Two men have been returned for trial to Derry Crown Court on a number of offences, including the importation and supply of drugs.

James Thomas O’Donnell (24), whose address was given as Maghaberry Prison, and Jamie Anthony Doherty (21), of Glenside Gardens, appeared at a preliminary enquiry at Derry Magistrates Court.

Doherty is charged with the supply of cocaine on 7  and 8 October, 2012 and being concerned in the supply of methylethylcathinone between 9 September and 12 October, 2012.

He faces an additional charge of having methylethylcathinone with intent to supply between 1 October  and 11 October 2012.

O’Donnell is charged with having cocaine on a date unknown between the 1 September and 12  October, 2011.

He faces five charges of  importing the class B drug methylethylcathinone on unknown dates 22 August, 2011 and  31 December, 2012.

He is also charged with four counts of  being involved in the supply of the drug between the same dates.

He faces an additional charge of supplying diazepam on 7 October, 2012 and a further charge of being in possession of the class C drug on date unknown between 1 September and 12 October, 2011.

He faces two additional charges of converting criminal property, namely money, contrary to the Proceeds of Crime Act on unknown dates between 1 January and 12 October, 2012.

Solicitors for both accused accepted both men had prima facie cases to answer.

Both defendants were returned for trial – O’Donnell in custody and Doherty on continuing bail – to appear at Derry Crown Court on 3 April next.

Altnagelvin Hospital.

A woman accused of attacking her partner as he lay in an induced in the intensive care unit at Altnagelvin Hospital in Derry has had her bail conditions altered so he can go live with her.

Patrick Mongan was being treated for serious head and spinal injuries when the alleged incident occurred on 4 January this year.

His partner and sister, Eileen Stokes (29), from Mourne Park in Newtownstewart, Co Tyrone and Bridget Mongan (23), from Stanley’s Walk in Derry, are jointly charged with attempted grievous bodily harm with intent.

They are also accused with assaulting two nurses and a doctor and with disorderly behaviour in the unit.

Both women were remanded in custody when they appeared in court in January.

As part of their bail conditions when released from Hydebank Prison last month, they were banned  from all hospitals in the North and ordered to stay away from the alleged victim.

At Derry Magistrates Court today, Resident Magistrate Barney McElholm changed Stokes’ bail conditions so the victim could go live with her again in Newtownstewart.

Mr McElholm took the decision after being informed by Stokes’ solicitor, Keith Kyle, that the victim would not be pressing charges and that he wished to go back and live with her.

Objecting to the bail alteration, a PSNI constable told the court Stokes had a “problem with alcohol” and police feared she would commit similar offences.

Mr Kyle said while the alleged offences were “very serious” they should not be used as “a barrier” to the accused’s application to have her bail conditions altered.

Mr Kyle added there was “no statement of complaint” and the injured party did not intend to play a part in the prosecution.

Derry Courthouse.

Mr McElholm said the injured party would have “no part to play” in the case as he was unconscious at the time of the alleged assault, adding it was in the in the public interest that domestic violence wasw “eradicated.”

After being informed there were “no children involved,” Mr McElholm agreed to the variation in Stokes bail conditions to allow the injured party to return to live with her.

Mr McElholm pointed out if there had been “children involved,” he would not have granted the variation.

He added: “I’ll grant the variation and that is not to belittle the police concerns. I share their concerns.”

Eileen Selina Stokes,(29), with an address in Newtownstewart, and 23-year-old Bridget Patricia Mongan, of Stanleys Walk, are charged with attempted grievous bodily harm, common assault and disorderly behaviour.

The charges relate to an alleged incident in the Intensive Care Unit of Altnagelvin Hospital on January 4.

They were released on their own bail of £100 to appear in court again on March 13 and banned from entering any hospital except in an emergency.

They were released from Hydebank Prison last month and part of their conditions was District Judge Barney McElholm was told that during the attack at Altnagelvin Hospital in Londonderry on Saturday night, medical staff lay across the patient’s head in an attempt to protect him as his partner and sister punched and slapped him and tried to pull out medical drips attached to him.

