearance from the Revenue Commissioners. Therefore, it is my clients' strongly
held view that any statement of a finding that the late Mr Glennon was a client of Ansbacher
should include a statement to the effect that at all relevant times Mr Glennon was not resident
in Ireland and had transferred his assets abroad with clearance from the Central Bank of
Ireland and the Revenue Commissioners.
(AMI ? O'DW'YI K 1'U I>k McUii'in.ix
I AI I.III I\ IAN A. S K H T lonx G. I:L-II |)AXII:I. K. O'COXNOR Pirn-IR ROIIIKT ISOI.TOX JOHN V O'DWYMR RONAX WALSH HI'OI-XK P FAXXIXC
UONOGII CKOWI I:Y JOHN S.W'AI.SII MHTIAU. MIAUIIX JO~I:I'II I.I;YI>I:N WIII.IAM JOHNSTON I:I\:I:XI: MCCAIHI: N'ILIUH.AS G. MUORI-: DI-XI.AN HAYLS
HA\ IN (VDONOIIOI: COI M I)I\;I; W C 0 ' ? N 11\AN I?AIIN. I OI IA JOHX MI AMI: CONOR MIDOXNIT.I. PATRIC K MCGOVLRX GRAIXXL HLNXL^SY SIUMTS GIVLN COLIN BYRNH
:
CAWII INI: DIM IN CI WAX lioi OI K GRLOORY GLYNN DAMDIOIIY 5n:riiiN : HIV.ARIY I)IAL\N DRISHNI: SARUI CYNMIT KATIII I:I:N GARRI:TT PADUMC. O RIORIWIN DR. MABY REDMOND
HI 1/mu:i ii IIOTIIS i J i Xmiii ULKKL WN ' 11 \M L)\V ANDKIVI I.INNY|onx Mrxrox PATRICK O'HRIHX OKI A O'CONNOR BRIAN O'CORMAK MARK SAI'NDKKS
C'OX^IIIANI?; VlX(T NI W'\l ~ll 1 )l XI? J. UI IvVTN Cl I L I \U II )l I I.\M11 I ON NIAI .1. Ml' I.AlII IN I)R. YVOXNL Sl'ANNLLI. 1>R. RoitLRT C-
l'ARK
ARTHUR COX Page 2
My clients are also strongly of the view that the reference to "Frank Glennon Limited" in the
third paragraph of the letter of 5 th March 1990 from J D Traynor to David Humphries of
Guinness & Mahon Limited should be deleted (in the same way as references to other names
have already been deleted by the Inspectors from the second paragraph and third paragraph
respectively of that letter).
My clients would respectfully request the Inspectors to make the changes referred to above in
their statement of findings which will form the basis of their report to the High Court (insofar
as the late Mr Glennon is concerned).
I should be grateful to hear from you further in this regard, in due course.
Yours sincerely,
r
A
RONAN WALSH
Appendix XV (47) Mr Paul Goode
1. Evidence relied upon by the Inspectors in arriving at the conclusion relating to Mr
Paul Goode.
FROMi T.R.L.
Anna,
Christopher Goosen.
UNDER OATH
accurate transcript of my
Stenographer
PRESENT
MS. MACKEY BL
WITNESS EXAMINATION
9 investigation.
10
14 Dublin.
15
19
20
21
22
23
24
25
26
27
28
29
4
1 MR. CHRIS GOOSEN, HAVING BEEN SWORN, WAS EXAMINED AS
9 1 Q. On the 4th...(INTERJECTION)?
12 A. Sorry.
17 A. Thank you.
21 A. Yes.
24 that, appendix C?
29
5
1 That you had with the Company. That is with
3 called Ansbacher.
12 anything.
13 7 Q. No. You wrote saying that you did not have any
19 have?
20 A. Yes.
22 Company?
29 11 Q. Yes?
6
1 A. Although I doubt...(INTERJECTION).
9 14 Q. Yes?
21 A. No.
23 dealings?
26 A. Yes.
7
1 A. Not to my knowledge.
4 22 Q. In Dublin?
5 A. In Dublin, yes.
8 A. No.
9 24 Q. Did it come...(INTERJECTION)?
12 A. Yes.
16 A. No.
25 in the UK.
29 the Company?
8
2 30 Q. Perhaps, then you might just give me a summary
4 Super Ser Limited and any other company that you may
12 31 Q. Yes?
18 the UK.
19 32 Q. Yes?
24 Ireland.
25 33 Q. Yes?
9
1 can't really remember whether UK was in that one.
4 34 Q. Yes?
8 35 Q. Yes?
15 interested in.
16 36 Q. Yes?
27 A. Yes .
3 43 Q. Yes?
5 a period of time.
6 44 Q. Yes?
12 A. That is correct.
26 been...(INTERJECTION).
27 50 Q. Well... (INTERJECTION) ?
29 lived here.
11
2 A. And I may have been back on occasions but very brief
3 visits.
5 A. Yes.
10 remained.
13 A. Yes.
16 A. Yes.
19 A. Yes.
21 A. Yes.
23 A. Yes.
25 A. Yes, indeed.
27 A. Yes, indeed.
28 61 Q. Did you...(INTERJECTION)?
12
2 A. The companies also paid tax in England obviously.
4 A. Yes.
6 England then?
7 A. Yes.
10 three houses.
11 66 Q. Yes?
16 67 Q. Yes?
18 68 Q. Yes?
20 15 years.
24 A. No, Sir.
13
1 72 Q. Yes. You would come back to visit her then from
3 A. Not really.
6 74 Q. Yes?
17 right?
23 78 Q. Yes?
2 small.
3 79 Q. Yes?
6 80 Q. Yes?
9 A. Yes.
11 A. Yes.
13 he give...(INTERJECTION)?
16 A. I don't recall.
17 85 Q. Who...(INTERJECTION)?
20 86 Q. Yes?
24 you or he or both?
15
1 did it to start with.
3 A. Lindsay Motors.
4 89 Q. Mr. Lindsay's?
5 A. Yes, yes.
6 90 Q. Yes?
11 introduce it there.
21 92 Q. Yes?
23 93 Q. Just continue?
24 A. Because...(INTERJECTION).
25 94 Q. Just continue?
16
1 to the UK to start the Company -- when I needed
9 95 Q. The question I had asked you was when you went, you
13 96 Q. Yes?
16 97 Q. That what?
3 103 Q. Yes?
7 A. Yes.
13 107 Q. Yes?
14 A. Yes, I did.
19 109 Q. Yes?
18
1 111 Q. Do you recall did you meet him about anything
7 factory in Spain.
8 112 Q. Yes?
14 tax affairs?
15 A. No, no.
16 114 Q. Did you have an adviser for your own personal tax
29 A. Yes .
1 118 Q. Did it continue that Haughey Boland were the
5 Company's accountant.
6 119 Q. Yes?
13 something else.
14 121 Q. Yes?
19 A. Yes .
27 A. Yes .
29 trading?
1 A. That is right.
3 A. I think 1983.
7 A. Yes .
9 A. No.
18 1990. It is:
19
"Dear David, Could you please have
20 someone make the necessary arrangements
with Guinness Mahon & Co. in London so
21 that Mr. Chris Goosen may call in some
time on Thursday, 2nd August, to
22 collect Stg.£20,000.00 in cash.
21
"... Perhaps you would have someone
2 confirm to Joan or myself that it will
be in order for Mr. Goosen to call to
3 Guinness Mahon on Thursday so that I in
turn can confirm the arrangement to
4 him."
9 A. No, Sir.
18 A. And...(INTERJECTION).
23 137 Q. In cash?
25 138 Q. In cash?
26 A. Yes.
28 A. No.
22
1 referred to there?
5 142 Q. Yes?
7 143 Q. Or Deny?
8 A. Deny really.
10 receive it?
12 145 Q. Just a moment Mr. Goosen. You are under oath now
14 it?
15 A. No, I don't.
19 Dublin or in London?
21 147 Q. What would you say then? Did you ever receive
22 money?
25 it.
27 A. Yes.
23
1 150 Q. No. I am not asking specifics?
2 A. No.
9 152 Q. Are you saying that these are the payments for your
10 shares ?
18
"Dear David, Could you please have
19 someone make the necessary arrangements
with Guinness Mahon & Co. in London so
20 that Mr. Chris Goosen may call on
Thursday morning next, 18th October,
21 about 11 a.m. and collect
Stg.£20,000.00 in cash.
22
Mr. Goosen has called to Guinness Mahon
23 & Co. on several previous occasions and
is probably known to some of the staff
24 members."
25
27 A. No, I don't.
24
1 the conclusion that you got £20,000 around about the
4 from that.
15 getting?
24 shares ?
27 A. No, Sir.
2 of £2 0,000 in cash?
5 explanation first?
7 164 Q. Yes?
12 trial.
15 166 Q. No. Mr. Goosen, I will tell you what we are doing
18 Mahon?
19 A. Yes .
21 A. Yes .
26
1 A. I can only say the same answer as I have said to
3 169 Q. Can you explain why you were taking the money in
4 cash?
5 A. No, Sir.
12 legal representation.
16 do not understand...(INTERJECTION).
22 that on.
27 (Exhibit 5).
27
1 your jurisdiction to me.
4 A. Yes .
8 A. Yes .
10 A. Yes .
15 Ireland?
16 A. Yes .
20 A. Yes .
25 Mr. Traynor?
26 A. Yes .
28 now?
29 A. Right.
1 181 Q. So we will continue. If you...(INTERJECTION)?
5 of that enquiry.
6 182 Q. No, you are not outside the scope of the enquiry.
8 A. Right.
10 A. Right.
12 A. Yes.
15 is...(INTERJECTION)?
17 186 Q. Yes?
21 advice?
22 187 Q. When you say "we start talking about The High
27 188 Q. Yes?
29 189 Q. Did you discuss our letter with any legal person in
29
1 England?
2 A. No.
4 A. No.
9 Mr. Goosen?
20 advice?
30
1 interested in.
2 195 Q. Yes?
6 questions ?
7 A. No, Sir.
8 197 Q. No?
9 A. No, no.
14 of?
15 A. Yes .
21 advice on...(INTERJECTION).
22 200 Q. No. It means that if you -- you can decide that you
24 the basis that you have not got legal advice. You
31
1 A. Okay. I mean I believe I have been fully
6 hostile.
18 A. Yes.
21
"Dear David, I should be grateful if
22 you would arrange to let me have a
draft for Stg.£25,000.00 payable to
23 Mr. C. Goosen.
26 And it is numbered.
27
"...Padraig Collery will call to the
28 Bank at 3.00 p.m. this afternoon and I
would appreciate if he could collect
29 the draft at that time"?
32
2 A. I have no specific recollection.
3 207 Q. No?
8 A. No.
9 210 Q. Sorry?
10 A. No, I don't.
13 Dublin?
14 A. No, Sir.
15 212 Q. Sorry?
16 A. No, I don't.
19 214 Q. Pardon?
24 posted to you?
25 A. No.
33
2 218 Q. Do you think it is likely you did?
3 A. No.
11 £100,000?
12 A. Yes. I think the ones that I have got here are
13 £85,000?
16 £100,000?
