Michael Smurfit excused from attending court action by former K Club manager
Millionaire businessman Dr Michael Smurfit has been excused from attending the High Court this week to give evidence in the case of a former K Club manager who alleges he was threatened at Punchestown Races.
Mr Justice Anthony Barr after a medical certificate was handed in to court from Dr Smurfit’s doctor in Monaco, where the 82 year old is recovering from a hip replacement operation, today said he would excuse Dr Smurfit this week.
The judge said the doctor at the Princess Grace Hospital Centre in Monaco said Dr Smurfit had a hip replacement operation on July 9 last and he is still hospitalised and will not be mobile again until the end of August.
Mr Justice Barr said he accepted the medical cert and it was entirely reasonable and Dr Smurfit was a man of advanced years.
The judge said the case will run for another week and then will be adjourned to the new legal term in October. The judge said he will excuse Dr Smurfit from attending court this week and the matter can be discussed again in October. The court may also consider taking Dr Smurfit’s evidence by video link.
Last week Mr Justice Barr granted permission for a subpoena to be served at the offices of Dr Smurfit’s solicitors and his Monaco address requiring the millionaire businessman to attend the court and give evidence.
The court was later told the businessman had a hip replacement operation and a complication arose when his femur fractured and he required further surgery.
Today is the seventh day of the action taken by former K Club catering manager Peter Curran who has sued Dr Smurfit along with the exclusive five star K Club resort and a resort Superintendent, Gerry Byrne.
Peter Curran, Cahirciveen, Co Kerry has claimed on May 7, 2011 his way was blocked in the toilets at Punchestown Races and Mr Gerry Byrne allegedly said "Dr Smurfit has not forgotten the statements about him and the call girls . Dr Smurfit knows where to find you and this is not over."
The defendants have denied all claims.
Mr Curran was catering manager at the K Club between September 1997 and October 1998 when he claims he was forced to leave and later brought an unfair dismissal case which was settled in March 1999.
Mr Curran later brought High Court proceedings claiming alleged breach to his constitutional right to his good name and to earn a livelihood During the run up to that case in replies to written questions and particulars, relating to alleged financial irregularities he had allegedly uncovered at the K Club, Mr Curran made reference to call girls, sometimes sourced abroad, were given free use of the hotel facilities at the K Club.
Those High Court proceedings were settled in 2008 and it is claimed it was an implied term of the agreement Mr Curran would not be threatened, harassed or intimidated in any manner.
The case before Mr Justice Anthony Barr continues.
