Order for arrest of former hurler Codd
A Judge has ordered that former Wexford hurling star Paul Codd be arrested and brought before the High Court to explain his failure to co-operate with the bankruptcy regime.
Mr Codd, an All Ireland winner in 1996, and a former captain of Wexford, who failed to appear before the court on Monday, faces a period in Mountjoy Prison for allegedly being in contempt of court orders directing him to engage with the official in charge of his bankruptcy.
He was adjudicated bankrupt by the High Court last March arising out of his failure to satisfy a judgment for €530,000 secured against him in 2011 over the purchase of a farm at Askinfarney.
However, Mr Codd has failed to deal with the Official Assignee in bankruptcy Mr Chris Lehane, the court appointed official whose role is to assist bankrupts in their obligations to their creditors, as required under bankruptcy laws.
Yesterday, following his failure appear before the High Court, Mr Justice Daniel Herbert ordered that he be arrested by the gardai and brought before the High Court at the earliest possible opportunity to see if the former hurler will abide by the orders of the court.
The court heard Mr Codd failed to complete a statement of his affairs as required under bankruptcy laws. The official assignee said he was not provided with all the necessary documentation and information so he could administer the former hurler's estate.
Several attempts were made to ensure Mr Codd would engaged with the bankruptcy process, and proceedings had been adjourned on a number of times. In his view Mr Codd is 'in contempt of court,' Mr Lehane told the court.
Last August Mr Lehane secured an order from the High Court directing that Mr Codd be arrested if he failed to appear at court yesterday (Monday).
A Mr James McCarthy attempted to make representations on Codd's behalf but the Judge said that as Mr McCarthy was neither a solicitor or barrister he was not entitled to be heard.
Mr Codd, who should have attended court, needed to be represented by a barrister or solicitor the Judge said. 'There are plenty of lawyers in Ireland,' the Judge said.
The application to have Mr Codd declared bankrupt arose out of a sale by David Deasey a dairy farmer from Timoleague, County Cork, of 46 acres of land at Askinfarney Clonroche, Co Wexford, to Codd for approximately €800,000. While a deposit of €40,000 was paid Codd had not completed the sale.
Mr Deasy obtained a judgment of €530,326 against Codd in 2011. When that judgment was not satisfied Mr Deasey petitioned the court to have Codd adjudicated bankrupt.
Mr Codd's debts, combined with those of his now-dissolved company Paul Codd Ltd, are estimated to be approximately €4.9m.
Separately Friends First Finance have brought proceedings against Mr Codd, seeking the return of 10 pieces of plant and machinery it says it leased to the former hurler, and his company.
Mr Justice Herbert on Monday made orders including one prohibiting Mr Codd from dealing with or disposing of the itmes of machinery.
The Judge said he was placing a stay on the orders pending the official assignee being satisfied about Friend's First Finance's claim that it is entitled to the machinery, and that it does not form part of Mr Codd's estate to be administered by the official.