Quinn jail sentence 'amply justified', says Supreme Court
on 24/10/2012 12:26:38
However the court has critcised IBRC's actions as "procedurally and substantively flawed" in a judgment explaining last week's four to one majority decision rejecting the businessman's appeal.
The Supreme Court said that it has no issue with the High Court's finding that Sean Quinn Jnr breached a court order by facilitating a $500,000 (€384,016) payment to a businesswoman in Ukraine or the three-month sentence imposed.
However, it criticised IBRC, formerly Anglo Irish Bank, for the flawed procedures it used in in pursuing coercive orders against the bankrupt businessman's son that went far beyond this single contempt finding.
The court did not say that the bank is barred from pursuing such orders against Sean Quinn Jnr, rather that it must adopt appropriate procedures.
However Mr Justice Adrian Hardiman has dissented from the majority view of the court, finding insufficient evidence against Sean Quinn Jnr to warrant a finding of contempt.
He noted that a failure to treat Sean Quinn Jnr differently from his father or cousin and said that the decision to consign him to jail to pressurise Sean Quinn Snr is not recognised procedure.