17 A. Yes.
25 A. Yes.
26 226 Q. Why would they have been paying you that sum,
34
1 would be receiving it would be for the sale of my
2 shares.
4 A. Yes.
9 be.
17 A. I can't recall.
21 A. No.
23 A. For my shares.
24 236 Q. Yes. You were unpaid between 1983 and 1990 for your
25 shares?
26 A. I can't recall.
35
1 You say these might have been payments for the
2 shares ?
5 you.
12 Mr. Goosen?
14 there.
22 242 Q. Yes?
26 A. Yes .
27 244 Q. They must have been in touch with you about it, were
28 they?
36
1 it. It was a question of getting something or
3 245 Q. Yes?
4 A. So, yes.
10 it with them?
11 A. Yes, I did.
14 A. Yes.
16 shares?
18 251 Q. Yes?
29 255 Q. You see there are documents here which show that you
37
1 received sums of £20,150 on a regular basis from
6 A. Yes .
17 Ansbacher.
25 A. Yes .
38
1 A. Well, I was there on a number...(INTERJECTION).
4 263 Q. Yes?
7 A. Yes.
9 A. Thank you.
10 266 Q. Do you see these are Henry Ansbacher & Co. Limited
17 A. Yes.
22 A. Yes.
27 A. Yes.
39
1 A. Its the same thing that we have been talking about.
3 drawings?
5 but...(INTERJECTION).
10 273 Q. Are you saying then that these are drawings of the
17 275 Q. You told me, with the other document that I have
26 A. Yes.
28 A. Mr. Traynor.
40
1 A. Well, it was with Mr. Traynor that I made the
2 arrangement.
6 281 Q. Yes?
9 282 Q. I see. The sale of the shares then, you gave the
12 A. Yes.
13 283 Q. Did he tell you where he was doing so, where he was
15 A. No.
18 A. No.
20 A. No.
23 287 Q. He did?
24 A. Yes.
27 the post.
29 A. Yes.
41
1 290 Q. When you met him, you met him in Ireland?
2 A. Yes.
5 I was in?
7 A. Yes.
8 293 Q. You would go into the offices and meet Mr. Traynor?
9 A. Yes.
11 investments?
12 A. Yes.
15 A. Yes.
16 296 Q. How often would you have gone into him then?
17 A. Not often.
19 A. No.
21 A. Yes.
23 A. No.
27 A. No.
28 302 Q. Did you know that the funds that he had invested
42
1 A. Yes, that was the whole point.
7 behalf?
8 A. Yes.
15
21 our investigation.
22
43
1 305 Q. Yes. Very well?
3 I might need.
5 A. Please?
7 A. Thank you.
12 A. Yes .
28 not be.
3 of...(INTERJECTION).
9 A. Right.
12 A. Okay.
19 A. No.
21 A. Yes, yes.
25 A. No.
4 A. Okay.
7 coming today?
15 A. Okay.
17 A. Okay.
19 A. Thank you.
21 A. Thank you.
22
24
25
26
27
28
29
46
AT
V^vfH-v-
"JV/ S"' •lAfi^Ol O-OO'L
,T6
R. W. STAMPS
Notary PubHs
Appendix XV (48) (1) (b)
r*
»
. n — &
, :— A M mb q
Ansbacher Limited
• '' * " fam Btnry
***** BoiOngJ PLC Merchant Mmktog Omqt
1
r d ' iv. ' to. Bm W, Onnd Ckymu, Brifcb Wat IndUi
<».' Pleajereplyto. Phone (KB) 9494633/4
s
42 FitzwHliam Square, TdncCP4joj
' ' Dublin 2. * * 252JE22
Tel: 765144/763065 («*>WM*7
Fax: 612035
30th July, 1990.
M. David Humphries, Bag.,
Senior Manager - operations,
Guinness & Mahon Limited,
17 College Green,
POBLIN 2.
Dear David,
Could you please have someone make the necessary arrangements
with Guinness Mahon * Co. in London so that Mr. Chris Goosen
may call in some time on Thursday, 2nd August, to collect
Stg.E20,000.00 in cash*
Mr. Goosen has called to Guinness Mahon i Co. on numerous
occasions and is probably known to Brands Bartlett but, as
usual, I will ask him to bring his Passport with him for
identification purposes.
The debit should go to Ansbacher Limited Account No.13154602.
Perhaps you would have someone confirm to Joan or myself that
it will be in order for Mr. Goosen to call to Guinness Mahon
on Thursday soJ that
M A L I
J . in turn can confirm the arrangement to
hiy.
%
/
Yours sincerely.
J.D. Traynor.
3 R
Appendix XV (48) (1) (c)
£*Hi6i-r 3
Ansbacher Limited
nCMmham Banking Grvu.
Dear David,
Could you please have someone mi the necessary arrangements
with Guinneas Mahon I Co. in on so that Mr. Chris Goosen
may call on Thursday morning , 18th October, about 11 a.m
and collect Stg.£20,000 in i
Mr. Goosen has called to Gtiinness Mahon ft Co. on several
previous occasions and is^probably known to some of the staff
members. He will, oy course, bring some identification wi
him.
Please debit the costf to Ansbacher Limited Account No. 131546C
Yours sincerely.
J.D. Travno:
JDT/AJW f
Appendix XV (48) (1) (d)
i*rr it
Dear David,
C o u l d you p l e a s e make t h e n e c e s s a r y a r r a n g e m e n t s w i t h G u i n n e s s
Mahon ft Co. i n London s o t h a t Mr. C h r i s Goosen may c a l l i n t h e r e
o n F r i d a y 1 4 t h December and c o l l e c t S t g . £ 2 0 , 0 0 0 i n c a s h .
M r . Goosen h a s c a l l e d i n t o G u i n n e s s Mahon on numerous
o c c a s i o n s a n d i s known t o B r e n d a B a r t l e t t and I am s u r e t o
o t h e r s t a f f members. He w i l l , of c o u r s e , b r i n g - s o m e form o f
i d e n t i f i c a t i o n with him.
B e c a u s e of t h e s h o r t n o t i c e , I p r o p o s e s e n d i n g a copy o f t h i s
t o you by f a x w i t h t h e o r i g i n a l f o l l o w i n g i n t h e m o r n i n g .
. ' e r h a p s y o u c o u l d h a v e someone r i n g J o a n t o c o n f i r m when
a r r a n g e m e n t s h a v e b e e n made s o t h a t s h e may a d v i s e Mr. G o o s e n .
f^' x'he c o s t s h o u l d b e d e b i t e d t o A n s b a c h e r L i m i t e d A c c o u n t
No.13154602.
f ^ JDT/AJW
Appendix XV (48) (l)(c)
Ansbacher Limited
A Member of the Henry Ansbacher Holdings PLC Merchant Banking Group
Dear David,
I should be grateful if you would arrange to let me have a
draft for Stg.£25,000.00 payable to Mr. C. Goosen.
The debit should be to Ansbacher Limited Account No.13154602.
Padraig Collery yill call to the Bank at 3.00 p.m. this
afternoon and I would appreciate if he could collect the draft
at that time.
To expedite matters I am sending this to you by fax and
Padraig will bring the original with him when he calls this
afternoon.
Yours sincerely,
J.D. Traynor.
- A :
JDT/AJW
Appendix XV (48) (1) (f)
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4 iST CO LTD DATES 11APR9I
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^ n ,
Change I .( II
GRAND CAYHAN • of
BRITISH NEST INDIES
Address
overtaaf.
CAYHAN ACCOUNTS
CIBTC CAY
Henry Ansbacher & Co. Limited
MEVHANT BAMCEU
CURRENT AMOUNT
1111-190017-101 PAGE NO: 566
STERLING STATEMENT OF ACCOUNT
DM
jwwtwj
-l*r
3
01
•si iIAPR9tr "20,100.00
I I JS&J» cjsma i: I
(MMHymiaiwMNni
ilwtii
If , V1' *'* G13 **
Appendix XV (48) (1) (q)
1190017101
^1190^1
1SCOJ0002 CAYMAN *NO TRUST CO LTD OATEs 7F< ^-190017-101
P 0 BOX 117 advisaa
GEORGE TOWN • Change
GMND CAWAN
BRITISH VEST INDIES of
Address
CAYHAN ACCOUNTS ovaritaf.
fa if
AFEB9*
4FEB91
I I 20,100.00 1
| F/OJJ? dmis GOOSEJi I I I
01
a>
Iff!
..to « •» > mW IK *
L0
Jt-i
'iwkxlMii'Mh •*WTJovlHh»
• mkxiMMMuxMilM
N:
Appendix XV (48) (1) (r)
CATIW unlet • *V"\IIII"I»»WH •»•
DNA Nl» lliuai kV bltf •sv"^
P 0 BO.
GEORGf •gr OlSOfl®
fiKAND w
BRITISH NEST M»I» i of
Addnu
CAY
' KAN ACCOUNTS
Cod |
CASH FOR CHMS
fiOOSEN I I
i
tuaf,
** B02 M
Appendix XV (48) (1) (s)
CAYHAN ^BAW WO TRUST CO LTD DATE: 180 III-WOOIWOI P1«>m
P 0 BOX ' M M M I
6E0R6E T l M
GRAND CAYHAN
' "A
Change
BRITISH VEST INDIES of
Address
CAYHAN ACCOUNTS
it to*
CIBTC CAY Henry Ansbacher AT&l. Limited
CURRENT ACCOUNT WnOUNt MNUM
Mm|torn* llfc. I ; n . Imin 1QA1AH. T>Mi IIW TW> TMw tm»n WW
3TERUN6 1111-190017-101 PASS NO: 510
STATEMENT OP ACCOUNT
jviM D»H|
|H3CT93 1 .— I "TO^SKWrp
I I CASH.HI MOSS | | I
1 1 B/« JttUin SEC! I . 1
*»»•«»—ti^a'ii a—«
AA KtQ A*
Appendix XV (48) (1) (t)
ANSBACHER
) DATE: lit... -190017-101
R||||
• • •
b Change
BRITISH WEST INDIES of
Address
OVMlMf.
CAYHAN ACCOUNTS
5MAT92
I I 20,000.00
" CASUS. Ml GOOSE*
J L L_i
IIBIIMWI ^ THWWK IlliB .(Ml*llnwMkthM** H»fctli«il»n •MWawiMk
«H»<»IIII » R » N M I L M » » II •IlkMOMrwMB
A* K09 **
Mi
Appendix XV (48) (1) (u)
I 11
6 - 8 1 1
uu
. % !i
•V
lis
li.
I J !
HI C <
.PS i
||I
wSSS
o
«a
•e uLL
ui
•S
5Sk _
5 8
2
Ui
u.
TN
Appendix XV (48) (1) (v)
•3 W
Statementfrom Francis Christopher Goosen
The company carried out the business of importing gas heatersfrom Spain and selling
them in Ireland. Initially during thefirst year or so I was the only person actively
working at this business because it was so small.
By 1970 the business had developed well in Ireland and I moved to the United
Kingdom to set up a business there. Super Ser Heaters (UK) Ltd wasformed as a
wholly owned subsidiary of Super Ser Ltd. And at a later date Impact Heaters (UK)
Ltd wasformed to import a different brand name of heater. This company was also a
wholly owned subsidiary of Super Ser Ltd.
