Judge cancels asset transfers to abuser Michael Byrne's wife; victim 'has not got a single euro'
Two asset transfers by a convicted sex offender to his now estranged wife have been set aside by the High Court on the grounds they were attempts to prevent his victim from satisfying a €200,000 damages award against his abuser, writes .
Mr Justice Paul Gilligan ruled two transfers between retired teacher and former brass band leader Michael Byrne and his wife Maureen Byrne were "fraudulent" and were "deliberate and expressly done" to "defy, deny and hinder" Mr Cormac Walsh from recovering damages against Mr Byrne.
The transfers involved Mr Byrne's signing over his interest in the former family home and lands at Rosewell, Templerainey, Arklow, Co Wicklow to Mrs Byrne.
In 2015, the High Court awarded Mr Walsh €200,000 in aggravated damages, plus his legal costs, against Michael Byrne for injuries he suffered from being abused by Mr Byrne.
Michael Byrne, who is aged in his 80s and living in Spain, was convicted in 2014 and jailed for 8 years, with four years suspended after he admitted four sample counts of indecent assault on Mr Walsh when he was aged between 11 and 15 years on dates between 1975 and 1978.
At the High Court today Turlough O'Donnell SC, instructed by solicitor Deidre Burke, for Mr Walsh said his client has not got anything from Michael Byrne since the judgment was made.
Counsel said the first of the transfers took place in May 2012, some two years after Mr Byrne had become aware of the civil action against him.
The second occurred in October 2015 after the High Court award.
The property had been in the joint name of Mr and Mrs Byrne, but following the transfers were all in her sole name.
Counsel said it was Mr Walsh's case the transfers were fraudulent and attempts to ensure his client could not satisfy his judgment against his abuser.
Neither of the Byrnes were present nor represented in court during the hearing.
In a sworn statement Michael Byrne had opposed the application, and argued the setting aside of the transfers would be "unfair."
He said claims the transfers were fraudulent were "untrue", and they had been made "in good faith."
He said the 2012 transfer was considered "good housekeeping" when he was sorting out his affairs and executing their wills.
His wife he said had invested in the property after they were married and she had paid money to clear his debts. She had also paid the legal costs of his actions.
He said following his conviction in 2014 the couple had split and had little contact with each other since then.
However, the second transfer, which involved the driveway to their home, occurred after his wife contacted him.
He said she had been advised that there may be insurance issues about the driveway, so he said he agreed with her that it made sense to transfer it to her.
After considering the evidence Mr Justice Gilligan said he was satisfied to set aside both transfers.
The transfers were done with the aim of frustrating Mr Walsh satisfying the judgment, the Judge said noting that Mr Walsh had "not got a single euro from Mr Byrne."
The court was satisfied Mr Byrne was aware a civil action was pending against him and he could be facing a damages award when the first transfer was made in 2012, the Judge said.
The situation was "abundantly clear" when the second transfer was made months after the High Court made the award the Judge added.
The Judge said he was further satisfied both defendants were aware of, and had been served notice of the proceedings against them.
