THIRTY SEVEN
Dolores Maxwell.com
 

The following is Saoise Maxwell's further affidavit to the Solicitors Disciplinary Tribunal. This was in response to the affidavits filed by solictiors Damian Brass and Langdon Jaggers after Saoirse lodged her complaint with the Tribunal.

For now we will follow the standard practice of this site, and use pseudonyms for various people, as noted in What About These Names.

Saoirse was constrained by the rules of the Tribunal to only addressing issues raised by Jaggers' and Brass' response to her original Grounding Affidavit. There was plenty to respond to.


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  • Paragraphs 8 through 44 refute (or rather destroy) Damian Brass' charge against Saoirse that she failed to “engage in the administration process.”

  • Paragraphs 45 through 59 are in response to Damian Brass' assertion that Saoirse is “motivated … by her desire to seek accountability for the actions of her brother Ethan Maxwell, one of the Executors of her mother's will.”

  • Paragraphs 60 through 74 deal with Dolores' safety deposit box that Saoirse discovered, and Damian Brass' unusual behaviour surrounding it.

  • Paragraphs 75 and 76 clarify some of Damian Brass' actions while solicitor for Cecil and Dolores Maxwell.

  • Paragraphs 77 through 79 address Damian Brass' assertion to the Tribunal that Saoirse is not his client, and Brass' lie to the Tribunal that he advised Saoirse to seek legal advice “many times.”

  • Paragraphs 80 through 90 concern the sale of Dolores and Cecil's family home, and the purchase of a house for Ethan Maxwell. Also illuminated is the inherent conflict of interest by Damian Brass during these transactions – and his knowledge of the coercion and undue influence underlying the purchase of the Bray property for Ethan Maxwell.

  • Paragraphs 91 through 94 respond to Damian Brass' statement to the Tribunal that “I continue to act for Ethan Maxwell as I do for another sibling of the Applicant. No conflict of interest has ever arisen.”

  • Damian Brass perjured himself to the Tribunal when he made this sworn statement: “Applicant claims that I misled her by stating on several occasions that I would provide her, through Executor's power, authority to seek her mother's financial and phone records. This is incorrect.” In paragraphs 95 through 108 Saoirse exposes this blantant lie with example after example.

  • Paragraphs 109 and 110 are responding to Damian Brass' assertion that: “A number of other beneficiaries in the deceased's estate (being siblings of the Applicant) have made it clear that they do not want any investigation into such records.” And: “…the value of the deceased's estate is not significant.” [Editor's note: Since Saoirse swore this affidavit, it has come to light that at least two other beneficiaries have requested Brass to get Dolores’ financial statements. ]

  • In Paragraph 111 Saoirse states her view regarding Brass' refusal to seek Dolores' financial records.

  • The Inland Revenue Affidavit (Form CA24), which was registered by the three executors – Ethan Maxwell, Damian Brass and Langdon Jaggers is the subject of the next paragraphs. Saoirse exposes the problems and deficiencies in this sworn document in Paragraphs 112 through 131

  • Damian Brass' extraordinary statement to the Tribunal that “No conflict of interest has ever arisen” is laid to waste in Paragraphs 132 through 142

  • More lies by Damian Brass concerning a threatening letter sent to one of her brothers after he and his family attempted to see Dolores are exposed in Paragraphs 143 through 150. The letter he provided to the Tribunal to refute Saoirse's allegation is also shown to have serious and troubling issues. We note that this letter has nothing whatsoever to do with addressing Saoirse's complaint.

  • Paragraphs 151 through 154 once again refute Damian Brass' assertion that Saoirse is not his client, and give more examples of Damian Brass' refusal to respond to correspondence.

  • Paragraphs 155 through 169 address Dolores' Enduring Power of Attorney, and instructions purportedly from Dolores that Damian Brass acted upon and in other cases did not act upon. These paragraphs make the compelling case that the instructions were in fact authored by Ethan Maxwell, and that Damian Brass had awareness of this by his own admission. Saoirse's response also exposes serious flaws in the underlying medical certificate, and makes note of Damian Brass' false statement that Dolores' EPA had no restrictions.

  • Paragraphs 170 and 171 briefly touch on Dolores' will of 28 May 2009 and the instructions the next day that named Ethan Maxwell as executor of her estate.