Bridget Mongan (23), from Stanley’s Walk in Derry, and Eileen Stokes (29), from Mourne Park in Newtownstewart, Co Tyrone, are jointly charged with attempted grievous bodily harm with intent on Patrick Mongan last Saturday night.

They are further charged with assaulting two nurses and a doctor and with disorderly behaviour in the unit.

A police officer told Derry Magistrates Court that Stokes, who has 27 previous convictions, is Mr Mongan’s partner, and Mongan, who has 13 previous convictions, is his sister.

The officer said police responded to a 999 call from hospital staff who reported that the two women had attacked Mr Mongan as he lay seriously ill from injuries received during an earlier, apparently unconnected assault.

The two defendants had been in the unit earlier in the day visiting Mr Mongan but they returned in a drunken condition and punched and slapped him on the head and face as he lay semi-conscious.

Medical staff rushed to the room where they were verbally and physically abused by the defendants. The police witness said the defendants then “began to pull drips attached to the patient which medical staff say caused his condition to become unstable by increasing his blood pressure and his pulse rate”.

One of the nurses lay across the patient’s head to protect him.

The officer said the staff managed to remove the defendants, but they managed to regain entry to the unit by following a doctor after he used his swipe card.

They ran down the corridor chased by staff who prevented them from gaining access to Mr Mongan’s room.

However, Stokes managed to break free and she went into the room where she was seen pulling Mr Mongan across the bed.

The officer said he feared both women would attempt to re-enter the hospital if granted bail and he said, but for the staff’s intervention, the injuries sustained by Mr Mongan during the incident could have been much more serious.

Refusing bail, Mr McElholm said he could imagine in some circumstances people who pulled out medical drips being charged with attempted murder.

“Their behaviour was totally outrageous and but for the timely intervention of the medical staff could have been much more serious,” he said.

Both defendants wept as they were remanded in custody to appear by video-link on January 23.

A row which broke out in a Derry cinema over a man using his mobile phone during a film had its “final screening” at the local Magistrates Court today when those who use phones in such locations were described as “ignoramuses” by a judge.

William Anthony Chambers (58), of Hatmore Park, was charged with causing criminal damage to a  Samsung phone belonging to Dermot Robson.

The altercation took place at Brunswick Moviebowl on 13 October last year.

The court was told Mr Robson continued to use his phone during the screening of a film despite a number of requests from Chambers for him to stop.

The court heard the phone was knocked out of  its owner’s hand and fell to the ground when Chambers went to grab it.

Defence solicitor, Paddy Kelly, said the incident was “a storm in a teacup that got out off hand.”

Resident Magistrate Barney McElholm said he could understand people forgetting to turn off their phones but those who used them in such locations showed a “lack of courtesy” and were “ignoramuses.”

Mr McElholm granted the accused and an absolute discharge and ordered no compensation be paid for the damage to the phone.

The Department of Enterprise, Trade and Investment (the Department) has accepted disqualification undertakings for eight years from the directors of a Derry nightclub/off licence and a property development company.

The undertakings came from David Heaney (37) and Majella Heaney (64), both of Buncrana Road, Londonderry, in respect of their conduct as directors of Rosemount Developments (Derry) Limited.

The company traded as Bar Zu incorporating a nightclub and off-licence from Rosemount Factory Premises, 65 Rosemount Avenue and also carried on the business of property owning and managing (commercial tenanted property) from the same address.

It went into administrative receivership on 10 January, 2011 with estimated total assets of £550,000, liabilities to secured creditors of £2,500,000, liabilities to preferential creditors of £1,000, liabilities to non-preferential creditors of £185,958, and an estimated deficiency as regards creditors of £2,136,958.

After taking into account the losses incurred by members (the shareholders) of the company the total estimated deficiency was £2,136,960.

