Prosecution Cases 2004

The Director of Corporate Enforcement v. John Ralph.

16 June 2004


Details of Defendant: 
John Ralph, Turlough Road, Castlebar, County Mayo 

Venue: 
Castlebar District Court 

Judge: 
District Judge Mary Devins 

Alleged Offences: 
The charges were that, as a director of Coast to Coast Couriers Limited, Company No. 307637 (In Liquidation), the defendant:
. breached section 202 of the Companies Act 1990, which requires a
  company director to take all reasonable steps to secure compliance by
  the company with its requirement to cause to be kept proper books of
  account;
. contravened section 293(1)(c) of the Companies Act 1963 which requires
  an officer of a company in liquidation to deliver up to the liquidator, or as
  he directs, all books and papers in his custody or under his
  control belonging to the company and which he is required by law to
  deliver up;
. and failed to make a return to the Registrar of Companies, being an
  Annual Return, for the year to 31/12/00 containing, inter alia, the register
  of members, shares and debentures, contrary to section 125 of the
  Companies Act 1963 (as amended).

Outcome: 
Judge Devins issued a written judgement.

The charges brought under s202 and s293 of the Companies Act 1990 were dismissed with costs and witness expenses. 

On a plea of guilty to the charge under s125 of the Companies Act 1963 (as amended) in relation to the year to 31.12.00, the defendant was convicted and fined a sum of €100. A similar charge relating to the year to 31/12/01 was withdrawn.

Court Rulings

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