Lawyer outlines litany of health issues affecting former building society chief executive
Health issues means former Irish Nationwide boss Michael Fingleton cannot get a fair trial, his lawyer told the Court of Appeal. Photograph: Alan BetsonFormer Irish Nationwide Building Society chief, Michael Fingleton faces the “serious risk of an unfair trial” over alleged negligent mismanagement of the failed lender, as he is incapacitated and unable to contribute to his defence, his lawyer said on Monday.
Micheál P O’Higgins SC also told the Court of Appeal that the pursuit of the 84-year0old banker by Irish Bank Resolution Corporation , which took over Irish nationwide in 2011, for the society’s €6 billion losses is less about recovering the amount claimed and more about securing a “legacy pronouncement” that he be “recorded in history as the person who collapsed the building society”.
IBRC initiated its case in 2012. The High Court last year rejected a challenge by Mr Fingleton aimed at stopping a civil trial going ahead. The Court of Appeal is now hearing an appeal taken by the former Irish Nationwide chief executive against that ruling, which has since been taken over by his wife and son, after they secured enduring powers of attorney due to Mr Fingeton’s ill health.
Mr Fingleton was diagnosed with skin cancer in 2017, was hospitalised with a “severe depressive episode” a year later, the court heard. In 2019, he suffered a “devastating stroke” that has left him confined to a wheelchair, Mr O’Higgins told the court. He added that cognitive tests carried out on Mr Fingleton “put him the typical range” of someone with Alzheimer’s disease.
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