  • Dolores' mental capacity is addressed in Paragraphs 172 through 179, showing that only Damian Brass, his client Ethan Maxwell, and in purported correspondence from “Dolores Maxwell” was capacity ever made an issue.

  • In Damian Brass' response to the allegations in Saoirse's Grounding Affidavit, he exhibit a letter written by Elder Abuse Senior Case Worker Geoffrey Blair to Dolores' son, Conor. In this letter Blair states that Dolores never made a complaint to Elder Abuse. It is thought that Damian Brass was attempting to use this letter to somehow mitigate his conduct. This is responded to in Paragraphs 180 through 191

  • Paragraphs 192 through 194 respond briefly to Brass' statement to the Tribunal concerning a meeting at Wexford General Hospital while Dolores was there.

  • Dolores' post mortem and Damian Brass' assertion to the Tribunal that Saoirse's allegations are “misguided” are the subjects of Paragraphs 195 through 198

  • Paragraph 199 comments on Damian Brass' statement that: “…it was my considered view that I had to act upon her [Dolores'] instructions…”

  • Paragraphs 200 through 202 responds to Brass' defence of his inaction concerning the troubling issues surrounding the witnessing of Dolores' current will.

  • Damian Brass asserted to the Tribunal that he did not mislead Saoirse Maxwell. This bald perjury is annihilated in Paragraphs 203 through 214

  • Paragraph 215 again responds to Brass' repeated claim that as beneficiary, Saoirse is not his client.

  • Damian Brass' observation of the lack of support shown by Saoirse's siblings is responded to in Paragraphs 216 through 229

  • Damian Brass' false proposal to the Tribunal that the executors appoint “outside” solicitors, and his lie to Saoirse that this had been done is addressed in Paragraphs 230 and 231.
    [Editor's note: It has been well over a year since Brass made these statements – no “outside solicitors” have been appointed. Brass and Jaggers continue to act as solicitor/executors of Dolores' estate]

  • Langdon Jaggers' Responding Affidavit is addressed in Paragraphs 232 through 242

  • Saoirse concludes her affidavit to the Tribunal in Paragraphs 243 through 246



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Solicitors Disciplinary Tribunal

Record Number: 4649-3775/DT109/11

In the matter of Damian Brass and Langdon Jaggers solicitors of Jaggers and Brass Solicitors

And in the matter of an application by Saoirse Maxwell to the Solicitors Disciplinary Tribunal

And in the matter of the Solicitors Acts 1954 to 2008




I, Saoirse Maxwell of [Address Redacted], County Galway, journalist, aged 18 years and upwards, make oath and say as follows:

  1. I am the applicant in this matter and I make this affidavit from facts within my own knowledge, save where otherwise appears, and whereso appearing I believe the same to be true. Back

  2. I say that I make this affidavit in response to the affidavits of the respondent solicitors, sworn on the 8th December 2011. Back

  3. I am the daughter of Dolores and Cecil Maxwell, hereafter referred to as Mom and Dad. I am a residual beneficiary of Mom's estate. Back

  4. I ask the Tribunal and the Law Society to use their authority to bring transparency and clarity to the issues raised by my complaint. I note that the Respondent Solicitors have offered very few documents and but one Attendance record in their response. What has been offered by the Respondents has raised more concerns and evidence regarding their misconduct, as shown in my Affidavit here. Back

  5. I state my complete willingness to cooperate with the Tribunal and Law Society and will offer any information or help I am requested to provide. Back

  6. In this Affidavit I exhibit transcripts of recordings of meetings and conversations I had with Damian Brass. I exhibit my statement concerning these in Exhibit D, page 214. I have also provided a DVD disc with the audio recordings of these meetings and conversations as Exhibit M. Back

  7. In this Affidavit I include a statement by Nathaniel Maxwell who is also a residual beneficiary in Mom's estate, exhibited as Exhibit L. This statement is in regard to the Respondent's Affidavit of 08 December 2011. Back

     
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  8. In paragraph 6 of Damian Brass' Affidavit of 08 December 2011 he states that I have failed “to engage in the administration process.” The Respondent offers no evidence. There is ample evidence to the contrary showing my consistency in engaging in the administrative process and actively aiding the Respondent in the administration of my Mother's estate after her death. This consistency is also evident in the aid I provided the Respondent regarding the registration of my Mother's Enduring Power of Attorney. (My Mother died before this EPA could be put into place.) To address Damian Brass’ statement, I submit the following paragraphs 9 to 25. Back

