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The Director of Corporate Enforcement v Donal Harrington

23 April 2009


Details of Defendant:

Donal Harrington 

Address: 
17 Castleraven, Nurney, County Kildare.

Venue: 
Naas Circuit Court

Judge: 
Judge Flanagan

Alleged Offence: 
The defendant was charged with contravention of Section 161(1) of the Companies Act 1990 in acting as a director of Open Up Bars Limited, Company No. 407161, while subject to a 2.5 year disqualification order made by the High Court pursuant to Section 160 of the same Act.

Outcome: 
On a plea of guilty, the Circuit Court, upon conviction, affirmed the District Court order of 23rd October 2008 in relation to the fine and costs. However, Judge Flanagan suspended the 6-month imprisonment sentence imposed in the District Court for a period of 2 years based on mitigating factors presented by the Defendant. Costs of €228 were also awarded to the prosecution in relation to the Defendant's appeal to the Circuit Court. 
Pursuant to Section 161(2) of the Companies Act 1990, Mr. Harrington is 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 five years commencing on the date of his conviction in the Circuit Court on 23rd April 2009 and expiring on the 22nd April, 2014.

District Court Case-23rd October 2008