The Department accepted the disqualification undertakings from the pair on 2 January and 29 January this year respectively based on the following unfit conduct which solely for the purposes of the disqualification procedure was not disputed:

causing the company to fail to conduct its trading transactions through a separate bank account in its own name from at least March 2010 to 10 January 2011;

causing the company to fail to maintain and/or preserve full accounting records;

causing and permitting the non payment of monies in the sum of £64,829 properly due to the Crown consisting of £2,581 in respect of PAYE for the years 2009/10 and 2010/11;

£5,000 in respect of NIC for the years 2008/09 to 2010/11; and £57,248 in respect of VAT for the quarter periods November 2008 to February 2011;

putting at risk the future income from the sales of intoxicating liquor and the value of the company’s intoxicating liquor licence;

failing to act in the best interest of the company by failing to properly execute leases, and failing to confirm accurate tenancy details;

failing to file the annual accounts for the company in respect of the year ending 31 July, 2009.

Derry Courthouse.

A Derry woman was ordered to do 200 hours community service when she appeared at Derry Crown Court today charged with wrongly obtaining benefits totalling £33,576.

Mary Gormley (49), of Quarry Street in the  Brandywell area of the city, claimed Income Support, Housing Benefit and Jobseekers Allowance while failing to declare employment.

The offences occurred between 5 July, 2006 and 6 November, 2012.

She is also required to repay any outstanding money wrongfully obtained to the Social Security Agency

Coleraine Courthouse.

A depraved father and his brother have been sentenced to a total of 51 years in jail for the horrific abuse of their daughter and niece.

Sentencing the father to 28 years and the uncle to 23 years at Coleraine Crown Court, Judge Gordon Kerr QC described the abuse as “unprecedented depravity.”

The men, who cannot be named for legal reasons, were found guilty last month after a three-week trial during which the daughter told how she was  raped 1,000 times.

She was just four years old when the abuse began and it continued until she was an adult.

The court heard she was abused on an almost daily basis, and it even continued after the brothers left their family home and got married.

The father was found guilty of 31 offences including six rapes of his daughter, the victim’s uncle was also found guilty of carrying out three rapes on his niece.

A third accused man – a family friend – was acquitted.

Following the trial, Judge Kerr told the jury that given the length and graphic nature of the evidence, if they wished, they could excused from further jury service for life.

Passing sentence today, Judge said the offences were of a “level of depraved behaviour that was almost unprecedented.”

He  said the brothers were responsible for “the cold, cynical exploitation of a young girl… they used her as a personal plaything for their own sexual gratification.”

Derry Courthouse.

A 15-year-old boy is to appear at Derry Magistrates Court this morning charged in connection with an alleged sex attack on a school girl in the city yesterday morning.

The teenager has been charged with a number of offences including attempted rape and common assault.

The charges relate to an incident at a bus stop at Rathkeel Way in the Creggan area.

THIS is the shocking video which has sparked a probe into the conduct of two female police officers.

The footage shows what appears to be a drunk woman being lifted by two female cops from the middle of the road, lay her at the side of the roadway and then left her lying before driving off.

The incident which happened in John Street has been posted on social media.

The footage shows three uninformed PSNI officers get out of an unmarked silver Ford Mondeo police car.

While the male driver of the car stands by the driver’s door, two female officers lift the woman from the road and lay her by the side of the roadway in an area clearly marked for buses, before all three get back into their vehicle and drive off, leaving the woman lying.

Equally as shocking, pedestrians, motorists and a bus driver also ignore the woman.

A 15-year-old boy charged in connection with an alleged sex attack on a teenage schoolgirl in the city yesterday morning was released on bail to allow psychiatric tests to be carried out when he appeared at Derry Magistrates Court this afternoon.

Derry Courthouse.

The schoolboy, who cannot be named for legal reasons, faced a total of seven charges in connection with the alleged incident which occurred at Rathkeele Way in Creggan yesterday morning.

He is accused of attempted rape, kidnap, two counts of false imprisonment, assault and  touching the girl in a sexual manner.

