Monday , January 17 2022

Women's disputes claimed by ex-friends € 280,000 was a loan, not a donation



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John to Jacqueline Keenaghan, from Ballyshannon, Co. Pictured at Donegal Pic Four Courts: Collins Courts
John to Jacqueline Keenaghan, from Ballyshannon, Co. Pictured at Donegal Pic Four Courts: Collins Courts

A woman was distressed several times in the High Court in objection to claims from former close friends that € 280,000 was given to her as a loan and not a donation.

Jacqueline Keenaghan said she had been close friends for years with Fidelma & Della & # 39; Kerrigan and sister Celine and could not understand why they claimed she had failed to repay the money, and said she would be "offered to her" completely out of & # 39; r green "in August 2010.

Ms Justice Deirdre Murphy has heard that the € 280,000 is part of compensation of € 750,000 secured by Della about two weeks earlier over serious personal injuries that she suffered in a road crash in 2002 when her father died.

In evidence on Tuesday, Ms Keenaghan denied claims from the sisters the money offered as a loan after she told them she was afraid to lose her home as a result of the architectural business of her husband John in trouble, had problems with giving food on the table, from their foreheads for money or have tried money from them.



Fidelma Kerrigan, or Ballyshannon, Co. Donegal pictured leaving the Four Courts after the second day of High Court action. Pic: Courts Collins

Fidelma Kerrigan, or Ballyshannon, Co. Donegal pictured leaving the Four Courts after the second day of High Court action. Pic: Courts Collins

He said that Celine had pushed her about how her husband was doing and said she owed him more than € 200,000 but worked with the bank, revenue and a lawyer to go to tackle that.

"Hand on the heart and on my mother's grave, I have never asked for money from those girls, this is not that kind of person.

"We're very safe and we're paying everything and if the girls did not decide then they wanted to give us a gift, we would have worked with revenue and working with the bank."

She was "stunning and emotional" when the sisters offered her € 240,000 on August 7, 2010, but she told them she could not accept it, she said. Over the next few days, the sisters urged her and her husband to take the money, but they continued to refuse, he said.

Her husband said they could not take her because they could not repay her but the sisters continued, insisting on being a donation, not a loan, and she must accept it, he said.

The sisters said they "loved me so big", this was what they wanted to do and making this gift of money, along with another donation to their own niece, would make them feel better over the road crash, he said.

She agreed to her husband on August 16 to receive the money and she was given her € 280,000 in bank drafts on August 30, 2010. He presented that day and used most of her to pay & # 39 ; r bank, revenue, accountant, VAT and various variable debts and expenses, he says.

Addressing Della's distress for Ms. Keenaghan's daughter has hired a restriction for her reliance, Ms Keenaghan said her daughter was sitting with a Leaving Certificate in 2006, four years before I # 39 The money issue rises.

In his actions, Della Kerrigan, (59), one woman from Benildus Avenue, Ballyshannon, Co Donegal, claims to have agreed and always understood that the money was a short-term loan that could be called in, allowing a reasonable period for the defendants to establish their new business.

Both sisters tried to repay in 2014 but it has not been paid and Ms Kerrigan is now on social welfare payments, the court heard.

The defendants, from Rathmore, Ballyshannon, deny claims and say that the money is a donation with the effect that they have failed to repay. They also deny that they have used excessive influence over Ms Kerrigan.

In evidence on Tuesday, Ms Keenaghan, a mother of three, said she knew the sisters of childhood as the three had grown up in Ballyshannon.

Under a cross examination by Patrick Kean SC, she was asked for the evidence of a psychiatrist that Della had suffered brain injury as a result of the 2002 crash and had also suffered "survival guilt". She was not aware of that, she said.

She asked her to have any "sense of shame" about how Della was treated, she said she never asked for money and the sisters "wanted to give this gift".

Ms Keenaghan said she was a "very honest person," the type of person that would "" go out of her way to give my final role ".

There was never a gift tax issue "never crossed my mind" when the € 280,000 was received because her husband was engaged with the Revenue at the time, he added.

The hearing continues.

Online Editors

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