The High Court has heard of a deleted text message sent by the sister of Richard Thomson-Moore in which she was critical of American tycoon Maurice Regan before Mr Regan offered the family €5m more than John Magnier's bid for their 751ac Barne Estate in Co Tipperary.
Alexandra McCullough was giving evidence to the court on Thursday in the legal row over the collapse of a €15m agreement for the farming estate taken by bloodstock billionaire John Magnier against Ms McCullough's brother. Mr Magnier was in court.
In the text, she described the fight for Barne Estate between Mr Regan and Mr Magnier as "full-on war".
Deleted text
In the deleted 10 September 2023 text to local auctioneer John Stokes, Ms McCullough described letters allegedly sent to Mr Stokes by Mr Regan as "swiping" and "sniffing" in the manner of his approach in making offers on Barne. She further said he had "thrown a tantrum" over the sale.
The court was told the text was only discovered because the estate agent took a screen grab of it.
Competing bidder Mr Regan, the court heard, had complained in legal letters to Mr Stokes about the way the auctioneer handled the proposed sale. Mr Magnier, the court has heard, believed he had a deal for the land after a purported handshake agreement with Mr Thomson-Moore at his Coolmore home the month beforehand.
In messages confirmed by the witness, she described Mr Magnier as "savvy" and "decent".
Ms McCullough described the situation of the competing bidders - Mr Magnier and Mr Regan - to Mr Stokes: "We are now at full war and we are the peasants caught up in it."
We are now at full war and we are the peasants caught up in it
Mr Magnier is suing Mr Thomson-Moore and Barne over the collapse of the purchase. The estate has been owned by the Thomson-Moore family for generations and is held in a trust.
Disparaging comments
Caren Geoghegan SC, for the Magnier side, put it to Ms McCullough that she deleted the message because she was afraid the disparaging comments about Mr Regan would come to light should the trustees of Barne entertain the higher offer submitted by Mr Regan as the family later requested.
Ms Geoghegan also put it to Ms McCullough that she deleted the message after a €50,000 cash gift from Mr Magnier, gifted to Anna and Richard Thomson-Moore in brown envelopes, was returned to Coolmore on 11 September 2023.
Ms McCullough said she initially reacted to the offer of €50,000 in a text to Mr Stokes saying "sounds good". She told the court she "just thought it a goodwill blessing gesture that happens in Irish business" which was "above board".
Just thought it a goodwill blessing gesture that happens in Irish business
As time went by and when the money was returned, Ms McCullough said she was, by then, "uncomfortable" with the cash offer.
Ms Geoghegan said the deleted message was because Ms McCullough did not want it to come to light as it was "critical" of the eventual preferred buyer Mr Regan and whereas it said Mr Magnier had behaved "decently".
Ms McCullough said it was a "hot message" she was "uncomfortable with".
She said she was getting rid of a message in which she had been "lippy about someone I didn't know" and that it was "not as intentional as you [Ms Geoghegan] are inferring". She confirmed it was the only message she deleted during the August to October 2023 period.
"I felt I was very rude about Mr Regan," said Ms McCullough, who referenced people in her own job with "so much money", "stirring" things and "making up lies" with whom she chooses not to engage.
Collapsed purchase
Mr Magnier is suing Mr Thomson-Moore and Barne over the collapse of the purchase. The estate has been owned by the Thomson-Moore family for generations and is held in a trust.
Mr Magnier wants the court to enforce the deal he claims he sealed with Mr Thomson-Moore with a €15m hand-shake agreement for the 751-acre estate on 22 August 2023 at Mr Magnier's Coolmore home.
The Magnier side has sued the Barne Estate, Mr Thomson-Moore and three trustee companies of IQEQ (Jersey) Ltd group, seeking to enforce the purported deal, which they say had been "unequivocally" agreed.
The Barne defendants say there was never any such agreement, as they needed the consent of the trustees to finalise any deal.
Mr Thomson-Moore has told the court that while a "price" was agreed with Mr Magnier for Barne, a "deal" was not.
After agreeing on €15m, Barne and the Magniers entered into an exclusivity agreement stipulating that Barne would not permit itself or its representatives to solicit or encourage any expression of interest, enquiry or offer on the property from anyone other than Mr Magnier between 31 August and 30 September 2023.
The trustees who hold the estate initially decided to remain loyal to the Magnier offer and felt Mr Regan's higher offer could be seen as "provocative". After the exclusivity period had ended, the trustees decided to go with Mr Regan's offer.
Mr Regan finally offered €22.25m and was made the preferred bidder.
Mr Regan is not a party to the case.
The case continues before Mr Justice Max Barrett.
SHARING OPTIONS