Prosecution Cases 2005

The Director of Corporate Enforcement v. a Restricted Director

06 December 2005

Swords District Court.

District Judge Brady

Alleged Offence: 
The defendant was charged with contravention of Section 161 (1) of the Companies Act, 1990 in acting as a director of Jetnova Limited, Company No. 301104 while subject to a restriction order made by the High Court pursuant to Section 150 of the same Act and failing to abide by the conditions prescribed in the Act for continuing to act as a company director. 

On a plea of guilty the defendant was convicted, fined €1,500 and ordered to pay prosecution costs of €250. The court also imposed a 6-month term of imprisonment suspended for 24 months. 

Having been convicted of an offence under Section 161(1) of the Companies Act 1990, the Defendant was deemed, pursuant to Section 161(2) of the same Act, to be the subject of a disqualification order. The effect of this provision is that the Defendant was disqualified from being appointed or acting as auditor, director or other officer, receiver, liquidator or examiner or being in any way, whether directly or indirectly, concerned or taking part in the promotion, formation or management of any company or society registered under the Industrial and Provident Societies Acts 1893 to 1978 for a period of 5 years commencing 6th December, 2005. 

A Notice of Appeal was filed and a hearing date in the Circuit Court was fixed for 6th July, 2006. 

Thursday 6th July, 2006 

Appeal to Circuit Court 

Dublin Circuit Court 

Judge Flanagan 

The District Court conviction and order in relation to the fine and costs were affirmed. Judge Flanagan overturned the suspended custodial sentence imposed in the District Court on 6th December 2005 based on mitigating factors presented by the Defendant. Costs of €250 were awarded to the prosecution in relation to the appeal to the Circuit Court. 

The Court noted that the Defendant was deemed, pursuant to Section 161(2) of the same Act, to be the subject of a disqualification order for a period of 5 years from the 6th December, 2005.

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