I lived and worked in the UK between 1970 -1978 employed by Super Ser Heaters
(UK) Ltd and Impact Heaters (UK) Ltd. During this time my position was Managing
Director of these companies engaged in the development and importation of a range
of gas heatersfrom Spain, which we distributed throughout the UK. Ardant Heaters
Ltd. Was an additional companyformed in Ireland to manufacture heaters. During
thistimethe company used the services of Guinness & Mahon Bank of Dublin for its
financial services and Haughey Boland Ltd. of Dublin as its accountants.
In 1979 there was a difference of opinion between myself and Mr Hairy Lindsay as to
what we should do. Mr Lindsay was determined to expand into the United States and I
wanted to sell the companies. Mr Lindsay had the casting vote and my efforts to sell
were blocked. I resignedfrom the companies in 1979.
Between 1979 - 19831 was engaged in the production of a series of underwater
documentaryfilms, which werefilmed around the world. During this time I had
nothing to do with the running of the companies. I later learned that during this time
the companies had many problems and in 1983 my shares were sold. After this I had
no further dealings with the companies although I did continue to use the services of
Guinness and Mahon Bank in the form of Mr Traynor who had brokered the sale of
my shares to an American company. The proceeds being sent to an offshore company
in the Cayman Islands which Mr Traynor had set up. I understand that this was a
legitimate procedure and that the company was professionally run and that where
appropriate the company accounted for taxes.
In conclusion I would like to confirm that I have not resided in Ireland since 1970 and
I have not been actively associated with any company or business in Ireland since
1979. The companies that I was associated with up to that date, accounted to the Irish
Revenue as required.
Dear David,
Could you please arrange to let mm have zor collection a
Sterling Draft for Stg.£2f000 payable to Clare Griffin.
The coat should be debited to Ansbacher Limited Account
No.13154602.
Yours sincerely,
JDT/AJW
Appendix XV (49) (1) (b)
o
Ambachor limitfd
_ _
Pkuereplyto: tJ0.WmW.0mi
42 FkzwiQiam Square, (H)MMiO/4
Dublin 2. (W) waff
m7«514V763065
Rue 612035
14th Deceabar, 1990.
N. D a v i d H u m p h r i e s , S s g . ,
S a n i o r Manager - O p e r a t i o n s ,
A G u i n n e a s ft Mahon L i m i t e d ,
17 C o l l e g e G r e e n ,
PUBLIW 2 .
Daar D a v i d ,
Could you p l e a s e a r r a n g e t o l a t a a have f o r c o l l e c t i o n on
T u e s d a y a o r a i n g n e x t 1 8 t h December:
(2) XR£1,000 i n c a s h .
The c o s t o f b o t h i t e m s a h o a l d b e d e b i t e d t o A n s b a c h e r L i m i t e d
A c c o u n t Wo. 1 3 1 5 4 6 0 2 .
Yours sincerely,
J.D. Traynor.
JDT/AJW
Appendix XV (49) (1) (c)
Ansbacher limited
nCtMm MmBm Smm
Dear David,
Could you p l e a s e a r r a n g e t o l 4 t a e have f o r c o l l e c t i o n a
Draft f o r XR£2,000.00 p a y a b l * t o Mrs. C. G r i f f i n and d e b i t
t h e S t e r l i n g c o s t t o Ansbaaher Limited Account No.13154602.
Yours s i n c e r e l y ,
J.D. Traynor.
»
JDT/AJW
rs
Pleasereplyto: PD. Box &87, Grand Ca; Cayman Islands. British Wen Indies
94946SS Tele* CP 43(15
42 Fitzwllliam Square, Facsimile (809) 949-7946
Dublin 2.
(Fonncriy Aarindier Limited)
Tel: 676 5144/676 3065
Pax: 6612035
4 t h May, 1993.
Ronan Redmond, Esq.,
Corporate Services,
Irish Intercontinental Bank Linited,
91 Merrion Square,
DUBLIN 2.
Dear Ronan,
Yours sincerely.
F o r CAY
CAYMAN INTERNATIONAL BANK AND TRUST CO.' LTD.
y I T — HII.JE-. - i • ..
DPC/AJW I CHE£>:£?C
l»r«rv • •• »• -— N.
H-C&l
Appendix XV (49) (1) (e)
Pleasereplyto: P.O. Box ,87. o™- ^
42 RtewUIiam Square, Faataile(J09)9<9-794«
Dublin 2.
Tel: 6765144/676 306? ffoaaafy AubacferUniiaQ
Fax: 6612035 . V
• \ • , V'.'*""3*
4th May, 1993.
Ronan Redaond, Esq., •
Corporate Services,
Irish intercontinental Bank Limited,
91 Herrion Square,
DUBLIN 2.
Dear Ronan*
Could you please arrange to transfer £50.000 from our Account
No.02/01087/81 to
Barclays Bank Services (Gib.) Ltd.,
P.O. Box 187,
Regal Bouse,
3 Queans Way,
Gibraltar.
For credit tot Account Mrs. Claire and Mr. Barry Griffin
Account No.6709.
Yours sincerely,
\ /
::
V
For CAYMAN INTERNATIONAL BANK AND TROST CO. LTD
fsiGWSfiE
M
DPC/AJW
I CHEryrt
4 t h May, 1993.
Ronan Redmond, E s q . ,
Corporate Services,
I r i s h I n t e r c o n t i n e n t a l Bank L i n i t e d ,
91 M e r r i o n S q u a r e ,
DUBLIN 2 .
Dear Bona?,
P l e a s e a r r a n g e t h e t r a n s f e r of £ 5 0 , 0 0 0 . 0 0 fm*" o u r A c c o u n t
No.02/01087/81 t o
Banco N a t N e s t
C e n t r o Commercial P l a z a
Nueva A n d a l u e i a
29600 M a r b e l l a
Malaga
Spain
for c r e d i t t o : A c c o u n t Mrs. C l a i r e a n d Mr. B a r r y G r i f f i n
Aocount NO. 0 0 1 3 / 0 2 4 0 - 5 7 - 0 1 0 0 0 8 9 9 8 3
Yours sincerely,
. 'if-
j SlSfiATufiE j
DPC/AJW [CHECKgO V 5| f^y ^ ^ y ^
Mfflftl^----'
Guernsey - Monaco - Zurich - Nassau - Cayman - BVI
L
fOQt
Appendix XV (50) Mr James Griffin Jnr
1. Evidence relied upon by the Inspectors in arriving at the conclusion relating to Mr
James Griffin Jnr.
Other Information:
ADDRESS:
Mr. J a m e s Griffin 1 j n r .
IL«TMMIM*MHLM»H*«*M
1 year. 24.6.88
SOURCE OP REPAYMENT:
From Investments. *
^m^ b). Funds held in name of GMCT jf No; glva dttiili Mparatriy.
Documents o f 2nd Mortgage
will follow In due course.
BACKGROUND NOTE/
OUTLINE OF PROPOSAL:
...Jf.
R«ea(jpm*nd*d
BOARD
BY COURIER
Mr. P a d r a i g C o l l e r y
G u i n n e s s & Mahor. L e d .
17 C o l l e g e Green
Dublin 2
IRELAND
Dear Padraig,
Ref: U n i v e r s a l C r e d i t Back t o Back
I
P l e a s e f i n d e n c l o s e d a c h e q u e from J a m e s G r i f f i n Jrifc.,
f o r U S $ 4 , 1 2 5 . 0 0 b e i n g i n t e r e s t on t h e a b o v e b a c k t o b a c k
t o 3 1 s t December 1 9 8 8 .
No doubc you w i l l a d v i s e u s when you c r e d i t our
c l i e n t s p o r t i o n t o o u r CM D o l l a r a c c o u n t .
Best regards.
Yours s i n c e r e l y ,
tin..
WGD/cra \
Appendix XV (51) Mrs Jennifer Guinness
1. Evidence relied upon by the Inspectors in arriving at the conclusion relating to
Mrs Jennifer Guinness.
T
Appendix XV (51) (1) (a)
PRIVATE EXAMINATION OF
UNDER OATH
accurate transcript of my
Stenographer
PRESENT
2 0 NORTHUMBERLAND ROAD
DUBLIN 4
1 THE INTERVIEW COMMENCED, AS FOLLOWS, ON TUESDAY,
22
24
25
26
27
28
29
3
1 MRS. JENNIFER GUINNESS HAVING BEEN SWORN WAS
6 questions.
16 to? (Exhibit 1)
17 A. Yes, I do.
20 A. That's right.
27 A. Yes.
29 know him?
4
1 A. Really ever since I knew John. I don't remember, it
3 live in Dublin.
5 A. Yes .
7 A. Yes .
9 A. That's right.
16 well as friends.
18 A. Yes .
25 Cayman.
3 A. Yes .
6 A. Yes .
8 Mahon?
11 an interest in Cayman.
12 16 Q. What did you know then about a Trust that might have
15 A. Absolutely nothing.
17 A. No.
28 Trust?
29 A. Yes .
1 20 Q. Can you recollect what he told you about that Trust?
2 A. Not really.
4 A. He didn't go in to details.
6 up?
7 A. No.
9 A. Yes.
11 Trustee?
13 remember.
21 A. I think so.
25 involved?
26 A. No.
28 were beneficiaries?
29 A. Yes.
7
1 29 Q. Did he say to you that a company was holding the
17 33 Q. Ask him?
18 A. Yes .
27 Ireland.
29 A. Yes .
1 36 Q. On the occasions, because you say in your statement
5 A. I rang him.
13 account?
15 40 Q. In London?
17 Missenden, I think.
2 A. Yes.
4 A. Yes.
6 A. Yes.
11
14 A. No.
16 A. Yes.
20 A. No.
21 48 Q. None at all?
22 A. No.
24 documents?
25 A. No.
27 to me?
10
1 A. They were sort of like bank statements, I don't
7 company on top?
8 A. No, I don't.
20 A. Not really.
27 held?
11
1 show you the state of it; would it?
4 statement.
6 showed a balance?
14 had accrued?
18 valuation.
19 64 Q. When Mr. Traynor told you this Trust had been set
27 amount ?
12
1 66 Q. Moving on down through your statement, well, just
4 A. Yes .
5 67 Q. You were?
7 68 Q. Certainly.
9 I.
23 estate?
24 A. I didn't.
2 interest in anything.
5 matters ?
6 A. With what?
9 people helping.
11 A. Liam McGonagle.
14 estate?
29 became uneasy?
1 A. He had Lloyds, he was a member of Lloyds and I
14 of it?
18 you?
21 you pay your taxes in the country you live in, like
15
1 person -- I mean banking was a very respectable
4 85 Q. As you expect.
8 question.
23 I did ask.
24 88 Q. People being?
25 A. Well, Des.
27 to you?
16
1 wasn't something I wanted to continue.
5 Trust funds?
6 A. I have no idea.
8 A. Yes .
10 You had heard of him but you had not met him, so do
16 A. No.
26 A. No.
28 A. No.
29 97 Q. None?
1 A. I suppose I might have met him, but I don't think
3 with it.