Releasing the boy on bail so he could be examined by a psychiatrist, Resident Magistrate ordered him to be electronically “tagged.”

The boy is due back in court again tomorrow.

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A gas fitter has been jailed for four years for causing the deaths of two teenagers by carbon monoxide poisoning at a holiday apartment at a Co Derry seaside resort nearly three-and-a-half years ago.

Neil Ferran and Aaron Davidson.

Friends Neil McFerran and Aaron Davidson, from Newtownabbey in Co Antrim, were found dead by their parents after being overcome by the gas while holidaying in Castlerock on 3 August 2010.

George Brown (52), from Ballygawley Road, Aghadowey, Co Derry will serve half of the sentence in jail and the other half on licence after admitting the manslaughter of the two boys at Coleraine Crown Court sitting at Laganside Court in Belfast.

He also admitted and a further 19 charges involving failures in health and safety legislation.

They included failure to protect non-employees, failing to ensure those fitting gas appliances were qualified, and incorrectly fitting and failing to test that appliances were correctly connected.

He had initially denied the charges but changed his plea to guilty at an earlier court hearing.

The two 18-year-old friends, former prefects at Glengormley High School, had been on a break in the seaside town  ahead of getting their exam results.

Derry Courthouse.

A Derry food group has been fined for breaching its Pollution Prevention and Control Permit.

Foyle Food Group was fined £750 after pleading guilty at Derry Magistrates Court today.

The breach related to the Foyle Proteins rendering plant at Lisahally.

On 13 March, 2012, an inspector from NIEA (Northern Ireland Environmental Agency) found a large quantity of animal by-products had been spilled below the raw material reception area in the plant, which was contrary to the requirements of the permit.

Despite this the plant kept operating and processing more material.

The company was also ordered to pay £20 costs.

Three Derry people were given conditional discharges when they appeared at the local Magistrates Court today on separate charges of falsely claiming benefits totalling over £8,600.

Adele Gallagher (25) of Ardnamoyle Park, Shantallow claimed Income Support totalling £3,082 while failing to declare employment.

She was given a conditional discharge for two years and ordered to pay court costs of £31.

Maria Porter (47), of Forest Park in the Rosemount area, claimed Income Support totalling £3,021 while failing to declare employment.

She was given a conditional discharge for two years and ordered to pay court costs of £40.

Aiden Devine (37) of Dereen Drive in Strathfoyle, claimed Jobseekers Allowance and Housing Benefit totalling £2,536 while failing to declare employment.

He was given a conditional discharge for two years.

All are also required to repay any outstanding money wrongfully obtained to the Social Security Agency.

Awaiting sentencing: Brendan McGowan.

A 69 year old Derry man will be sentenced on Monday after admitting sexually abusing a boy over a four year period.

Brendan McGowan, from Brewsters Close in the William Street area of the city,  initially denied the offences but changed his plea to guilty shortly before his trial was due to get under way at Derry Crown Court last month.

The former Derry City Council employee admitted a number of charges including indecent assault,  committing an act of gross indecency with or towards the boy and inciting the boy to commit an act of gross indecency.

A charge of attempted buggery has been left on the books, not to be proceeded with without the permission of the court.

Prosecutor Russell Connell told Derry Crown Court today the offences occurred over a four-year period starting in 1989 when the boy, aged 12, was a first year pupil at a local secondary school.

The court was told the accused made friends with the boy who he met while acting as a swimming instructor.

The court heard the offences took place in at a flat in Colmcille Court in the Bogside area of the city where both went to listen to jazz music.

Outlining the details of the offences, Mr Connell said they ranged from the accused inappropriately touching the boy to committing a sex act over the injured party while he lay naked on the floor.

The court was also told the offences included the defendant committing a sex act on the boy and getting injured party to perform a similar act on him.

Mr Connell said while the boy was in fourth year at school he realised what had happened was wrong and stopped seeing the accused.

The court was told after not telling anyone for a number of years, the boy then reported the abuse to police.

