Row breaks out in John Magnier case over claims witness was being given nods over answers
AN ARGUMENT BROKE out at today's hearing in the High Court case taken by bloodstock billionaire John Magnier over a failed property deal for a Co Tipperary estate when lawyers claimed that a member or members of the gallery were attempting to communicate with a witness under cross-examination by nodding to him on certain answers.
Mr Magnier has taken a High Court case to enforce a €15 million deal he claims was agreed with a Tipperary landowner over a large tract of land. Barne Estate later sold the land to a US property magnate for €22.25 million.
The nodding claim was made today by Martin Hayden SC, for Barne Estate, while his colleague Niall F Buckley SC was conducting the cross examination of Tim Gleeson, a financial manager at Mr Magnier's Coolmore Stud.
Mr Gleeson was giving evidence on communications timelines, statements and meetings surrounding the failed deal.
Mr Hayden apologised for interrupting the cross examination and claimed that he had been informed by a note from his legal team that a member or members of the gallery had been nodding at the witness.
The members of the Magnier side sit on the opposite side of the court from the Barne Estate side.
Mr Hayden gestured towards the Magnier side and told Mr Justice Max Barrett that he was asking individuals 'on the Coolmore side to stop making head gestures' in relation to questions asked of Mr Gleeson.
'It has happened on four occasions now in relation to particular questions asked and head gestures are being made by certain individuals in the gallery,' said Mr Hayden.
Mr Gleeson said he did not see any gestures and that he was following documents from the witness box and facing the judge when answering questions.
Paul Gallagher SC, for the Coolmore side, said he did not accept the assertion made by Mr Hayden.
Around ten minutes later, Mr Hayden rose again to address the judge on the same issue saying 'it is occuring again'.
Mr Hayden told the judge that he had 'quite.deliberately' not named the individuals but that he did not wish for it to happen again 'because they are giving indications of what the answers should be – that's unacceptable'.
Mr Gallagher said that this was 'an outrageous statement to make – it's not true'.
'I know Mr Gallagher is all-powerful but I don't think he has eyes in the back of his head, I'm not sure he can see what is going on,' said Mr Hayden.
Mr Justice Barrett asked all present to refrain from any nodding upon hearing responses given by the witness.
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A third interruption to the cross-examination happened moments later, arising this time from Mr Gallagher.
Mr Gallagher said that a member of the defence's legal team was now turned and staring at the gallery where the Coolmore side were sitting at the rear of the court.
'Judge, one of the junior counsels is staring at my clients at this stage,' he said.
Mr Gallagher said this was 'highly inappropriate' and that 'nothing of the sort had happened'. 'I strongly object to it,' he said.
Mr Hayden said it was entirely appropriate that the defence's side made sure the claimed behaviour did not happen again.
The hearing then re-commenced for Mr Gleeson to conclude his evidence.
The case centres on Mr Magnier's – founder of the world-famous Coolmore Stud – claim that a US-based construction magnate, Maurice Regan, the eventual preferred buyer, engaged in a 'full-frontal assault' on Mr Magnier's claimed deal to buy the 751-acre tract.
Mr Magnier's proceedings claim that Barne Estate reneged on the alleged deal, preferring to sell the land at the higher price of €22.25M to Mr Regan, the founder of the New York building firm JT Magen.
The Magniers say the deal was struck at an August 22, 2023, kitchen meeting at Mr Magnier's Coolmore home. They also claim an exclusivity agreement that was in effect from August 31 to September 30 stipulated that the estate would not permit its representatives to solicit or encourage any expression of interest, inquiry or offer on the property from anyone other than Mr Magnier.
Barne Estate has been held for the benefit of Richard Thomson-Moore and others by a Jersey trust.
The Magnier side has sued the Barne Estate, Mr Thomson-Moore and three companies of IQEQ (Jersey) Ltd group, seeking to enforce the purported deal, which they say had been 'unequivocally' agreed.
The Barne defendants say there was never any such agreement, as they needed the consent of the trustees to finalise any agreement and subsequently they preferred to sell the estate to Mr Regan.
Mr Regan is not a party to the case.
The High Court also heard today from Jerome Casey, a senior member of staff at Coolmore who fronts property deals for Mr Magnier. Mr Casey told Caren Geoghegan SC, for the Magniers, 'we are honorable people' who would not go back on an agreed deal.
Mr Casey said the exclusivity agreement was put in place because contracts for the estate had not been issued immediately to Coolmore by the vendors' solicitors and by late August he was made aware that Mr Regan was 'not happy' about the purported sale of the land to the Magniers.
Mr Hayden asked Mr Casey if the main reason for the exclusivity agreement was Mr Regan's interest and was told 'very much so'.
The case continues before Mr Justice Barrett.
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