Prosecution Cases 2006

The Director of Corporate Enforcement v. John Francis Xavier O’Brien

02 March 2006


Details of Defendant: 
John Francis Xavier O’Brien, Barnabrow House, Midleton, Co Cork 

Venue: 
Midleton District Court 

Judge: 
District Judge Pattwell 

Alleged Offences: 
The defendant was charged with contravening section 161(1) of the Companies Act 1990 (“the 1990 Act”) in acting as a director of Barnabrow Cottages Limited, Company No. 369519, and Self Build Planning Services Limited, Company No. 377456, while subject to a deemed disqualification. Pursuant to Section 160(1A) of the 1990 Act (as inserted by Section 42 of the Company Law Enforcement Act 2001), a deemed disqualification applies when a person on appointment to an Irish company fails to register with the CRO a disqualification in another jurisdiction. The defendant had been disqualified in England and Wales for a period of seven years by virtue of an Order made by Southwark Crown Court on the 11th of February 2000 in proceedings entitled, “Regina –V- John Francis Xavier O’Brien”. 

Outcome: 
The defendant pleaded not guilty, and therefore the two charges were heard in full. The Court convicted the defendant and fined him €1,900 on each charge and ordered prosecution costs in the sum of €1,000. The Court also ordered that the defendant’s disqualification from acting as a company director in the State be extended to the 1st of January 2008, pursuant to section 161(3) of the 1990 Act.

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