The operator of a Shannon-based Halal meat processing facility, Asba Meats, has been brought before the court over claims of unpaid debts exceeding €575,000 allegedly owed to 12 farmers across Ireland.
In 24 separate summonses against Asba Meats Ltd and its director, Tarequr Rahman Khan, it is outlined that one farmer, Denis Heffernan of Loughcurra, Kinvara, Co Galway, is owed €243,238 by the company and Mr Khan, reports RTE.
The €243,238 relates to alleged missed payments between April and November 2023.
The Agri-Food Regulator has initiated proceedings under unfair trading practices (UTP) regulations against Asba Meats Ltd and Mr Khan, while solicitor Jonathan Moore of Fieldfisher Ireland LLP, representing the regulator, told the court on Friday that the 24 summonses involve a total outstanding amount of €576,386, reports RTE.
Mr Moore stated that some payments have since been made, “and the total amount outstanding is currently €304,980 according to our records”.
He explained that within the 12 summonses each against Mr Khan and Asba Meats, there are 80 counts of non-payment for Mr Khan and another 80 counts for Asba Meats Ltd, reports RTE.
Among the total €576,386 debt are:
- €93,800 owed to Fintan Keane, Ballyashee, Kilnamona, Co Clare;
- €49,562 owed to Kieran Kelly, Moneen Lower, Kilrush, Co Clare;
- €39,186 owed to John Stack, The Hill, Listowel, Co Kerry;
- €25,447 owed to Kieran Dolan, Killeter, Castlederg, Co Tyrone.
Others owed more than €10,000 when the summonses were issued by the Agri-Food Regulator include Thomas Buckley of Culligan, Dungarvan, Co Waterford, owed €23,689, and Michael Nihill of Longstone, Cullen, Co Tipperary, owed €19,997, reports RTE.
Mr Moore said that the question of court jurisdiction must be resolved “due to the large amount of money involved in each case” and noted that legal enforcement expenses are expected to total around €32,000.
He remarked that these costs “pale in comparison to the amount owed”, reports RTE.
Mr Moore said: “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”, reports RTE.
Judge Alec Gabbett said: “And that is an unfair trading practice”, reports RTE.
Mr Moore added that “the regulator has engaged with Asba Meats and Mr Khan and has been given plenty of warnings”, reports RTE.
Solicitor for Asba Meats and Mr Khan, Colum Doherty, said that “a substantial sum has already been paid over” from the €576,386 total mentioned in the summons, reports RTE.
Mr Moore noted that he had handed a large amount of documentation to Mr Doherty before the hearing, comprising three folders as part of the disclosure process, reports RTE.
He also said that both sides had agreed to adjourn the case until February 20th, on the condition that Mr Doherty would outline his client’s stance four weeks prior to that date.
Mr Doherty said he had briefly discussed the matter with Mr Khan and “I have indicated to Mr Moore that we will be dealing with mitigation on the next court date”, reports RTE.
Judge Gabbett said he would determine whether to transfer the case to the Circuit Court at the next hearing, reports RTE.
Mr Moore explained that upon conviction, penalties increase from a fine and up to a six-month jail term in the District Court to a higher fine and a possible three-year sentence in the Circuit Court, reports RTE.
Judge Gabbett noted that his decision on jurisdiction would depend on how Mr Khan handles the case before the next hearing, reports RTE.
Mr Doherty stated that the issue of jurisdiction becomes less relevant if the outstanding money is paid, reports RTE.
He also confirmed confidence that the situation regarding the appointment of a receiver to the company would be resolved and that Mr Khan continues to manage the business, reports RTE.
Mr Moore agreed that Mr Khan remains in charge of the firm.
Judge Gabbett said the proposed legal costs are significant and “it won’t be just a simple blasé bill” that he will approve, reports RTE.
The judge adjourned the matter until February 20th, reports RTE.
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