6 A. Yes.
17 A. I don't know.
25 husband's affairs?
26 A. I presume so.
27 103 Q. You then say that the assets of the Trust were
18
1 that the assets were appointed to you?
4 A. No.
6 A. No.
7 106 Q. When you say the money arrived in Ireland, did you
16 transferred.
18 ask him?
22 110 Q. In NCB. When you say the Trust was dissolved, you
27 A. No.
19
1 it had been my Trust, I would have been able to deal
5 part in it.
20
1 of transaction whereby you would go to Mr. Traynor
3 A. That's right.
7 A. Yes.
19 A. I presume so.
20 118 Q. I will just show you maybe two more of around that
21
1 1991 (Exhibit 4)and it is signed with an
14 more money.'
24 A. Unlikely, yes.
28 A. That's right.
22
1 of £15,000stg. to your Barclay's bank account?
2 A. Yes.
23
1 going to London and clothes, that sort of thing.
5 Amnesty?
6 A. Late 1993.
12 A. Yes.
14 needed to have that money back here and did you then
19 ....(INTERJECTION).
29 transferred to NCB.
24
1 128 Q. How did you know it had been transferred?
3 129 Q. Did anyone tell you before that that this was going
4 to happen?
5 A. I don't understand.
10 bank in Cayman.
12 somewhere?
13 A. Yes .
19 this Trust?
20 A. Yes .
25 what?
25
1 instruction?
19 138 Q. Anyway.
26
1 A. I have no idea, I don't think I even thought of the
6 140 Q. Clearly the money was coming from somewhere that you
12 taxman.
13 142 Q. Did you ask Des Traynor to bring that back or did
24 did.
27
1 A. They were, yes, and they still are. They are KMPG
2 now.
3 146 Q. Yes, that's right. During all of this time when you
5 Mr. Traynor about it, did you discuss that with your
13 147 Q. You did not feel you needed any independent advice
23 important.
24 149 Q. Yes .
4 (SHORT ADJOURNMENT)
24 that.
29
1 153 Q. Do you know if they are still in Winetavern Street?
2 A. Yes.
4 A. I have no idea.
11 155 Q. Okay.
15
16 END OF INTERVIEW
17
18
19
20
21
22
23
24
25
26
27
28
29
30
c
Gxfvv.yuji.rN4
aooo
Appendix XV (51) (l)(b)
STATEMENT OF JENNIFER GUINNESS
My husband John died on 27 February 1988 and a short time afterwards Des Traynor
who was a personal friend of ours asked me to call to his office. I called as requested
a short time later. Mr. Traynor spoke to me about John and while I do not recall his
precise words the gist of it was that my late husband John had established a trust for
the benefit of myself and my children and that the trust was administered in the
Cayman Islands. I now realise that I did not fully appreciate what he said at the time
and indeed it took me a number of years after my husband's death before fully
appreciating the trust and other aspects of my late husband's business affairs. I do
recall Mr. Traynor saying that if I needed funds he would arrange for payment to be
madefrom the trust and I availed of this suggestion to defray the costs of a sailing trip
around the world that I embarked upon after my husband's death. Some other
payments were also made to me by the trustees.
After my return permanently to Ireland, I saw Mr. Traynorfrom time to time and on
many of these occasions he showed me statements which gave the value of the trust.
At some of these meetings I expressed a general unease about the trust, I think, on
reflexion, because of a nagging worry about taxation and also because I had no real
knowledge of the workings of the trust and no control over it or of the funds in the
trust. When the tax amnesty was announced it provided me the opportunity to
regularise my tax affairs and Mr. Traynor agreed to assist me in this. He instructed
Don Reid to act on my behalf. Mr. Reid is a tax expert of whom I had heard but had
not met. Mr. Reid made Returns to the Revenue Commissioners and entered into
negotiations with them on my behalf. Settlement was reached with the Revenue
Commissioners and a payment made to themfrom the funds of the trust which was at
that time distributed. While I signed Returns to the Revenue Commissioners I do not
have copies of these and I do not now recall the details of the discussions and
negotiations undertaken by Mr. Reid with the Revenue Commissioners on the amount
paid to them.
The assets of the trust were appointed to myself and my children at this time and the
trust was dissolved. I had no reason to think of the trust thereafter until the
McCracken and Moriarty Tribunals. Until these Tribunals I was not familiar with the
name Ansbacher (Cayman) Limited or the extent of the trust operations of that Bank.
I do not have and never had in my possession the Trust Deed or Letter of Wishes. I
do not know who the trustees were other than that the trust was administered in the
Cayman Islands. I have no knowledge of Amiens Investments Limited or Kentford
Securities Limited nor of any of the arrangements described in the letter to me of 7
February 2000 from the Office of the Inspectors appointed by Order of the High Court
to Ansbacher (Cayman) Limited.
Please reply to: P.O. Box 887, Grand Qiytmn, Britith Wot India
Phone (809) 949-4653/4
42 Fitzwilliam Square, Tetec CP 4303
Dublin! Fax: (809) 949-7946
(809) 949-3267
Tel: 765144/763065 .
Fax: 612035
| Dear David,
j.
•.crp^Could you please arrange to let me have for collection on
^Friday morning Travellers Cheques issued in the name of
$Mrs. Jennifer Guinness, Censure House, Baily, Co. Dublin.
.. - —i
I
1i - '
]Dear David,
i Could you please arrange to let me have for collection some
i U.S. Dollar Travellers Cheques for Mrs. Jennifer Guinness to
(the value of US$8,400.00. The cost should be debited to
j Ansbacher Limited re Poinciana Fund Limited No.2 Account
I No.06428030. 0 0
$ ?OQO /«- '
1
Mrs. Guinness address is: j //too ao's
Censure House,
Censure Hoad,
Baily,
Co. Dublin.
I would appreciate it if I could have these collected from you
on Monday morning 23rd November. I will then have Mrs.
Guinness sign and return the relevant parts to you withd&t
delay.
Kind regards,
Yours sincerely,
J.D. Traynor.
JDT/AJW
Appendix XV (51) (1) (e)
A Htmbtr a/ tht Jb*r An&mh* HoUhtgi Pl£ Mtrekmt Anting Croup
Dear Garxrett,
Could you p l e a s e a r r a n g e t o t r a n s f e r S t g . £ 2 , 0 0 0 t o :
B a r c l a y s Bank,
28 High S t r e e t ,
Great Kissenden,
Bucks. SPt6 OAO
f o r c r e d i t t o t h e Account of
Mrs. J e n n i f e r G u i n n e s s
Account No.00406023.
P l e a s e d e b i t t h e c o s t t o Ansbacher L i m i t e d Account No.02/010B7/B1.
Yours s i n c e r e l y .
JDT/AJW
V5U-
Appendix XV (51) (1) (f)
Ansbacher Limited
13th D t c c n b i r , 1991.
G a r r e t t Lagan, E s q . ,
Irish Intercontinental Bank L i m i t e d , -•
91 M e r r i o n S q u a r e ,
DOBLIN 2. ••
Dear Garrett,
h lr*
SBACHER LIMITED
C o V w YfiS&e^
0 ^ UlSVl,
JDT/AJW
A, WtMltK OTTKZ W(S»AC)aH IKTtWATlORU. THUTT 0*0 U? Or COkffAXDO WTTO OmCM „ , 7
Amboe*mwTWM}UMM,iMniKvnoRiBUMH. /12.2.3
cunuocY. Monaco aw jwrmauNo -Z
• llt$
1 4
Appendix XV (51) (1) (g)
Please reply to: Ansbacher Limited
42 BtrviDiam Square, P.O. Box 117, Gnad Cayman, Cayman Mindi, British Wat Indie,
Dublin! Takphane: (109) 949465i t«t«c CP 4305
Tel: 765144/763065 Ptotafla (809) 949-7946 (809) 949-5267
Fax: 612035
Dear Ronan,
Could you please arrange the transfer of Stg.SI0,000 to:
Barclays Bank,
28 High Street,
Great Missenden,
Bucks« HS15 OAU,
Bank Codes 20/02/06,
for credit to the Account of
Mrs. Jennifer <j6inness
Account No.00v(06023.
P l . a . . d«bit th* cost t o h u b a e h t r Limit.d Xccount No.
) Yours sinc.r.ly.
Zi-s JsEbnaturi
F o>E
r AWSB
ANSBACHER LIMITED (checked
/AJW
sPf ' " 5a •
. *
* u u o u cr *rm o m a i
Appendix XV (51) (l)(h)
Ansbacher Limited
Please reply to: P.O. Box 117. Grand Cayman. Cayman blinds. British W m t^iw
42 Fitzwilliam Square, Telephone: (109) 949-1635 Telex: CP 4305
Dublin 1 Facsimile (109) 949-7946 (809) 949-5267
Tel: 765144/763065
Fax: 612035
23rd September, 1992.
R o n a n Redmond, E s q . *
Corporate Services,
I r i s h I n t e r c o n t i n e n t a l Bank L i m i t e d ,
91. M e r r i o n S q u a r e ,
DUBLIN 2.
Dear Ronan, ~
Mrs. J e n n i f e r Guinness
Account No.00406023. /
/A \J ' w V ^
/
P l e a s e d e b i t t h e c o s t t o Ansbacher L i m i t e I .Account
No.02/01087/81. V
o»l
Yours sincerely.
„ A, —m
V*
F o r ANSBACHER LIMITED
/AJW
1 7
Appendix XV (51) (l)(i)
P.O. Box 887. Grand Cayman. Cayman Islands. British West Indies
Please rtply to: Telephone: (809) 949-8655 Telex: CP 4303
SqUare
' Facsimile:(809)949-7946, (809)949-5257
Tel: 765144/763065
Fax: 612035
8th February, 1993.
Ronan Redmond, Esq.,
Corporate Services,
Irish Intercontinental Bank Limited,
91 Merrion Square,
DUBLIN 2.
Dear Ronan,
Could you please arrange to transfer St?.£5,000 to
Barclays Bank,
28 High Street,
Great Missenden,
Bucks. HP16 0AU,
Bank Code: 20/02/06
for credit to the Account of
Mrs. Jennifer Guinness
Account No.00406023.
Please debit the cost to Hamilton Ross Account No.02/01354/81.
Yours sincerely,
P
111
A
V
For HAMILTON ROSS CO. LIMITED
^ { c o ntinmifg.
5 'C -c
/AJW • "f '..
Appendix XV (51) (1) (j)
Pleasereplyto: P.O. Box 837. Grand Cayman. Cayman Islands. British West Indies
42 Fitzwilliam Square, Telephone (809) 949-8655 Telex: CP 4303
Dublin 2. Facsimile: (809) 949-7944. (809) 949-5267
Td: 765144/763065
Fax- 612035
Dear Ronan,
Could you please arrange to transfer Stg.£6,000 to
Barclays Bank,
28 High Street,
Great Miasenden,
Bucks. HP16 0AU
Bank Code: 20/02/06
for credit to the Account of
Mrs. Jennifer Guinness
Account No.00406023.
Please debit the cost to Hamilton Ross Account No.02/01354/81.
Yours sincerely,
^sc&l.