Defence barrister Brian McCartney told the court the accused, who admitted to being homosexual and who played a pivotal role in the setting up of the Rainbow support group for gay people in the city, was “deeply remorseful” at what had happened and had “misread the signals” of the friendship.

Stating he wanted to to reflect on the case, Judge Phillip Babington adjourned sentencing until Monday afternoon next.

Releasing McGowan on bail, Mr Babington said it should not be taken as an indication of what course was to be taken when it came to sentencing.

At a previous court appearance, McGowan – who worked at the Derry City Council run Templemore Sports Complex and Tower Museum – was ordered to sign a Sex Offender’s Notification Order, the terms of which state he must inform the police of a change of address and of any plans to leave Northern Ireland for a period of three days or more.

Derry Courthouse.

A 43-year-old Derry man is awaiting sentencing after pleading guilty to having cocaine with intent to supply.

Daniel Gerald Doherty, of Liscannor Park in the Foyle Springs area of the city, admitted having the Class A drug with intent to unlawfully supply on 14 July last year.

He pleaded guilty to the charge when he appeared at the Derry Crown Court today.

Ordering a pre-sentence report, Judge Phillip Babington remanded Doherty in custody to 2 May next.

A 31-year-old woman, charged with a number drug offences including being concerned in the supply of cocaine, walked free from court today after it was revealed her convicted drug dealer ex-boyfriend had coerced her and used her as a “guinea pig” on “new substances” he was supplying.

Sharon Marie O’Kane, of Craigavole Terrace in Maghera, was ordered to do 200 hours Community Service after she pleaded guilty to a number of drugs offences, including being concerned in the supply of cocaine and cannabis, when she appeared at Derry Crown Court.

The offences, which also included the supply and possession with intent to supply a Class B drug, were committed between 8 May and 26 June 2012.

The court heard O’Kane’s involvement in the drug trade emerged during a police investigation into her then boyfriend, Edward Gallagher.

Earlier this year, Gallagher (36), of Mullaghboy Heights in Magherafelt, was jailed for 32 months after he admitted possessing, possessing with intent to supply and being concerned in supplying cocaine between May 2012 and March last year.

He was arrested after police found drugs totalling between £25,000 and £47,000 in a car he had been driving on Highfield Road in Magherafelt on the evening of 9 June, 2012.

The police examined Gallagher’s two mobile phones and found over 1,000 text messages relating to him supplying drugs.

At today’s court hearing, a PSNI officer involved in the case said the only link to O’Kane’s involvement in the drugs trade were mobile phone messages between the two.

The officer told the court that at the time, the defendant was a “drug user” and messages retrieved from her phone showed she was being controlled, threatened and coerced by Gallagher.

The court was told a number of the messages included threats from O’Kane to report Gallagher to police, although she never did.

The officer told the court police where satisfied O’Kane, who did not gain financially from her involvement, was no longer in a relationship with Gallagher who, he added, had used her as a “guinea pig” for “new substances” he had intended to supply.

The police witness added O’Kane was now “completely clear of drugs” and was a “completely different person” from the one he met initially.

A defence barrister told the court, the defendant’s involvement was as a “direct result” of her relationship with Gallagher.

He added that while in that relationship, she developed a dependency for drugs but she had since “turned her life around,” “addressed her demons in a considerable fashion” and had emerged from a “dark period” in her life.

Passing sentence, Judge Phillip Babington said it was “quite clear” the defendant was “totally dependent” on Gallagher.

He added: “If she had not been with Gallagher, she would not be here today, of that I am totally satisfied.”

Ordering O’Kane to do 200 hours Community Service, Mr Babington told her if she had denied the charges and had been found guilty, she would have gone to prison.

Jailed: Brendan McGowan.

A 69 year old Derry man who groomed a 12 year old schoolboy for his own sexual desires is beginning an 18 months jail sentence after admitting a number of sexual abuse offences at Derry Crown Court.

Brendan McGowan, from Brewsters Close in the William Street area of the city,  pleaded guilty to a total of nine charges,  including indecent assault,  committing an act of gross indecency with or towards the boy and inciting the boy to commit an act of gross indecency.

