Prosecution Cases 2005

The Director of Corporate Enforcement v Ray Scully

08 April 2005


Details of Defendant: 
Mr. Ray Scully 

Address:                                                                                                                                                  Farm and Small Business Accounts, Coralstown, Mullingar, County Westmeath. 

Venue: 
Killucan District Court 

Judge: 
District Judge John F.Neilan 

Alleged Offences(s): 
Alleged contravention of Section 187 of the Companies Act, 1990 (as amended), which determines the circumstances in which persons are legally qualified to act as Auditors. In this case, Mr. Scully was charged with acting as Auditor of two seperate companies whilst not qualified for appointment as auditor. An alleged contravention of Section 242(1) of the Companies Act, 1990 was also proffered against the Defendant – this is the offence of furnishing false information. 

Outcome: 
On a plea of guilty on two counts in relation to a breach of S187 (1) of the Companies Act, 1990, the court convicted the Defendant and imposed a fine of €2,000 and awarded the prosecution Costs of €2,000. 

On a plea of guilty in three counts in relation to a breach of S187 (6) and 187 (9) of the Companies Act 1990, the court found the charges proven and took them into consideration. 

On a plea of guilty on three counts in relation to a breach of S242 (1) of the Companies Act, 1990, the court found the charges proven and took them into consideration. 

Three further charges in relation to breach of S242 (1) of the Companies Act, 1990 were withdrawn.

Court Rulings

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