Appendix XV (51) (1) (k)
P^Bwir.QwdCtynttaOrBunljta^B^A^,^
43BtndBsDSfHRi Telephone: (109) 9494633 Tele* C? 4305
S Uri: 6765144/676 3065 Facsimile; (109) 949-7946. (809)949-^7
Fax 6612035
Dear Ronan,
Could you pleaae arrange to transfer Stg.£3,000 to
Barclays Bank .
28 High Street
Great Miaaandan
Bucks. HP16 OAU
Bank Coda: 20/02/06
for credit to the Account of
Mrs. Jennifer Guinness
Account No.00406023
Please debit the cost to Hamilton Rosa Account No.02/01354/81
Tours sincerely,
liiil^ -^jt
/AJH
Zoo0
T H I S INDENTURE OF SETTLEMENT i a m a d e t h e >• !> day of —j
A.D. 1 9 7 2 BF.TWEEN J o h n H e n r y G u i n n e s s o f C e n s u r e H o u s e , Censure Rpad,
The n a i l e y , Howth, Ireland (hereinafter called "the Settlor") of the
one p a r t a n d GUINNESS MAHON CAYMAN TRUST LIMITED a c o m p a n y incorporated
under the l a w s of t h e Cayman I s l a n d s and c a r r y i n g on b u s i n e s s therein
# v
" ** (hereinafter called "the Trustees" which term s h a l l also include any
additional or successor trustee or trustees hereof) of the other •
" 'part
(h) To c a r r y on p a r t i c i p a t e o r i n v e s t i n a n y c o r p o r a t i o n
p a r t n e r s h i p j o i n t v e n t u r e o r c o - o p e r a t i v e and t o e n t e r i n t o such
l e a s e s c o n t r a c t s o r o t h e r u n d e r t a k i n g s r e l a t i n g t o t h e T r u s t Pund
o r any p a r t o f i t a s t h e T r u s t e e s s h a l l i n t h e i r uncontrolled
d i s c r e t i o n deem a d v a n t a g e o u s n o t w i t h s t a n d i n g t i a t s u c h l e a s e s contracts
o r u n d e r t a k i n g s e x t e n d or may e x t e n d beyond t h e t e r m i n a t i o n of this
Trust
(i) To i n s t i t u t e p r o s o c u t o nnd d e f e n d any s u i t s or
a c t i o n s or other proceedings affecting the T r u s t e e s or the Trust-
Fund o r a n y p a r t t h e r e o f t o compromise any m a t t e r s of d i f f e r e n c e or
compound any debit* owing t o limn AM T n i n t c n s o r any o t h e r c l a i m s and
t o a d j u s t a n y d i s p u t e s i n r e l a t i o n t o d e b t s o r c l a i m s a g a i n s t them a s
T r u s t e o s u p o n e v i d e n c e t h a t t o t h e T r u s t e e s s h a l l seem s u f f i c i e n t and
i n whole or in p a r t a t p u b l i c a u c t i o n or p r i v a t e s a l e or otherwise
and u p o n s u c h t e r m s a n d f o r s u c h t e r m s a s t h e T r u s t e e s deem
a d v i s a b l e t o make p a r t i t i o n w i t h t h e c o - o w n e r s o r j o i n t o w n e r s besides
t h e T r u s t h a v i n g any i n t e r e s t i n any p r o p e r t i e s i n which t h e Trustees
are i n t e r e s t e d and t o make s u c h p a r t i t i o n e i t h e r by s a l e o r b y s e t - o f f
o r by a g r e e m e n t o r o t h e r w i s e ( i n c l u d i n g whore deemed desirable
p r o v i s i o n f o r e q u a l i t y of exchange)
(j) To t a k e t h o o p i n i o n o r a d v i c e of c o u n s e l concerning
any d i f f e r o n c e a r i s i n g u n d e r t h i s S e t t l e m e n t o r any m a t t e r i n any way
relating t o t h e T r u s t Fund o r t o t h e T r u s t e e s ' duties in connection
w i t h t h e T r u s t Fund and i n a l l s u c h m a t t e r s t o a c t i n a c c o r d a n c e w i t h
t h e o p i n i o n of such c o u n s e l
^WITHOUT p r e j u d i c e t o t h e g e n e r a l i t y o f C l a u s e 5 h e r e o f if
t h e T r u s t Fund s h a l l i n c l u d e any s h a r e s ' o r o t h e r i n t e r e s t s i n a company
th<» o w n e r s h i p o f w h i c h g i v e s t o thorn t h o r i g h t i n any circumstances
to control the affairs of t h e Company o r of any o f i t s subsidiaries-
t h e T r u s t e e s s h a l l b e u n d e r no l i a b i l i t y o r d u t y t o a p p o i n t any
r e p r e s e n t a t i v e t o t h e Board o f t h e s a i d Company o r o f a n y o f its
s u b s i d i a r i e s and f u r t h e r s h a l l have no r e s p o n s i b i l i t y t o e n q u i r e into
o v e r s e e o r t a k e p a r t i n t h e management o r a f f a i r s o r b u s i n e s s of the
Company o r a n y o f i t ' s subsidiaries
i
7 IN a d d i t i o n t o r e i n b u r s e m e n t of t h e i r p r o p e r expenses<the
T r u s t e e s s h a l l be e n t i t l e d t o remuneration ( f r e e of a n y p r o b a t e
s u c c e s s i o n e s t a t e o r o t h e r d e a t h d u t i e s w h e r e s o e v e r p a y a b l e and a s
a first c h a r g e on t h e T r u s t Fund) f o r t h e i r s e r v i c e s a s T r u s t e e s in
a c c o r d a n c e w i t h t h e i r p u b l i s h e d s c a l e of*f%es i n f o r c e from t i m e to
t i m e PROVIDED h o w e v e r t h a t t h e T r u s t e o s may t r a n s a c t on b e h a l f of or
w i t h t h e T r u s t o r any B e n e f i c i a r y h e r e u n d e r any b u s i n e s s w h i c h b y their
c o n s t i t u t i o n t h e y a r e a u t h o r i s e d t o u n d e r t a k e u p o n t h e same t e r m s as
would f o r t h e t i m e b e i n g b e made w i t h an o r d i n a r y c u s t o m e r and w i t h o u t
accounting for aty p r o f i t t h e r e b y made and i n p a r t i c u l a r and w i t h o u t
p r e j u d i c e t o t h e g e n e r a l i t y of t h e f o r e g o i n g t h e T r u s t e e s may r e t a i n
on c u r r e n t a c c o u n t o r d e p o s i t a c c o u n t o r a d v a n c e a t i n t e r e s t all
moneys n e c e s s a r y o r c o n v e n i e n t t o b e r e t a i n e d o r a d v a n c e d in
c o n n e c t i o n w i t h t h e T r u s t and may r e t a i n f o r t h e m s e l v e s any commission
o r r e m u n e r a t i o n p a i d o r a l l o w e d by s t o c k b r o k e r s i n s u r a n c e companies
o r o t h e r a g e n t s w i t h o u t b e i n g l i a b l e t o an a c c o u n t f o r any p r o f i t
t h e r e b y made PROVIDED f u r t h e r t h a t t h e T r u s t e e s may t r a n s a c t business
on b e h a l f of t h e T r u s t or any b e n e f i c i a r y h o r e u n d o r w i t h any c o r p o r a t i o n
o r p a r t n e r s h i p i n which t h e T r u s t e e s a r e o f f i c e h o l d e r s or shareholders
or p a r t n e r s o r a r e o t h e r w i s e f i n a n c i a l l y i n t e r e s t e d o r w i t h any p e r s o n
or f i r m h o l d i n g s h a r e s o r b e i n g o t h e r w i s e f i n a n c i a l l y interested in
t h e T r u s t e e s w i t h o u t being l i a b l e t o account for any p r o f i t accruing to
t h e T r u s t e e s a s such office holders s h a r e h o l d e r s or p a r t n e r s as a r e s u l t
of s u c h b u s i n e s s and t h e T r u s t e e s may h o l d offic-e i n any c o r p o r a t i o n
s h a r e s o r s e c u r i t i e s i n which c o m p r i s e o r form p a r t of t h e T r u s t fund
and s h a l l n o t b e l i a b l e t o a c c o u n t t o t h e T r u s t f o r emoluments received
by them a a s u c h o f f i c e holders. *
(e) I n t h o e v e n t of t h e r e s i g n a t i o n of t h e T r u s t e e s hereof
o r i n c a s e t h e r e s h a l l be no t r u s t e e h e r e u n d e r G u i n n e s s Mahon Bahamas
T r u s t Company L i m i t e d o r i t s s u c c e s s o r s s h a l l become substituted
Trustees hereunder
(f) Upon t h e r e s i g n a t i o n o r r e m o v a l of t h e T r u s t e e s as
hereinbefore p r o v i d e d t h e T r u s t e e s s h a l l be e n t i t l e d t o receive
r e i m b u r s e m e n t o u t of t h e T r u s t Pund f o r a l l e x p e n s e s i n c u r r e d by them
i n c o n n e c t i o n w i t h t h e S e t t l e m e n t of t h e a c c o u n t of t h e Trustees
9. T1IB T r u s t e e s s h a l l p r o v i d e f o r t h e s a f e k e e p i n g of a l l documents
o f t i t l e a n d s e c u r i t i e s t h e s u b j e c t o f thiB S e t t l e m e n t and may a t the
e x p o n s e o f t h e T r u s t Fund (which e x p e n s e may i n c l u d e a n y c h a r g e s f o r
t h e s a f e c u s t o d y o f s e c u r i t i e s and t h e c o l l e c t i o n a n d r e m i t t a n c e
o f i n c o m e ) d e p o s i t t h e same i n t h e c u s t o d y o f a n y b a n k b a n k i n g company
c o r p o r a t e t r u s t e e or stockbroker i n any p a r t o f t h o w o r l d t h a t under-
t a k e s t h e s a f e c u s t o d y of s e c u r i t i e s a s p a r t o f i t s b u s i n e s s b u t so
that t h e T r u s t e e s a h a l l h o t bo i n any w i s e r e s p o n s i b l e f o r t h e m i s -
a p p l i c a t i o n of t h e same o r any o f them by s u c h b a n k b a n k i n g company
c o r p o r a t e t r u s t e e o r s t o c k b r o k e r o r f o r any l o s s w h i c h may b e
occasioned thereby
T H A T T H E
TRUSTEES MAT PERMIT ANT
B e n e f i c i a r y p e r s o n a l l y t o i n s p e c t any c o p y of t h i s , S e t t l e m e n t o r a n y
documents r e l a t i n g t o t h e Trust a t the p r i n c i p a l office of any
c o r p o r a t e t r u s t o e h e r e o f o u t s h a l l n o t be bound t o g i v e a n y f u r t h e r
information t o any B e n e f i c i a r y r e l a t i n g t o t h e a f f a i r s of t h e T r u s t
o r t o permit any Beneficiary t o make any*-ttopies of a n y d o c u m e n t s
r e l a t i n g to the Trust »
The S e t t l o r
nsure
1. The B a i l e i owt I r e l a n d and h i s wife o r widow
a n d I s s u e ( o f w h a t e v e r d e g r e e ) h i s p a r e n t s and t h e p a r e n t s o f
h i s w i f e h i s b r o t h e r s a n d s i s t e r s and t h e i r i s s u e ( o f W h a t e v e r
d e g r e e ) a n d t h e b r o t h e r s and s i s t e r s of h i s w i f e a n d t h e i r issue
(of whatever degree) i
UNDER OATH
accurate transcript of my
Stenographer
PRESENT
2 0 NORTHUMBERLAND ROAD
DUBLIN 4
1 THE INTERVIEW COMMENCED, AS FOLLOWS, ON TUESDAY,
22
24
25
26
27
28
29
3
1 MRS. JENNIFER GUINNESS HAVING BEEN SWORN WAS
6 questions.
