Details of Defendant:
John Francis Xavier O’Brien, Barnabrow House, Midleton, Co Cork
Midleton District Court
District Judge Pattwell
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”.
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.