  9. I exhibit an email to Mom's consultant Dr Elliot Clements from me dated 19 October 2010, requesting a letter to be sent to the Damian Brass in order to facilitate his registration of Mom's EPA. See Exhibit C, page 114. Back

  10. I exhibit an email to Damian Brass from Dr Elliot Clements dated 21 October 2010 on foot of my email above. See Exhibit C, page 118. Back

  11. I exhibit an email to Mom's consultant Dr Elliot Clements from me dated 23 October 2010, requesting a letter to be sent by post to Damian Brass reiterating Dr Clements' email. See Exhibit C, page 119. Back

  12. I exhibit an email to Damian Brass from me dated 18 November 2010, detailing efforts by Nathaniel Maxwell and me to gather information to aid Damian Brass helping our Mother. See Exhibit C, pages 122 to 123. Back

  13. I exhibit an email to Damian Brass from my husband dated 22 November 2010 using my email account in response to Damian Brass’ request to me to aid him in locating Ronan Maxwell. See Exhibit C, page 124 to 125. Ronan and Ethan Maxwell were the Notifying Parties named on Mom's EPA. (Ronan Maxwell removed himself from Ireland and went to Bosnia for a period of about one month while Mom was in the hospital. Both Ronan and Ethan Maxwell were banned from Wexford General Hospital by the HSE because of safety concerns regarding Mom after their repeated physical abuse of her while she was in hospital. Ronan Maxwell had been represented by Langdon Jaggers in the past, and I believe is now represented by either Langdon Jaggers or Damian Brass.) Back

  14. I exhibit a text message to Damian Brass from me sent 25 November 2010, notifying him that Ronan Maxwell had returned to Ireland; I had seen Ronan Maxwell outside his house. See Exhibit C, page 126. Back

  15. I exhibit a letter from Damian Brass to me dated 25 November 2010 in which he states “I enclose the letter I sent to your brother Ronan on 28th October (which was returned undelivered). It really would be appreciated if you could give this to him. If that is not an option, you could put it in his letterbox at [Address Redacted].” See Exhibit C, page 127. Back

  16. I exhibit an email to Damian Brass from me dated 27 November 2010, informing him that I had delivered his letter to the letterbox of one of the Notifying Parties, Ronan Maxwell. See Exhibit C, page 132. My mother died the following day. Back

  17. I exhibit an email to Damian Brass from me dated 07 December, 2010, providing him with all the information I had at the time concerning Mom's accounts, etc. in order to aid him in the administration of Mom's estate. See Exhibit C, page 135 to 136. Back

  18. I exhibit a transcription of a phone call with Damian Brass which took place 24 February, 2011, in which he recounts the problems he has had contacting Nathaniel Maxwell concerning access to Mom's house. I assure him I will get him a key. See Exhibit F, page 315, lines 8 to 123. Back

  19. I exhibit a letter to me from Damian Brass dated 21 February 2011, in which he requests my PPS number in preparation of seeking the Grant of Probate. See Exhibit C, page 139. I exhibit an email to Damian Brass from me dated 01 March, 2011, outlining my concerns regarding providing my PPS number and informing him of the conversations I had with Revenue and the Probate Office, providing him with an alternative. See Exhibit C, page 140. I exhibit an email to me from Damian Brass dated 03 March 2011, stating that he completely understands my reluctance to provide my PPS number. See Exhibit C, page 141. I was not the only residual beneficiary to express my concerns and not provide a PPS number. Back

  20. In this same email, Damian Brass also requested a key to Mom's house. I exhibit an email to Damian Brass from me dated 03 March, 2011, in which I offer alternative ways to provide my PPS number, and inform him I will provide the key to Mom's house on 07 March, 2011. See Exhibit C, page 143. Although I live in Connemara and was not the only beneficiary with a key, I travelled to Jaggers and Brass' office in Dublin on 07 March 2011 to provide Damian Brass with my key, in order to aid him in the administration of Mom's estate. At the same time I provided information I had discovered regarding a safe deposit box Mom had that Damian Brass had been unable to locate. I also provided Mom's rings to Jaggers and Brass for safekeeping. I spoke to Damian Brass by phone while I was at Jaggers and Brass confirming this. In regards to this I exhibit the transcript, Exhibit G, page 321, lines 40 to 115. Back