A charge of attempted buggery has been left on the books, not to be proceeded with without the permission of the court.

The offences took place over a four-year period, beginning in 1989 when the boy was 12 years old.

A previous court hearing heard McGowan met his young victim while he was working as a swimming instructor at the City Baths in William Street.

During the period of abuse, which occurred in defendant’s flat in Colmcille Court, McGowan performed sexual acts on the boy and got his young victim to replicate the acts on him.

On one occasion, McGowan got the boy to lie naked over the floor and masturbated over him.

The young victim was a fourth year in school when he realised what was happening was wrong and stopped seeing McGowan.

The court was told after not telling anyone for a number of years, he eventually reported the abuse to police when in May 2012.

The court also heard McGowan was a homosexual and had been to the forefront of setting up the Rainbow support group for gay people in the city.

Passing sentence, Judge Phillip Babington said it was clear McGowan had groomed the boy for his own sexual desires.

Referring to a victim impact report, Judge Babington said the abuse had a profound effect on the young boy, now 36 and referred to in court as “M,” who continued to question his own sexual identity.

McGowan was jailed for a total of four and a half years, 18 months of which will spent in custody followed by three years on probation.

He was also disqualified from working with children for life.

Foyle Street.

A man was kicked unconscious by a up to four men in a vicious assault in Derry city centre in the early hours of yesterday morning.

The incident occurred close to Central Library on Foyle Street around 2.00am.

The victim was knocked to the ground, before being knocked unconscious after being kicked about the head and upper body by up to four attackers.

The injured man was taken by ambulance to Altnagelvin Hospital but was later discharged.

A PSNI spokersperson asked anyone with information about the incident to contact the non-emergency number, 101, asking for police at Strand Road, quoting reference number 140 23/03/14.

The spokesperson said, alternatively, callers who do not wish to disclose their details could call the Crimestoppers charity anonymously on 0800 555 111.

Mark Cassidy leaving Letterkenny District Court today.

A Derry man charged with having explosives in Co Donegal was again remanded in custody when he appeared in court today.

Mark Cassidy, a member of the Irish Defence Forces, is charged with possession of explosives in suspicious circumstances on 17 February last.

Cassidy, originally from Derry but with an address at Apartment 3, Grianan Vale, Ballyderowen, Burnfoot is further charged with unauthorised possession of ammunition on the same date.

During a brief appearance at Letterkenny District Court, the prosecution said the book of evidence in the case was almost ready.

Inspector Goretti Sheridan said the majority of the work in the investigation had been done with the exception of two forensic reports which were awaited from Dublin.

Defence barrister Peter Nolan said he could not oppose an extension of the remand in custody adding  it was “quite a complicated case”.

Cassidy was remanded in custody to appear at Harristown District Court on Friday.

Letterkenny Courthouse.

A wheelchair user attacked a Garda after he was stopped for drink-driving in Co Donegal, a court has heard.

Thomas Scarlett  (34), of Ballinagard Crescent, Culmore, Derry, punched a Garda in the stomach and then threw himself out of his wheelchair twice after being taken to Letterkenny Garda station.

Gardai Elaine Gordon and and Paul McGee told Letterkenny Court they were tipped off that Scarlett had been drinking in the Clanree Hotel in Letterkenny before driving off.

They stopped Scarlett in his specially-adapted car at Drumbarnett Lower, Manorcunningham on 11 September, 2012.

Garda Gordon said she immediately smelled alcohol from Scarlett who became very abusive.

He began shouting obscenities at the officers and then punched Garda Gordon in the stomach when he was being helped out of his car.

He then refused to get out of the Garda patrol car when taken to Letterkenny Garda Station and acknowledge the member in charge.

When he was taken into the station he threw him out of his wheelchair twice and then complained of a sore back.

Scarlett was taken to Letterkenny General Hospital but he refused to be treated.

