Jailed former solicitor Thomas Byrne lied about his identity five years ago so he could lease a restaurant in Dublin's Temple Bar, the Circuit Civil Court has been told.
The landlord of the Foam Cafe on Great Strand Street was granted judgment for rent arrears of more than €55,000, as well as an order for possession of the premises against Byrne and two others, Thomas Butler and Barbara Egan.
The court was told landlord Ciaran McGrath had sub-leased the restaurant in 2009 to a Thomas Davis. This turned out to be an alias used by Byrne.
Lawyer Angus Buttanshaw said Mr McGrath believed Byrne had wished to conceal his true identity because he feared the landlord would not have agreed to an assignment of the restaurant lease to him if he was aware of who he really was.
He said there was now no issue between Mr McGrath and Byrne over the identity subterfuge.
The court heard Byrne had been a practising solicitor who was convicted last year of serious criminal offences, involving theft and forgery for which he had been jailed for 16 years.
Mr McGrath said the last four years of the sentences were suspended by the court.
He said he had no doubt that the Thomas Davis with whom he had dealt in 2009 was Byrne, who was now in Mountjoy Prison, where he had been served with the civil bill for re-possession.
Mr Buttanshaw said there was no controversy about this. While the café seemed to thrive, Byrne had made irregular payments and significant arrears had built up.
He told the court that while the defendant was now in prison and not trading from the premises, a café business was still being carried on there.
The landlord said he believed the parties running the café were Mr Butler and Ms Egan, both of an apartment in Mountjoy Square, Dublin, and may be operating through a company, Foam Café Limited, of which they were directors.
They and their company had been served with the legal proceedings.
The judge directed that possession of the restaurant be given back to the landlord within seven days of the service of her order and awarded legal costs against Byrne.