  21. I exhibit an email from Damian Brass to me dated 14 March 2011, in which Damian Brass expresses his “thanks for all your assistance.” He also states regarding the information I provided him regarding Mom's safekeeping “But for that, I would never have known that there were items in safekeeping.” See Exhibit C, page 144. Back

  22. I exhibit a transcript of a phone call with Damian Brass which took place 15 March, 2011, in which I seek to aid him regarding my brothers and sisters, and in which he acknowledges my help with the PPS numbers issue. See Exhibit H, page 329, lines 40 to 115. Back

  23. I exhibit an email to Damian Brass from me dated 29 March, 2011 responding to his request for information on the identity of Mom's parents. I note Damian Brass had been unable to obtain this from co-Executor Ethan Maxwell. See Exhibit C, page 146. Back

  24. I exhibit a transcript of a phone call with Damian Brass which took place 24 June, 2011, in which I once again offer my help to him. See Exhibit I, page 349, lines 137 to 169. Back

     
  25. I exhibit a letter to Damian Brass from me dated 05 December 2011 in which I provide information about another financial account of Mom's that I believe is unknown to him. He hasn't confirmed to me whether he is aware of this or is seeking it. See Exhibit C, pages 190 to 193. The information is found in the next to last paragraph. Back

  26. Again in relation to paragraph 6 of Damian Brass’ Affidavit and his statement that I have failed “to engage in the administration process,” I acknowledge the difficulty that he had arranging to have Mom's house cleared of its contents, and in expectation that this may be what he is referring to, I submit the following paragraphs 27 to 31 showing that I very clearly told him that I had no interest in the contents of my Mom's house, and that he could do as he and the other residual beneficiaries thought best. Although I was not “engaged” in the process of clearing Mom's house, this did not affect the administration of Mom's estate. Back

  27. I exhibit a letter from Damian Brass to me dated 30 March 2011 in which regarding the contents of the house he states “Consequently, and unless I hear from you to the contrary, the Executors will assume that we have the consent of the beneficiaries.” See Exhibit C, pages 147 to 148. Back

  28. I exhibit a letter from Damian Brass to me dated 28 April, 2011 in which he states that Mom's house cannot be cleared out until the Grant of Probate is issued. See Exhibit C, page 152. Notwithstanding that I had previously expressed my desire to have none of the contents of Mom's house, I exhibit an email sent to Damian Brass from me dated 29 April 2011 in which I reiterate that I have no interest in the contents. See Exhibit C, page 153. Back

  29. I exhibit a letter from Damian Brass to me dated 26 May, 2011 in which he confirms that Mom's house cannot be cleared out until the Grant of Probate is issued. See Exhibit C, page 155. Back

  30. I exhibit a letter from Damian Brass to me dated 16 June 2011, in which he once again seeks advice as to the distribution of the contents of Mom's house. See Exhibit C, page 156. I exhibit an email to Damian Brass from me dated 17 June, 2011, in which I once again state I have no interest in the contents of Mom's house. See Exhibit C, page 157. I exhibit an email from Damian Brass to me dated 21 June 2011, asking me to reply to his 16 June 2011 letter. See Exhibit C, page 158. I exhibit an email from me to Damian Brass copying my previous response to his letter of 16 June 2011. See Exhibit C, pages 159 to 160. Back

  31. I exhibit a letter from Damian Brass to Conor Maxwell dated 20 September 2011 that was cc'd to me in which he states (referring to me) that “In another, I was advised that the beneficiary in question did not require anything from the house, even the items specifically mentioned.” See Exhibit C, pages 184 to 185. Back

  32. Again in relation to paragraph 6 of Damian Brass’ Affidavit and his statement that I have failed “to engage in the administration process,” in expectation that he might be referring to the fact that I have not provided my PPS number to him I refer to my previous paragraphs above, numbered 19 to 21, and submit the following paragraphs numbered 33 to 37. Back