He was then taken back to Letterkenny Garda Station but was abusive to ambulance personnel on the way back.

He eventually undertook a breath test which produced a reading of 52 micrograms of alcohol per 100 millilitres of breath.

Judge Paul Kelly asked was Scarlett going to be permanently in a wheelchair and he was told he was after suffering injuries in a motorcycle accident.

Scarlett was fined €250 and disqualified from driving for two years.

The Department of Enterprise, Trade and Investment has accepted disqualification undertakings from two former directors of Derry City Football Club.

The undertakings, for eight years from Stephen McCarron (42) of Moore Street, Derry, and three years from Eamonn Lynch (41) of Mansfield Grove, Derry, were in respect of their conduct as directors of Wellvan Enterprises Limited.

The Department previously accepted disqualification undertakings for nine years; six years and six years from three other directors on 24 October 2013, and six years from another director on 25 October 2013.

The Company traded as Derry City Football Club and entered administration on 20 November 2009 with estimated total assets available for preferential creditors of £380,000, liabilities to preferential creditors of £45,866, liabilities to unsecured creditors of £1,648,156, and an estimated deficiency as regards creditors of £1,314,022.

After taking into account the losses incurred by members (the shareholders) of the Company the total estimated deficiency was £1,434,522. The company subsequently went into liquidation on 10 November 2010.

The Department accepted the disqualification undertaking from Stephen McCarron on 5 February 2014 based on the following unfit conduct which solely for the purposes of the disqualification procedure was not disputed:

▪ causing and permitting improper use of dual contracts in respect of the participation in the League of Ireland by causing and permitting both the continued use of pre-existent sham contracts and the submission of other new sham contracts to the FAI in an attempt to circumvent the requirements of a protocol designed, inter alia, to prevent financial mismanagement of football clubs;

▪ causing and permitting the Company to fail to secure an apartment for a prize in the development draw, by failing to ring fence funds for that purpose and failing to account for same to the Joint Administrators and Joint Liquidators;

▪ causing and permitting the company to fail to maintain/preserve/deliver up adequate accounting records;

▪ causing and permitting the company to make preference payments to himself and other directors of £133,000 which reduced the amount owed by the Company to the directors to £146,443;

▪ causing and permitting the Company to accept customer prepayments at a time when there was no reasonable prospect of avoiding a formal insolvency and/or failing to supply services paid for;

▪ causing and permitting the company to misuse a bank account at the Bank of Ireland in that a total of 15 cheques with a value of £64,662 were returned unpaid in the period 7 May 2009 to 21 November 2009.

▪ causing and permitting the Company to be financed by the retention of £785,295 due to the Crown consisting of £343,746 in respect of PAYE tax and £309,562 in respect of NIC for the tax years 2008/09 and 2009/10; and £131,987 VAT from the quarters ending 04/2008 to 01/2010; and failing to submit Crown returns on time, or at all.

The Department accepted the disqualification undertaking from Eamonn Lynch on 17 February 2014 based on the following unfit conduct which solely for the purposes of the disqualification procedure was not disputed:

▪ causing and permitting improper use of dual contracts in respect of the participation in the League of Ireland; drawing up and submitting to the FAI, deceptive and or sham contracts; attempting to circumvent the requirements of a protocol designed, inter alia, to prevent financial mismanagement of football clubs;

▪ causing and permitting the Company to fail to secure an apartment for a prize in the development draw, and/or to failing to account for same to the Joint Administrators and Joint Liquidators;

▪ causing and permitting the company to fail to maintain/preserve/deliver up adequate accounting records;

▪ causing and permitting the company to make preference payments to himself, and other directors of £81,500, which reduced the amount owed by the company to the directors;
▪ causing and permitting the company to be financed by the retention of £384,376 due to the Crown consisting of £168,494 in respect of PAYE tax and £149,740 in respect of NIC, and £66,142 in respect of VAT from 24 June 2008 to 27 February 2009; and failing to submit quarterly VAT returns to the Crown on time for the quarters 07/2008 to 10/2008.