The Third World development organisation and charity Bóthar, of whom the late great Mr Thomas Joseph (T.J.) Maher, Castlemoyle, Boherlahan, Cashel, Co Tipperary was a founder member, has claimed before the High Court that its former CEO Mr David Moloney has misappropriated hundreds of thousands of euro, donated to the organisation, for his own and his associate’s personal use.
On Thursday last Bóthar, whose activities include aiding poor farmers in developing nations through donations of livestock, succeeded in secured a temporary High Court injunction, thus freezing the assets of Mr David Moloney, latter who in February last resigned his post as the charities CEO.
In the High Court Ms Justice Nuala Bulter ordered that Mr Moloney must not reduce his assets below a value of €465,000.
It should be noted that Mr David Moloney who has worked with Bóthar since 1995 and was CEO of the organisation for eight years, and who currently resides at Newport, West Co. Tipperary; strongly denies any allegations of wrongdoing.
However, Bóthar claim that an ongoing investigation into his conduct has revealed that he is guilty of a shocking breach of trust and an appalling dereliction of his duty; not just to Bóthar as an organisation but also to the beneficiaries of the charity.
Mr Frank Beatty SC, appearing with Mr Frank Crean Bl, acting on behalf of Bóthar, stated in court that Bóthar investigations show that at the very least, some €465,000 of monies donated to the charity had been misappropriated by Mr Maloney.
Counsel further stated that arising out of current investigation it is alleged that between 2013 and 2019, the accused Mr Moloney withdrew €192,000 of money, donated to Bóthar, claiming it was paid to a Mission run by the Congregation of Mary Immaculate Sisters in Tanzania, East Africa.
Bóthar claim to have consulted with the administrator in charge at the African mission, who informed them that the religious order was never in receipt of any money from Mr Moloney or indeed the charity Bóthar, itself.
Counsel for Bóthar further stated that Mr Moloney arranged that Bóthar make three payments, totalling €127,000, to a company called Agricultural Innovation Consultants Limited, for services it provided in relation to purported projects in Rwanda. These payments appear to not be recorded in the accounts of A.I.C. Ltd, which was incorporated in 2018, and has since been dissolved. Bóthar now believe the projects in Rwanda were falsified, and it does not know what became of the funding.
Ms Justice Nuala Bulter granted Bóthar the temporary freezing order on an ex-parte basis, where only one side was represented in court. She also gave Bóthar permission to seek orders requiring the defendant in this case to provide a list of the full value or interest he holds in any assets.
The judge also gave Bóthar permission to seek an order requiring Mr Moloney to provide details of all funds donated to the charity, that it is now alleged he used for his own benefit or the benefit of other parties.
Following the decision by Bóthar to commence High Court proceedings, the charity has decided to cease all of its fundraising activities with immediate effect.
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