  33. I exhibit a letter from Damian Brass to Conor Maxwell dated 20 September 2011 that was cc'd to me in which he seeks the PPS numbers from those beneficiaries that have not as yet provided them. He also states he cannot make payment to a beneficiary who has not provided a PPS number. See Exhibit C, pages 184 to 185. (I note that this is Damian Brass’ first correspondence to me since 11 July 2011, leaving my correspondence of 17 July 2011 still unanswered.) Back

  34. I exhibit a letter from Damian Brass to me dated 23 September 2011 again seeking my PPS number noting the “difficulties” he is having making payment to me. See Exhibit C, page 186. Back

  35. I exhibit a letter from Damian Brass to me dated 07 October 2011 enclosing payment to me. See Exhibit C, page 187. I did not provide my PPS number to Damian Brass. Back

  36. I exhibit a letter to Damian Brass from me dated 11 October 2011 returning the payment and noting that “I am comfortable waiting for any payment until mom's estate is settled and I can review a complete and transparent accounting...” See Exhibit C, page 188. Back

  37. I exhibit a letter from Damian Brass to me dated 13 October 2011 stating that an account was opened to hold the said payment and future payments as necessary. See Exhibit C, page 189. Back

     
  38. Again in relation to paragraph 6 of Damian Brass’ Affidavit and his statement that I have failed “to engage in the administration process,” in expectation that he might be referring to his request in a letter to me dated 13 December 2011 in which he states “If you are in possession of any further information or documentation in relation to your mother's assets or affairs, I would be grateful if you could forward same to me for onward transmission to the Solicitors who will now be dealing with the administration,” I submit the following paragraphs 39 to 44 addressing this. Back

  39. I exhibit a letter to Damian Brass from me dated 05 December, 2011 in which I provide information about another financial account of Mom's that I believe is unknown to him. He hasn't confirmed to me whether he is aware of this or is seeking it See Exhibit C, pages 190 to 193. The information is found in the next to last paragraph. (I also reference this in my paragraph 25, above.) Back

  40. I exhibit a letter from Damian Brass to me dated 05 December 2011 in response to my above letter, Damian Brass does not mention or inquire about the financial information I provided him in the above letter. See Exhibit C, page 194. Back

  41. I exhibit a letter from me to Damian Brass dated 12 December 2011 in which I state “I hope the fact that you did not mention anything about Mom's account in the name of [Name Redacted] means that you are either already aware of it or diligently searching for it now.” See Exhibit C, pages 195 to 197. This statement is found on the last page near the end. Back

  42. I exhibit a letter from Damian Brass to me dated 13 December 2011 as referenced in my paragraph 38 above, seeking information from me. He does not indicate if he was successful or had attempted to locate the account I brought to his attention on 05 December 2011. He also states he does not intend to respond to any further correspondence from me until the Tribunal process is complete. See Exhibit C, page 198. Back  

  43. I am indeed in possession of more information in regards to my mother and Damian Brass’ client and co-Executor Ethan Maxwell. Mr. Brass has not identified the other solicitors that he stated he would instruct to administer my Mom's estate in his 08 December 2011 Affidavit, paragraph 42. Although Damian Brass asked me in the above letter of 13 December 2011 to forward information to him “for onward transmission to the Solicitors who will now be dealing with the administration” a week later, in a letter to Alex Maxwell dated 20 December 2011 he states “...it is proposed that the Executors should now appoint ‘outside’ Solicitors...” He has not confirmed to me who these “outside” solicitors are; he has made conflicting statements to Alex Maxwell and me concerning whether ‘outside’ solicitors have been instructed. I am therefore unable to form an opinion regarding the independence or existence of these other solicitors. Back

  44. Given the fact that Damian Brass states in his Affidavit in paragraph 10 that he acts for Ethan Maxwell, I fear any information I may provide to Damian Brass regarding my mother and/or his client and co-Executor Ethan Maxwell will be used firstly in protecting his client to the detriment of Mom's estate and the nine residual beneficiaries. Nonetheless, I have written to Damian Brass in a letter dated 09 January 2011 regarding recent evidence of fraud I have discovered involving his client and co-Executor Ethan Maxwell against Mom's estate while Executor. See Exhibit C, pages 204 to 208. I exhibit Damian Brass’ response to this dated 10 January 2011. See Exhibit C, page 210. He does not mention his intentions regarding the serious problems with the administration of Mom's estate. Back

