Saturday 17 August 2019

Hurler Paul Codd freed after night in prison

Former Wexford Hurling captain Paul Codd leaving court last year after a High Court hearing.
Former Wexford Hurling captain Paul Codd leaving court last year after a High Court hearing.

former Wexford hurler Paul Codd was freed from jail last Friday just a day after he was jailed for contempt of court.

Codd of Askinfarney, Clonroche as freed after undertaking to co-operate with the official administering his bankruptcy and to facilitate the handover of leased farm machinery and other vehicles.

Codd was jailed on Thursday over contempt of orders and undertakings to co-operate with official assignee Chris Lehane but returned to court on Friday evening seeking to purge his contempt.

Mr Lehane had sought the jailing order after saying Codd had not co-operated or returned nine items of machinery leased by Friends First Finance or €460,000 worth of farm machinery leased by Deutsche Leasing Ireland.

On Friday, Mr Codd told Mr Lehane a number of the vehicles sought by leasing companies were stored in a shed at a relative's property. He said he had sold one vehicle, a trailer, for €6,000 but could not recall the precise details of the Northern Ireland purchaser.

Another vehicle was impounded due to an insurance certificate being out of date and he believed others which he had sent for repair to different premises in Co Wexford had been repossessed by Friends First Finance, he said.

Counsel for that company said his understanding was the company had not repossessed any of nine vehicles it has leased to Mr Codd but he needed to clarify the position.

On Friday Mr Lehane said progress had been made on several matters and he was prepared to trust Mr Codd would co-operate. Mr Lehane also said he had previously wrongly said Mr Codd had transferred an asest when it appeared a bank receiver had done so.

Ms Justice Caroline Costello said, if there had been early and timely co-operation by Mr Codd, there may have been less confusion about matters. She added she accepted it was unlikely Mr Codd had sought to transfer property in breach of his status as a bankrupt.

Mr Lehane said there were also discussions between the leasing companies and Mr Codd concerning recovery of the assets.

Counsel for Deutsche Leasing said they did not have sufficient trust in Mr Codd that its leased assets would be secured.

COdd providing an undertaking that he would not to remove any of the vehicles overnight and would to facilitate their handover to agents of the leasing companies.

Codd was jailed on Thursday morning by Ms Justice Caroline Costello for his refusal to cooperate with his bankruptcy.

She said that Codd's refusal to answer questions about his assets put to him by Chris Lehane amounted to contempt of court.

Codd was arrested on Thursday morning in Co Wexford and brought before the Court by members of the Gardai on foot of a warrant issued for his attachment in March 2014.

The court issued the warrant after the it was informed the Wexford hurler had not complied with undertakings, given in January 2014, to meet with the court appointed official in charge of his bankruptcy Mr Chris Lehane.

In January Codd gave sworn undertakings to co-operate with Mr Lehane and also to return several items of machinery which had been leased to Mr Codd's now dissolved company Paul Codd Ltd.

In March 2013 Codd was adjudicated bankrupt by the High Court arising from his failure to satisfy a judgment secured against him in 2011 for €530,000.

His bankruptcy arose out of a sale by David Deasey, a dairy farmer from Timoleague, Co Cork. He sold Codd 46 acres of land for about €800,000 and, while a deposit of €40,000 was paid, Codd had not completed the sale.

Mr Deasey went on to obtain a judgment of €530,326 against Mr. Codd in 2011 and when that was not satisfied Mr Deasey petitioned the court to have Mr. Codd adjudicated bankrupt.

Codd's debts, combined with those of his company, are estimated to be €4.9 million.

Wexford People