16 to? (Exhibit 1)
17 A. Yes, I do.
20 A. That's right.
27 A. Yes.
29 know him?
4
1 A. Really ever since I knew John. I don't remember, it
3 live in Dublin.
5 A. Yes .
7 A. Yes .
9 A. That's right.
16 well as friends.
18 A. Yes .
25 Cayman.
3 A. Yes .
6 A. Yes .
8 Mahon?
11 an interest in Cayman.
12 16 Q. What did you know then about a Trust that might have
15 A. Absolutely nothing.
17 A. No.
28 Trust?
29 A. Yes .
1 20 Q. Can you recollect what he told you about that Trust?
2 A. Not really.
4 A. He didn't go in to details.
6 up?
7 A. No.
9 A. Yes.
11 Trustee?
13 remember.
21 A. I think so.
25 involved?
26 A. No.
28 were beneficiaries?
29 A. Yes.
7
1 29 Q. Did he say to you that a company was holding the
17 33 Q. Ask him?
18 A. Yes .
27 Ireland.
29 A. Yes .
1 36 Q. On the occasions, because you say in your statement
5 A. I rang him.
13 account?
15 40 Q. In London?
17 Missenden, I think.
2 A. Yes.
4 A. Yes.
6 A. Yes.
11
14 A. No.
16 A. Yes.
20 A. No.
21 48 Q. None at all?
22 A. No.
24 documents?
25 A. No.
27 to me?
10
1 A. They were sort of like bank statements, I don't
7 company on top?
8 A. No, I don't.
20 A. Not really.
27 held?
11
1 show you the state of it; would it?
4 statement.
6 showed a balance?
14 had accrued?
18 valuation.
19 64 Q. When Mr. Traynor told you this Trust had been set
27 amount ?
12
1 66 Q. Moving on down through your statement, well, just
4 A. Yes .
5 67 Q. You were?
7 68 Q. Certainly.
9 I.
23 estate?
24 A. I didn't.
2 interest in anything.
5 matters ?
6 A. With what?
9 people helping.
11 A. Liam McGonagle.
14 estate?
29 became uneasy?
1 A. He had Lloyds, he was a member of Lloyds and I
14 of it?
18 you?
21 you pay your taxes in the country you live in, like
15
1 person -- I mean banking was a very respectable
4 85 Q. As you expect.
8 question.
23 I did ask.
24 88 Q. People being?
25 A. Well, Des.
27 to you?
16
1 wasn't something I wanted to continue.
5 Trust funds?
6 A. I have no idea.
8 A. Yes .
10 You had heard of him but you had not met him, so do
16 A. No.
26 A. No.
28 A. No.
29 97 Q. None?
1 A. I suppose I might have met him, but I don't think
3 with it.
6 A. Yes.
17 A. I don't know.
25 husband's affairs?
26 A. I presume so.
27 103 Q. You then say that the assets of the Trust were
18
1 that the assets were appointed to you?
4 A. No.
6 A. No.
7 106 Q. When you say the money arrived in Ireland, did you
16 transferred.
18 ask him?
22 110 Q. In NCB. When you say the Trust was dissolved, you
27 A. No.
19
1 it had been my Trust, I would have been able to deal
5 part in it.
20
1 of transaction whereby you would go to Mr. Traynor
3 A. That's right.
7 A. Yes.
19 A. I presume so.
20 118 Q. I will just show you maybe two more of around that
21
1 1991 (Exhibit 4)and it is signed with an
14 more money.'
24 A. Unlikely, yes.
28 A. That's right.
22
1 of £15,000stg. to your Barclay's bank account?
2 A. Yes.
23
1 going to London and clothes, that sort of thing.
5 Amnesty?
6 A. Late 1993.
12 A. Yes.
14 needed to have that money back here and did you then
19 ....(INTERJECTION).
29 transferred to NCB.
24
1 128 Q. How did you know it had been transferred?
3 129 Q. Did anyone tell you before that that this was going
4 to happen?
5 A. I don't understand.
10 bank in Cayman.
12 somewhere?
13 A. Yes .
19 this Trust?
20 A. Yes .
25 what?
25
1 instruction?
19 138 Q. Anyway.
26
1 A. I have no idea, I don't think I even thought of the
6 140 Q. Clearly the money was coming from somewhere that you
12 taxman.
13 142 Q. Did you ask Des Traynor to bring that back or did
24 did.
27
1 A. They were, yes, and they still are. They are KMPG
2 now.
3 146 Q. Yes, that's right. During all of this time when you
5 Mr. Traynor about it, did you discuss that with your
13 147 Q. You did not feel you needed any independent advice
23 important.
24 149 Q. Yes .
4 (SHORT ADJOURNMENT)
24 that.
29
1 153 Q. Do you know if they are still in Winetavern Street?
2 A. Yes.
4 A. I have no idea.
11 155 Q. Okay.
15
16 END OF INTERVIEW
17
18
19
20
21
22
23
24
25
26
27
28
29
30
c
VACXTA^ Gos.(vy.iKxrst
So VLo^Vq r
to T V J ^ aooo
Appendix XV (52) (l)(b)
STATEMENT OF JENNIFER GUINNESS
My husband John died on 27 February 1988 and a short time afterwards Des Traynor
who was a personal friend of ours asked me to call to his office. I called as requested
a short time later. Mr. Traynor spoke to me about John and while I do not recall his
/"-v precise words the gist of it was that my late husband John had established a trust for
the benefit of myself and my children and that the trust was administered in the
Cayman Islands. I now realise that I did not fully appreciate what he said at the time
and indeed it took me a number of years after my husband's death before fully
appreciating the trust and other aspects of my late husband's business affairs. I do
recall Mr. Traynor saying that if I needed funds he would arrange for payment to be
made from the trust and I availed of this suggestion to defray the costs of a sailing trip
around the world that I embarked upon after my husband's death. Some other
payments were also made to me by the trustees.
After my return permanently to Ireland, I saw Mr. Traynor from time to time and on
many of these occasions he showed me statements which gave the value of the trust.
At some of these meetings I expressed a general unease about the trust, I think, on
reflexion, because of a nagging worry about taxation and also because I had no real
knowledge of the workings of the trust and no control over it or of the funds in the
trust. When the tax amnesty was announced it provided me the opportunity to
regularise my tax affairs and Mr. Traynor agreed to assist me in this. He instructed
Don Reid to act on my behalf. Mr. Reid is a tax expert of whom I had heard but had
not met. Mr. Reid made Returns to the Revenue Commissioners and entered into
negotiations with them on my behalf. Settlement was reached with the Revenue
Commissioners and a payment made to them from the funds of the trust which was at
that time distributed. While I signed Returns to the Revenue Commissioners I do not
have copies of these and I do not now recall the details of the discussions and
negotiations undertaken by Mr. Reid with the Revenue Commissioners on the amount
paid to them.
The assets of the trust were appointed to myself and iqy children at this time and the
trust was dissolved. I had no reason to think of the trust thereafter until the
McCracken and Moriarty Tribunals. Until these Tribunals I was not familiar with the
name Ansbacher (Cayman) Limited or the extent of the trust operations of that Bank.
I do not have and never had in my possession the Trust Deed or Letter of Wishes. I
do not know who the trustees were other than that the trust was administered in the
Cayman Islands. I have no knowledge of Amiens Investments Limited or Kentford
Securities Limited nor of any of the arrangements described in the letter to me of 7
February 2000 from the Office of the Inspectors appointed by Order of the High Court
to Ansbacher (Cayman) Limited.
Signed:
Appendix XV (52) (1) (c)
n
.'-iIJV- •'•^S'li' *
\ • •»
4k
Any s u b s t i t u t e d Trustees of this Settlement shall
have a l l t h e powers conferred upon t h e T r u s t e e s by law and these
presents and any and a l l banket oi*okoj'» u o w l n o o t . o r o t h e r depositories
custodians of the Trust Fund s h a l l be a u t h o r i s e d to accept
instructions from t h e said substituted Trustees as to the
dispositions thereof
11. NO b o n d s h a l l be r e q u i r e d of t h e T r u s t e e s h e r e i n named
(whether original or s u b s t i t u t e d ) or if a bond s h o u l d be r e q u i r e d by
law t o t h e extent that a w a i v e r by t h e S e t t l o r is effective no surety
shall be required on s u c h a oond
®
11. _ THE T r u s t e e s shall not be p e r s o n a l l y liable on c o n t r a c t made
by them i n the administration of tho T r u s t and p e r s o n s entering into
contract with the Trustees shall look s o l e l y to the Trust Fund
THFTT T H E
TRUSTEES MAY PERMIT ANY
Beneficiary personally to inspect any copy of this, Settlement or any
documents r e l a t i n g to the Trust at the principal office of any
/""""V corporate trustee hereof out s h a l l not be bound t o giVe"any further
information to any B e n e f i c i a r y relating to the affairs of the Trust
or to permit any Beneficiary t o make a n y - o o p i e s of any documents
relating to the Trust *-••»•
of t h e T r u s t e e s t h e n s e r v i n g i n o f f i c e i n r e s i d e n t and t h a t the
forum f o r t h e a d m i n i s t r a t i o n of t h i s T r u s t s h a l l t h e n c e f o r t h be such
other jurisdiction PROVIDED f u r t h e r t h a t t h e T r u s t e e s may n o t declare
t h a t t h i s T r u s t a n d t h e r i g h t of a l l p a r t i e s a n d t h e construction
and e f f e c t of t h e p r o v i s i o n s hereof s h a l l be s u b j e c t t o t h e Jurisdiction
o f and c o n s t r u e d a c c o r d i n g t o t h e l a w s o f a J u r i s d i c t i o n w h i c h w o u l d •
c a u s e a m a t e r i a l c h a n g e i n t h e r i g h t s of t h e B e n e f i c i a r i e s hereunder
o r which would n o t r e c o g n i s e t h e v a l i d i t y of t h i s T r u s t i f such
n o n - r e c o g n i t i o n would r e s u l t i n t h e r e v o c a t i o n o r t e r m i n a t i o n o f the
Trust
THE^PI ^ s c h e d u l e
. One h u n d r e d p o u n d s sterling(£!00.00)
r*
t -
'sec***
THE COMMONWEAL OF GUINNESS MAHON
CAYMAN TRUST LIMITED HAS BEEN
HEREUNTO AFFIXED IN THE PRESENCE
OF!-
Appendix XV (53) Mr Frank Hall
1. Evidence relied upon by the Inspectors in arriving at the conclusion relating to Mr
Frank Hall.
