Prosecution Cases 2005

The Director of Corporate Enforcement v. Phelim Scanlon and Marion (Mary) Scanlon.

20 December 2005


Details of Defendant: 
Phelim Scanlon

Address:                                                                                                                                       Mooretown, Rathoath, Co. Meath 

Mary (otherwise Marion) Scanlon

Address:                                                                                                                                      Moorestown, Ratoath, Co. Meath 

Venue: 
Dunshaughlin District Court 

Judge: 
District Judge Brophy 

Alleged Offence: 
The defendants were charged with contravention of Section 161 (1) of the Companies Act, 1990 in acting as a director or secretary of a company, 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 or secretary. 

Outcome: 
In relation to Phelim Scanlon:
On a plea of guilty on one count of acting as the director in relation to a breach of S161 (1) of the Companies Act, 1990 in relation to St. Mochta’s Property Management Company Limited, the court convicted the defendant and imposed a fined €1,904, and awarded costs to the prosecution of €300. 

On a plea of guilty on one count of acting as the secretary in relation to a breach of S161 (1) of the Companies Act, 1990 in relation to St. Mochta’s Property Management Company Limited, the court convicted the defendant and imposed a fine €500. 

On a plea of guilty on one count of acting as the director in relation to a breach of S161 (1) of the Companies Act, 1990 in relation to Cygnet Properties Limited, the court convicted the defendant and imposed a fined €1,904. On a plea of guilty on one count of acting as the secretary in relation to a breach of S161 (1) of the Companies Act, 1990 in relation to Cygnet Properties Limited, the court convicted the defendant and imposed a fine €500. 

On a plea of guilty on one count of acting as the director in relation to a breach of S161 (1) of the Companies Act, 1990 in relation to Cardy Rock Management Company Limited, the court convicted the defendant and imposed a fined €1,904. 

On a plea of guilty on one count of acting as the secretary in relation to a breach of S161 (1) of the Companies Act, 1990 in relation to Cardy Rock Management Company Limited, the court convicted the defendant and imposed a fine €500. 

On a plea of guilty on one count of acting as the director in relation to a breach of S161 (1) of the Companies Act, 1990 in relation to Coolmine Properties Limited, the court convicted the defendant and imposed a fined €1,904. 

On a plea of guilty on one count of acting as the secretary in relation to a breach of S161 (1) of the Companies Act, 1990 in relation to Coolmine Properties Limited, the court convicted the defendant and imposed a fine €500. 

In relation to Mary (otherwise Marion) Scanlon:
On a plea of guilty on one count of acting as the director in relation to a breach of S161 (1) of the Companies Act, 1990 in relation to Cardy Rock Management Company Limited, the court convicted the defendant and imposed a fined €1,904 and awarded costs to the prosecution of €300. 

On a plea of guilty on one count of acting as the director in relation to a breach of S161 (1) of the Companies Act, 1990 in relation to Golden Meadow Construction Limited, the court convicted the defendant and imposed a fined €1,904. 

On a plea of guilty on one count of acting as the secretary in relation to a breach of S161 (1) of the Companies Act, 1990 in relation to Golden Meadow Construction Limited, the court convicted the defendant and imposed a fine €500. 

Having been convicted of an offence under Section 161 of the Companies Act 1990, both Phelim Scanlon and Mary (otherwise Marion) Scanlon are 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 both Phelim Scanlon and Mary (otherwise Marion) Scanlon are 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 Provident Societies Acts 1893 to 1978 for a period of 5 years commencing 20th December, 2005. 

Recognisance was fixed by the Court in the event of an appeal.

Court Rulings

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