     
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  45. In paragraph 7 of Damian Brass’ Affidavit of 08 December 2011 he states that I am “motivated instead by her desire to seek accountability for the actions of her brother Ethan Maxwell, one of the Executors of her mother's will.” He exhibits a letter from me dated 05 December 2011. I have always been forthright with Damian Brass concerning my motivation. He states it accurately, albeit incompletely. My motivation is more accurately described as seeking justice for my Mom, holding Ethan Maxwell accountable for his crimes against Mom and others, and to protect others from Ethan Maxwell. As seen elsewhere in this Affidavit, Damian Brass misled me to believe he shared these goals and would help me in any way he could regarding them. Although I fail to understand how my motivation may mitigate Damian Brass’ conduct, in expectation that Damian Brass may be seeking to do so, I respond in the following paragraphs numbered 46 to 59. Back

  46. I exhibit a letter to Damian Brass from me dated 10 January 2010 in which I state “…I continue to ensure my mother's safety and wellbeing come first.” See Exhibit C, pages 80 to 81. My statement occurs towards the end of this letter. This is the first correspondence I had with Damian Brass. Back

  47. I exhibit a letter to me from Damian Brass dated 13 January 2010 in which he states “As you say, you mother's safety and wellbeing is our first priority.” See Exhibit C, page 83. Back

  48. I exhibit a letter to Damian Brass from me dated 14 October 2010 while Mom was in the hospital in which I state “I plan to continue ensuring my mother's safety and interests as long as she is alive…” I also state “I will also pursue this upon her death so that no other family has to endure what I've encountered…” See Exhibit C, page 113a. Back

  49. I exhibit a transcript of a meeting between Damian Brass, Geoffrey Blair, Nathaniel Maxwell and me which occurred 04 November 2010, found in Exhibit D, pages 215 to 259. In this meeting I state “…our big concern is Mom's safety.” See page 215, lines 23 to 25. I further state, referring to Mom, “That is what I was trying to prevent, what's in there today, now. That is what I was trying to prevent.” See page 216, lines 52 to 55. Also “Well then, our big thing now is how we protect Mom while she's in here…” See page 231, line 483. “Well if nothing else all this is in place at this point in time because it will happen again. And this will at least show there is a history of it at this point.” See page 257, lines 1257 to 1258. Back

  50. I exhibit a letter to Damian Brass and HSE Elder Abuse Senior Case Worker Geoffrey Blair from me dated 04 November 2010, following a meeting in Wexford General Hospital that same day, thanking them for efforts to keep Mom safe in the hospital and stating “We feel much more reassured that steps will continue to keeping mom safe and her wellbeing at the forefront.” See Exhibit C, page 121. Back

  51. I exhibit a transcript of a meeting with Damian Brass which occurred 01 February 2011, found in Exhibit E, pages 260 to 314. Damian Brass states “I think the more important thing is you want to make sure justice is done, and that somebody just doesn't get away with something.” I then express my concerns about Ronan Maxwell being Ethan Maxwell's next victim. Damian Brass agrees that Ronan Maxwell is vulnerable. See page 296, lines 1080 to 1121. Also I express my belief once again that Ethan Maxwell will continue to prey on vulnerable people, that I could not live with myself if I did nothing, and once again express my belief that Ronan Maxwell has been targeted by Ethan Maxwell. Damian Brass appears to agree. See page 301, lines 1227 to 1264. Back

  52. I exhibit a letter from Damian Brass to me dated 08 April 2011 in which he notes that allegations of negligence have been made against Jaggers and Brass by Conor Maxwell, and that he may have to instruct other solicitors, to the detriment of the administration of Mom's estate. See Exhibit C, page 149. In response to this I exhibit a letter from me to Damian Brass dated 13 April 2011 in which I state “I desire probate to be filed as soon as possible, so that we can address the real issues concerning mom's death and the events leading up to it.” See Exhibit C, page 150. Back

  53. I exhibit a letter to Damian Brass from me dated 29 April 2011 in which I again raise my concern about the safety of Ronan Maxwell. See Exhibit C, page 153. Back

  54. I exhibit a letter to Damian Brass from me dated 17 June 2011 in which I state “I will continue to fight to (sic) justice for Mom, however long it takes for her voice to be heard.” See Exhibit C, page 157. My statement occurs in the first paragraph. Back