Dear Piatsr,
RE: SEKTIKEL SECURITY LTD.
As I u n d e r s t a n d i t , we a r e t o p r o v i d e a bank g u a r a n t e e t o
t h « above c o n n n n v ' s b a n k e r s t o c o v e r ho^-rov:n'.'s and i n t e r e s t
up to a maximum '£?"gure of £ 3 5 , 0 0 0 . T h i s rutar-inCcs v.-: 11 7••n'-.ably
come frora o u r D u b l i n p a r e n t company, G u i n n e s s & Mahon L t d . For
t h i s a u a r a n t e e we u n d e r s t a n d v?e a r e t o r e c e i v e t v e n f - y - f i v c
p e r c e n t o r t h e i s s u e d c a p i t a l of S e n t i n e l S e c u r i t y L t d . This
s t o c k c a n be i s s u e d i n t h e name of Beech R e n l t y Company L i - ' ' : e d
a n d f o r w a r d e d co u s h e r e . Beech H e a l t v Company £frfjr«'i i s
a Cayman company w h i c h we manage and t h e o f f i c e r s am-iirec-ors
rtvo . a s f o l l o w s :
J o h n A. C o l l i n s - Director
J o h n A. F u r s e - Director
D e l r o s e M. W i l l i a m s - Director/Secretary
F r a n k m e n t i o n e d , t h a t h e would r e q u i r e t h e n o r m a l m i n o r i t y s h a r e -
h o l d e r s a f e g u a r d s b u t t h e s e c o u l d be embodied i n a s e n a r a t ?
a g r e e m e n t b e t w e e n y o u r s e l f and Beech R e s l c v Germany Lir"fce'.i.
I p r e s u m e you a r e t h e owner of t h e o t h e r 75%. 1 think
h a s i n mind t h e u s u a l t y p e of a r r a n g e m e n t s w h e r e b y , l o r e x a m p l e ,
y o u a g r e e t h a t a l l y o u r and a s s o c i a t e d c o m p a n i e s t r a n s a c t i o n s
w i t h S e n t i n e l w i l l be a t arms l e n g t h and any s a l a r y e t c . you
w i s h t o draw w i l l he a g r e e d b e f o r e h a n d .
/cont'd
13th January, 19H2
r^
Appendix XV (53) (1) (b)
GUINNESS MAHON CAYMAN TRUST LIMITED
A Mumb«r of ihu Guinn«ss Mahon Mirrch.mt Banking Group
T.;!ephunc No 9 4f>53 J P 0 Box 8S7
30j Grand C.iym.,r-
Tele*
Cabli." Address Gumn-ss> Eriush VV.--.1 Indies
15th January, 1982
your ref
our ref JAC: ee
Mr. J. D. Traynor
Guinness & Mahon Ltd.
17 College Green
Dublin 2
IRELAND
Dear Des
I will advise you when confirms he is going ahead and the names
of his bankers etc.
Kind regards,
enc 1
Appendix XV (53) (1) (c)
DATED 4th Jure 19 6?
To
Guarantee
55,000.CO
T o M i d l a n d B a n K pic
1. 3tl consideration of Midland Bank pic (hereinafter called "the Bank") making
or continuing advances or otherwise giving credit or affording banking facilities
for as long as the Bank may think fit to
ULs.r £I T jUlUs*. .
' I
(hereinafter called" the Principal") tDe I Ma d.
\)zvzby agree to pay and satisfy to the Bank on demand all and every the sum
and sums of money which are now or shall at any time be owing to the Bank
anywhere on any account whatsoever whether from -the Principal solely or from the
Principal jointly with any other person or persons Company or Companies or from
any firm in which the Principal may be a partner including the amount of notes or
bills discounted or paid and other loans credits or advances made to or for the
accommodation or at the request either of the Principal solely or jointly or of any
such firm as aforesaid and all moneys for which the Principal may be liable as
surety or in any other way whatsoever together with in all the cases aforesaid all
interest discount and other Bankers' charges including legal charges occasioned by
or incident to this or any other security held by or offered to the Bank for the same
indebtedness or by or to the enforcement of any such security provided always that
the total liability ultimately enforceable against us und,er this guarantee shall not
exceed the sum of rnl ^ s ^ A
pounds together with interest thereon at the rate of two per cent, per annum_above
the published Base Rate of the Bank for the time being_provided tUff such rate
at
plus the two per cent, be equal other times at
thejute^ the date of demand by the Bank upon us
4. 3fn the event of this Guarantee ceasing from any cause whatsoever to be
binding as a continuing security on us the Bank shall be at liberty without thereby
affecting their rights hereunder to open a fresh account or accounts and to continue
any then existing account with the Principal and no moneys paid from time to time
into any such account or accounts by or on behalf of the Principal and subsequently
drawn out by the Principal shall on settlement of any claim in respect of this
Guarantee be appropriated towards or have the effect of payment of any part of
the moneys due from the Principal at the time of this Guarantee ceasing to be so
binding as a continuing security or of the interest thereon unless the person or
persons paying in such moneys shall at the time in writing direct the Bank specially
to appropriate the same to that purpose
6. Clje Bank shall be at liberty without thereby affecting their rights against
us hereunder at any time to determine enlarge or vary any credit to the Principal
to vary exchange abstain from perfecting or release any other securities held or to
be held by the Bank for or on account of the moneys intended to be hereby secured
or any part thereof to renew bills and promissory notes in any manner and to
compound with give time for payment to accept compositions (rom and make any
other arrangements with the Principal or any obligants on bills notes or other
securities held or to be held by the Bank for and on behalf of the Principal
7. tEf)l£ Guarantee shall be in addition to and shall not be in any way prejudiced
or affected by any collateral or other security now or hereafter held by the Bank for
all or any part of the moneys hereby guaranteed nor shall such collateral or other
security or any lien to which the Bank may be otherwise entitled or the liability of
any person or persons not parties hereto for all or any part of the moneys hereby
secured be in anywise prejudiced or affected by this present Guarantee And the
Bank shall have full power at their discretion to give time for payment to or make
any other arrangement with any such other person or persons without prejudice to
this present Guarantee or any liability hereunder And all moneys received by the
Bank from us or the Principal or any person or persons Company or Companies
liable to pay the same may be applied by the Bank to any account or item of account
or to any transaction to which the same may be applicable
8. imtljOUglj our ultimate liability hereunder cannot exceed the limit herein-
before mentioned yet this present Guarantee shall be construed and take effect as a
guarantee of the whole and every part of the principal moneys and interest owing
and to become owing as aforesaid and accordingly we are not to be entitled as
against the Bank to any right of proof in the liquidation of the Principal or other
right of a surety discharging his liability in respect of the principal debt unless and
until the whole of such principal moneys and interest shall have first been completely
discharged and satisfied And further for the purpose of enabling the Bank to sue the
Principal or prove in its liquidation for the whole of the moneys owing as aforesaid
or to preserve intact the liability of any other party the Bank may at any time place
and keep for such time as they may think prudent any moneys received recovered or
realised hereunder to and at a separate or suspense account to the credit either of
us or of such other person or persons or transaction if any as they shall think fit
without any intermediate obligation on the part of the Bank to apply the same or
any part thereof in or towards the discharge of the moneys owing as aforesaid or
any intermediate right on our part to sue the Principal or prove in its liquidation
in competition with or so as to diminish any dividend or other advantage that
would or might come to the Bank or to treat the liability of the Principal as
diminished
9. B'c have not taken in respect of the liability hereby undertaken by us on behalf
of the Principal and we will not take from the Principal either directly or indirectly
without the consent of the Bank any promissory note bill of exchange mortgage-
charge or other counter-security whether merely persona! or involving a charge on
any property whatsoever of the Principal whereby wc or any person claiming
through us by endorsement assignment or otherwise would or might on the
' • • . • • ' ' • >• . r , i. . n ..,! fi,.v
to the Bank for the fulfilment of our obligations hereunder and shall be forthwith
deposited by us with them for that purpose
10. 3hl addition to all rights of set off conferred by law and without prejudice
to any lien any moneys now or hereafter standing to our credit with the Bank
whether on current or other account shall at the discretion of the Bank be liable
to be set off against our liabilities hereunder
«
12. Wilts Guarantee shall be in addition to and not in substitution for any
other Guarantee for the Principal given by us to the Bank
13. ii'c shall have no liability under this Guarantee in respect of moneys owing
to the Bank by the Principal being moneys applied or utilised by the Principal either
for any purchase or subscription of our shares (or those of any holding company of
ours) or by way of financial assistance direct or indirect for the purpose of or in
connection with any such purchase or subscription
14. expression "the Bank" wherever used herein includes and extends to
their successors and assigns
15. This Guarantee shall be read and construed in accordance with Englis
3n Witness whereof one Director of Guineas and Mahon Limited
duly authorised in this behalf (as the Secretary or another Director hereof
hereby certifies by his signature hereto) by a Resolution passed by its Board
of Directors on or before the date hereof has hereunto set his hand this p 0 urth
day of June One thousand nine hundred and Eighty Two
Director
director or
> ) T £Secretary
Appendix XV (53) (1) (d)
G U I N N E S S M A H O N CAYMAN T R U S T LIMITED
INTER-OFFICE MEMORANDUM
What we would like to do now is that G & M pay the £35,000 to Midland for A/C
Sentinel for release of guarantee and remit a further £20,000 to the company's
lawyers trust account for Sentinel, and receive back from Sentinel a Debenture
for £75,000. We or Frank have already paid £20,000.
We will forward to you cash as backing deposit £50,000 and you will treat
previous £20,000 as remitted through you to obtain total backing deposit of
£75,000.
Turn between loan and deposit we have told Frank will be 17«.
I mentioned this proposition to London, Robin Faber, when I was there but
that was on basis of guarantee and loan rather than back to back I think.
UNDER OATH
L
2 A. Yes.
3 67 Q. Hamilton Ross was one of the accounts associated
4 with "Ansbacher". You may be familiar with that
5 from the individual?
6 A. I have heard of it. I have heard it mentioned but I
7 have no idea what it is.
8 68 Q. You will see that this particular account is
/•s 9 denominated in deutschemark?
10 A. Yes.
11 69 Q. In German currency?
12 A. Yes.
13 70 Q. And it is account 04/39231/81?
14 A. Yes.
15 71 Q. So that effectively it would be appear you
16 received this cash from an "Ansbacher" account?
17 A. It would appear so.
18 72 Q. Is this your "Ansbacher" account?
y-v 19 A. No.
20 73 Q. Then whose account is it?
21 A. I have no idea.
22 74 Q. You have no idea at all?
23 A. No.
24 75 Q. About this?
25 A. No.
26 76 Q. None whatsoever?
27 A. None whatsoever.
28 77 Q. Can we please then turn to page 28 (Same Handed)
29 (Exhibit 7)?
1 A. Thank you.
2 78 Q. This is an another letter from "Ansbacher" of
| 3 the 14th September 1992. Again, it is to Irish
i
4 Intercontinental Bank saying:
5
I
i 6 "Could you please arrange to let
me have for collection an Irish
7 Pounds cheque for Ir£l0,000 payable
to Conor Haughey and debit the
8 sterling cost to 'Ansbacher'
s Limited account no. 02/01087/81."
