By Gordon Deegan

The operator of Shannon-based Halal meat plant, Asba Meats has appeared in court over unpaid debts of more than €575,000 owed to 12 farmers around the country.

In the 24 summons against the director of Asba Meats Ltd, Tarequr Rahman Khan and Asba Meats Ltd they show that one farmer, Denis Heffernan of Loughcurra, Kinvara, Co Galway was owed €243,238 by Asba Meats and Khan.

The €243,238 concerns alleged non-payments between April and November 2023.

Asba Meats

The Agri-Food Regulator is taking the unfair trading practices (UTP) regulations case against Asba Meats Ltd and Khan.

Solicitor, Jonathan Moore of Fieldfisher Ireland LLP for the Agri-Food Regulator told the court today (Friday, November 7) that the 24 summons against Asba Meats and Khan concern an amount owed of €576,386.

Moore said some monies have been paid over “and the total amount outstanding is currently €304,980 according to our records”.

He said within the 12 summons each to Khan and Asba Meats there are 80 counts of non-payment against Khan and 80 counts of non-payment against Asba Meats Ltd.

Included in the €576,386 debt is €93,800 owed to Fintan Keane, Ballyashee, Kilnamona, Co. Clare; €49,562 owed to Kieran Kelly of Moneen Lower, Kilrush, Co. Clare, €39,186 owed to John Stack of The Hill, Listowel, Co. Kerry and €25,447 owed to Kieran Dolan, Killeter, Castlederg, Co. Tyrone.

Others owed over €10,000 at the time of the summons being issued by the Agri-Food Regulator are Thomas Buckley of Culligan, Dungarvan, Co. Waterford who was owed €23,689 and Michael Nihill of Longstone, Cullen Co. Tipperary who was owed €19,997.

Court

Moore said that the issue of court jurisdiction needs to be addressed “due to the large amount of money involved in each case".

He said that the legal enforcement costs in the case will be around €32,000. He added that the costs “pale in comparison to the amount owed”.

"The regulator’s role isn’t debt collection. Our role here is the enforcement against offences that take place after a considerable period of time where monies have not been paid," Moore said.

Judge Alec Gabbett said: “And that is an unfair trading practice.”

Moore said that "the regulator has engaged with Asba Meats and Mr Khan and has been given plenty of warnings".

Debts

Solicitor for Asba Meats and Khan, Colum Doherty said that “a substantial sum has already been paid over” from the €576,386 total which appears on the summons.

Moore said that he handed over a huge amount of documentation before court to Doherty comprising three different folders as part of disclosure.

Moore said that he has agreed with Doherty that the case could be adjourned to February 20 on condition that Doherty would indicate his client’s attitude to the case four weeks before the February court date.

Doherty said that he has briefly discussed the situation with Khan. "I have indicated to Mr Moore that we will be dealing with mitigation on the next court date," he said.

Adjourned

Judge Gabbett said that he would decide on the issue of transferring the case or not to the circuit court date on the next day in court.

Moore said that on conviction, the penalties rise from a fine and up to a six month prison term in the district court to a higher fine and a three year prison sentence in the circuit court.

Judge Gabbett said that what will influence his decision on jurisdiction is how the case is dealt with by Khan prior to the next court date

Doherty said that jurisdiction becomes less of an issue if the money is paid over.

He confirmed that he remains confident that issues concerning a receiver being appointed to the company will be resolved and Khan remains in control of the business.

Moore agreed that Tarequr Rahman Khan remains in control of the company.

Judge Gabbett said that the proposed costs are very significant in the case and “it won’t be just a simple blasé bill” that he will agree to.

Judge Gabbett adjourned the case to February 20.