Lawyers for former University of Limerick (UL) president Professor Kerstin Mey have argued that an allegation that she misled the Dáil Public Accounts Committee (PAC) cannot be revisited as she has already been vindicated by one investigation and the parties have reached an agreement.
Professor Mey has applied for a High Court injunction to prevent a new investigation relating to a €12.5 million property purchase by the university during her presidency.
Prof Mey, a UL professor of visual culture, resigned as president in 2024 as part of a settlement agreement, after she was threatened with disciplinary action over due diligence and adherence to policies during the purchase in 2022 of a 20-house development at Rhebogue, Co Limerick.
The property was to be rented to 80 post-graduate and research students.
The university paid some €12.5m for the development, which was valued for the Comptroller and Auditor General a year later at €6.5m, with an "in-use" value put at €7.4m.
Prof Mey, in an affidavit seeking the High Court injunction, said the purchase led to public controversy and a delegation from the university was invited to appear before the PAC on 18 May, 2023.
She told the PAC an issue arose around why UL's chief corporate officer (CCO), Andrew Flaherty, was not in attendance before the PAC, even though he stayed the night before in the same hotel as the delegation, had dinner with them, paid for by the university, and he also allegedly claimed travelling expenses to Dublin.
It later emerged that he was also allegedly texting the delegation during the PAC meeting, and two conflicting accounts for his non-attendance were submitted, leading to the launch of a re-investigation of the matter.
In August 2023, Caroline Jenkinson was appointed by a Special Disclosures Group at the university following a protected disclosure to the Minister for Further and Higher Education.
Ms Jenkinson was to investigate the circumstances surrounding the appointment of Mr Flaherty as CCO and the reply given to the PAC about why he had not been in attendance at the 18 May 2023 meeting.
At the High Court today, Marcus Dowling SC, appearing with Christopher McMahon BL, for Prof Mey, told Ms Justice Marguerite Bolger that the matter could not be re-investigated as a settlement was already signed and agreed upon between Prof Mey and UL.
He said there was no legal obligation to revisit matters after a "warrant" of non-disciplinary action had been agreed between the parties.
Mediation followed between Prof Mey and the university, which resulted in a settlement whereby she would resign from 31 August, 2024, with a particular clause stating no disciplinary action would be brought against her. She was to move to a new €175,000 a year post as professor of 'visual culture'.
She has taken legal proceedings seeking to prevent the university from bringing new disciplinary proceedings in connection with the allegation that she possibly misled the PAC.
Prof Mey was part of the UL governing body that signed off on the purchase, but she allegedly approved an additional spend on the homes beyond what the board had approved.
The deal was criticised by the Comptroller and Auditor General as a €5.2m overspend.
Mr Dowling submits that UL could not subject his client to a process unless it had an entitlement to do so and said his client was "effectively demoted and then stepped down", while suffering a pay-cut as part of a "full and final" 2024 settlement with UL.
He said the settlement agreement was based on UL having "all information to hand, all of it" before Prof Mey was "vindicated in the strongest terms" of any wrongdoing by the first investigation.
Mr Dowling said that once an allegation is settled, any investigating party does not have an obligation to run the matter to a conclusion. "You can just settle with someone," he said.
He said that the whole purpose of the settlement was to warrant no further action and that UL was operating as if it had an "alter ego" to the settlement.
The hearing continues tomorrow before Ms Justice Bolger, when Brian Kennedy SC, for UL, will address the court.