9
10
11 This is September 1992. Do you recall receiving
12 this money, Mr. Haughey?
13 A. I don't. This is the first time I have seen this
14 particular letter (indicating) (Exhibit 7).
15 September 1992? I don't offhand but I will check in
16 my — I could check my bank account but —
17 79 Q. It would be useful I think if you checked your
18 bank account? .
19 A. Yes.
20 80 Q. And if it were to be the case that this cheque
21 did not show up in your bank account what we
22 might be interested to know is why should those
23 two cheques not show, if that is the case why
24 should both those two cheques not show up, in
25 your bank account?
26 A. Yes. As I say this was also the time I was
27 building my house and I can only presume it was
28 a gift from my father to help me with the building
29 of my house.
Appendix XV (54) (1) (b)
E V ^ V
Ansbacher Limited
Please reply to: P.O. Box 887, Grand Cayman, Cayman Islands, British West Indies
42 Fitzwilliam Square, Telephone: (809) 949-8655 Telex: CP 4305
Dublin 2. Facsimile (809) 949-7946 (809) 949-5267
Tel: 765144/763065
Fax: 612035
(t
Dear Ronan,
Could you please arrange to let me have for collection -
tomorrow morning Wednesday 18th if possible - an Irish Pounds
cheque for IRE15,000.00 payable to Conor Haughey and debit the
cost to Hamilton Ross Deutsche Mark Call Deposit: Amount
Acpc
No.04/39231/81. t p
Yours sincerely,
0
-JLfLsO^ -
sfi
jfH"
JDT/AJW ©
A MEMBER OF THE ANSBACHER INTERNATIONAL TRUST CROUP OF COMPANIES WITH OFFICES
ALSO LOCATED « TOE BAHAMAS. BRITISH VIRGINISUHDS.
4zosz
GUERNSEY, MONACO AND SWITZERLAND
Appendix XV (54) (1) (c)
Ekviuis X
Assbacber Limited
P.O. Box IS7, (Stand Caynaa. Cayum Ulawh, Slid* W m lndi«
Please reply to:
42 FUzwflliam Square, T«I«pbon* (809) 949-1453 Tates: CP 4305
Dublin 2: FtesfaaOft (109) 949-7946 (109) 949-S2CT
Td: 765144/763065
F a r 612035
I
Dear Ronan,
Could you please arrange to lat ae have for collection an
Xrish Rounds cbaque for XRS10,000.00 payable to Conor Haughey
and debit the Sterling cost to Ansbacher Limited Account
No.02/01087/81.
Yours sincerely,
^ J "
»
JDT/AJW
Appendix XV (54) (1) (d)
TRIBUNAL OF INQUIRY
(PAYMENTS TO MESSRS CHARLES HAUGHEY AND MICHAEL LOWKY)
A p p o i n t e d b y i n s t r u m e n t o f An T a o i s a a e h d a t e d
2 6 t h d a y o f S e p t e n b e r 1997
pursuant to the
T r i b u n a l s o f I n q u i r y ( E v i d e n c e ) A c t s 1921 a n d 1979
Tel 8722833
Fax...„„...8724488
After Houre.2882097
E-mail: [email protected]
COPYRIGHT
Transcripts are the work of the shorthand
writer and they must not be photocopied
or reproduced in any manner or supplied
or loaned by an appellant to a respondent
or to any other party without written
permission of the shorthand writer.
evidence to be given. But I do not accept that it is not,
to some degree, part of counsel's function to invite a view
on particular facts or the construction that may be put on
it, but I accept that the primary thrust of the matter is
factual. However, I am not going to inhibit Mr. Coughlan
from some controlled and limited degree of inviting a view
from your client on particular matters that may be of
considerable importance.
A p p o i n t e d b y i n s t r u n a n t o f An T a o i a e a c h d a t e d
2 6 t h d a y o f S e p t e m b e r 1997
pursuant to the
T r i b u n a l s o f I n q u i r y ( E v i d e n c e ) A c t s 1921 a n d 1979
COPYRIGHT
Transcripts are the work of the shorthand
writer and they must not be photocopied
or reproduced in any manner or supplied
or ioaned by an appellant to a respondent
or to any other party without written
permission of the shorthand writer.
Halpin, who was an authorised officer of the Central Bank,
and he gave evidence on day 28, the 9th July 1999.
Yes, I see that.
Now, Mr. Halpin informed the Tribunal that by letter dated
8th December 1982 addressed to the Manager Exchange
Control, you requested Exchange Control permission to
borrow on behalf of Abbeville Stud, the Sterling equivalent
of 400,000 from Guinness Mahon Cayman Trust Limited.
Interest was expressed to be payable half yearly at 1% over
the cost of three month funds and full repayment of
principal was due on the 31st January 1985.
•
And would you agree that was signed by you, Mr. Haughey?
Yes.
Now, do you remember, first of all, making an application
to the Central Bank for exchange control approval?
I am not sure that I do, but now that I see this letter
1 here in front of me, I accept that that's my letter and
2 that I made that application.
3 135 Q. Now, do you remember looking for 400,000 or the equivalent
4 in Sterling?
5 A. No. I would be very clear that that letter would be
6 drafted by Mr. Traynor and given to me to sign.
7 136 Q. Yes, I accept that it must have been drafted by somebody
8 who was familiar in how to put an application before the
9 Central Bank the way it's set out. But did you have any
10 discussion or can you remember having any discussion with
11 Mr. Traynor about applying to the Central Bank for Exchange
12 Control approval?
13 A. I don't remember any discussion, but I would, if you put it
14 to me, I will accept that I must have had — I must have
15 had a discussion with Mr. Traynor about it.
16 137 Q. Perhaps I can assist you in that Mr. Halpin, in his
17 evidence, said that Mr. Des Traynor personally delivered
18 your letter in duplicate to Mr. Bernard Breen who was then
19 the General Manager of the bank. Would you remember that
20 or —
21 A. No. But as I say, I would be fairly definite, looking
22 back, that the procedure would have been that Des Traynor
23 would have drafted the letter, brought it out to me to
24 sign, perhaps, or arranged for me to sign it, and then he
25 would have taken it from there. He would have handled the
26 transaction from then on.
27 138 Q. Now, at the time this application was made, I think you
28 were still Taoiseach?
29 A. Well, it was the time of in and out, but if you say I was
30 Taoiseach, I'll accept that.
1 A. No, I don't remember it.
2 158 Q. Now, the next matter in the documents is document number
3 114, and it's a letter from Mr. Traynor to Mr. Donovan at
4 the Central Bank and it's dated the 22nd January 1985, and
5 it reads:
6
7 "Dear Michael, attached hereto are copies of the following:
8
9 "1. Letters of the 8th December 1982 from C J Haughey to
10 the Central Bank.
11
12 "2. Letter of the 9th December from Bernard to me.
13
14 "3. Two copies of John Furze letter of the 2nd January
15 1985.
16
h)i7 ®
u o
Re: Our client: Mr. Charles J Haughey
Dear Sirs,
Further to your recent query in respect of this matter our client has confirmed that his
evidence to the Moriarty Tribunal can be relied upon by the inspectors as evidence in the
course of their investigation.
Yours faithfully,
IVOR FITZPATRICK & CO.
Jennifer Blunden, Deirdre Courtney, Ivor Fitzpatrick, Cormac Gordon, John King, Mary-Claire MarVey, Bernard McEvoy, Michael J. O'Connor, Margaret Scully, Susan R. Stapleton.
John Burke, Karen Hkkey Dwyer, Susan Fenton, Ita Guilfoyie, Edel Kirley, Loma McAullffe,
Marqaret McGlnley, Dympna Murphy, Ortaith O'Brien, Milan Schuster.
Appendix XV (54) (2) (a)
. HI 11:47 FAX Of) IVOR FITZPATRICK ©00
By Fax: 2833929
Dear Sirs,
S »JGGESTED AMENDMENTS
i/n iVige 1 of your Preliminary Conclusions at the end of the 2 Tid paragraph we would suggest
ux Allowing be added:-
f** ••v.itence was subsequently read into the public record and forms part of the evidence
before the Tribunal"
A twin on page 1 of your Preliminary Conclusions at the end of the 3 rd paragraph the last
sentence could be>
"This conclusion was assisted by the acceptance by him that evidence given by him to the
Tribunal of Inquiry could be availed of by the Inspectors for the purposes of their inquiry
in determining Mr. Haughey '$ involvement with GMCT subsequently known as
a a? backer".
Ch\ page 2 the 3 rd paragraph "The Moriarty Tribunal" should become "No evidence has been
adduced as to whether or not the loan has ever been repaid
'. .-.;irdre Courtney, Ivor fitipatrick. Comae Goroon, John King, Mary-Claire Markey, Barnard MtEvoy, Michael J. O'Connor. Margaret
jchr-> Bui't^, Kaftn Hicksy Owyer, Susan fentori, Its Qulifoyle, Edel Kirley. Lorna McAuliffc,
Margaret McGmley. Dympna Murphy, Qrlaith O'Brien, Milan Schuster.
Hi: i 1 : 47 FAX UO IVOR FITZPATRICK ®003
On page 2 in the next paragraph we would suggest adding after "the loan documented above"
-.tie following "although this is not completely clear"
if. the next paragraph we would suggest "was at that time a person with loan account
approval from GMCT subsequently renamed Ansbacher Limited."
in the next paragraph we would suggest "having arrived at the conclusion that Mr Haughey
••• •••y person with loan account approval from GMCT subsequently renamed Ansbacher
L>niited
v .; v/ould also suggest that the paragraph should finish with the sentence "better left to the
tribunal of Inquiry" and that the remaining words in that paragraph should be deleted.
respect of the Inspectors Preliminary Conclusions we would suggest that the words should
: that "Mr Haughey was at one time a person with loan account approval from GMCT
uhsequently named Ansbacher Limited"
vV£; would also suggesr that the last two sentences are not necessary and the report should end
V iih "the inspectors base their conclusion on the evidence of Mr Haughey as outlined
-.wove
SUBMISSION
Hi .- balance of the evidence referred to does not allow for a definitive conclusion as set out in
your preliminary conclusions.
1L is clear that Mr. Conor Haughey received the two amounts from the accounts from which
iiicy were drawn. Equally if they were received by hixn they may have gone to financing his
bus Iding costs and if so they may have been give to him by his father. However in the
absence of account name details they do not conclusively support without further evidence
the conclusion that Mr. Haughey was a client of Ansbacher - particularly where "client" is
undefined.
would appear that these cheques originated through Mr. Traynor and therefore it would be
Mr Traynor who would be the "client".
we would equally add that the evidence given by Conor Haughey is not necessary to your
^elusions and cannot be relied upon to support your finding on the loan account evidence.
• >ur cheat has always categorically rejected any suggestion or conclusion that he is anything
other than a person with loan account approval from GMCT and as such has always rejected
a conclusion that he was a client of Ansbacher Limited.
Yours faithfully,
iVOR FITZPATRICK & CO,