The High Court has heard that former Chief Executive of the charity Bothár, Mr David Moloney, with an address at Clino, Newport, Co Tipperary, misappropriated significant quantities of cash donated to the charity. to fund his lifestyle, over a 21-year period
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In a sworn statement to the court Mr Moloney, confirmed that he had been generous with donated funding, which he claims he spent on items such as family holidays and on friends. He further stated that he never lodged misappropriated funds to any banks, nor had he kept any of the cash stolen.
Misappropriated monies, he claimed, were paid to others, including the late Bothár founder Mr Peter Ireton. Mr Moloney further claims that his wife, Mrs Olive Moloney, did not knowingly benefit from these funds he dishonestly extracted away from their intended purpose and furthermore his wife was never given any of the cash he wrongly misappropriated.
In his sworn statement to the court, Mr Moloney said he was deeply sorry, appalled at the damage he had caused and was deeply embarrassed.
However, the charity Bothár, represented by Mr Frank Beaty SC, refused to accept his explanations regarding what has happened to the stolen charity proceeds.
On Friday the High Court, based on Mr Moloney admissions, agreed to vary the freezing order which was preventing the former CEO from reducing his assets.
Mr Justice Senan Allen presiding stated that he was prepared to make orders allowing Mr Moloney certain variations on the original freezing orders, releasing €13,000 from a Credit Union account, thus allowing him to make payment towards his legal fees, since Mr Moloney’s current income was only from welfare payments.
He also permitted Mr Moloney to make payments out of accounts in his name, latter the proceeds of his salary, towards what the defendant claimed are essential day to day living expenses, e.g. childcare costs, mortgages repayments, house insurance and matters relating to investment property which he owns.
Mr Justice Senan Allen dismissed an application by his wife, Mrs Olive Moloney, against whom no allegations of wrong doing have been made; to vary the orders.
Mrs Moloney had sought orders seeking that €12,000 be released from a Credit Union account, in her husband’s name, to pay her legal fees. She also sought an order for the release of certain moneys from a Permanent TSB Account which was in joint ownership with her husband; to go towards her and her children’s living expenses.
While expressed sympathy on the situation that Mrs Moloney found herself in, due to her husband’s theft and since no evidence had been given to the court as to her financial contribution to those assets; Mr Justice Allen rejected her applications.
The Charity Bothár, represented by Mr Frank Beaty SC, opposed the applications, on grounds including that information and details provided to the charity Bothár, by the Moloney couple, was insufficient to allow the court make any variations to the previous court orders.
The matter is expected to return before the High Court next month.
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