  55. I exhibit a letter to Damian Brass from me dated 07 July 2011 in which I state “Damian, I am seeking clarification regarding a few additional things. As always my sole motivation and focus is on seeking justice for my mom.” See Exhibit C, pages 167 to 171. My statement occurs at the bottom of page 168. Back

  56. I exhibit a letter to Damian Brass from me dated 18 July 2011. See Exhibit C, pages 174 to 180. I state “Damian, I desire the records I requested from Eircom for the simple cause of bringing Ethan to account for the many horrible crimes he has committed against Mom.” See page 175, bullet number 6. I further state “Concerning Mom and Dad's financial records, once again my sole purpose is to bring Ethan Maxwell to account for his crimes against my mother.” See page 177, first paragraph. I further state “Mom was not Ethan's first victim. There were victims in the past that are well documented and there is at least one person he is victimizing now that I know of. There will be others, no doubt, if he is not held to account by the proper authorities. It is his nature.” See page 180, first paragraph. Back

  57. I exhibit the letter from me to Damian Brass dated 05 December 2011 (the same that he exhibits in his Affidavit of 08 December 2011 in his paragraph 4, Exhibit A) in which I state “My goal as always is justice for Mom and accountability for your co-Executor, Ethan Maxwell.” See Exhibit C, page 192. Back

  58. I exhibit a letter from me to Damian Brass dated 09 January 2012 in which I state “As always, my sole motivation is justice for Mom, accountability of Ethan Maxwell for the horrible crimes he committed against Mom and others, and to protect others from Ethan Maxwell as far as I am able.” See Exhibit C, pages 204 to 208. My statement is found near the end of the letter. Back

  59. Given the overwhelming evidence of the crimes committed by Damian Brass’ client and co-Executor Ethan Maxwell against Mom and others to their person, property and purse my motivation is reasonable and understandable. The fact that Damian Brass’ client and co-Executor Ethan Maxwell has sought to defraud Mom's estate as Executor further justifies it. See my paragraphs numbered 113 to 119. Back

     
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  60. In paragraph 7 of Damian Brass’ Affidavit of 08 December 2011 he exhibits a letter from me dated 05 December 2011. I also exhibit here. See Exhibit C pages 190 to 193. He states “The Applicant's letter was sent not alone to me but six of her siblings. It typifies the correspondence I have received from the Applicant throughout the administration. It is an inaccurate portrayal of events and is designed to cause undue concern and distress amongst her co-beneficiaries. As examples, and contrary to the suggestion in her letter, it was not necessary (or even possible) to file Affidavits of Attesting Witness in the Probate Office as no queries were raised when the papers were presented to them. The safe deposit box held by Ulster Bank in Wexford held only a Post Office Savings Certificate (and a receipt for its purchase), a fact that [Name Redacted] of the Bank will happily confirm under oath.” I address these assertions by Damian Brass in my following paragraphs numbered 61 to 74. Back

  61. It is absolutely true I cc'd this emailed letter of 05 December 2011 (once again, it is Exhibit C pages 190 to 193) to fellow residual beneficiaries. Damian Brass’ statement that I designed this letter to “cause undue concern and distress amongst her co-beneficiaries” is untrue. Having learned from some of my siblings that they were unaware of the fact that a safe deposit had been located, that the purported witnesses to Mom's will had made disturbing statements, that they were unaware of charges on our Mom's credit card by Damian Brass’ client and co-Executor Ethan Maxwell, etc., I thought it best to include them in my correspondence so they had awareness of these issues and were able to make their own judgments with a more complete picture of the situation. I have continued to do so. Damian Brass had proposed doing this very thing. I exhibit a letter from Damian Brass to me dated 11 July 2011. In it he states “In the first instance it may be appropriate for the Executors to forward copies of your correspondence to your siblings (with the exception of Ethan) who are the residuary beneficiaries in the estate and who would bear the cost of the enquiries you wish undertaken.” I do not believe this was done. See Exhibit C page 172, number 10. Back

  62. In paragraph 7 of Damian Brass’ Affidavit of 08 December 2011 he states that my letter of 05 December 2011 (once again, it is Exhibit C pages 190 to 193) is “an inaccurate portrayal of events.” As evidence he states “As examples, and contrary to the suggestion in her letter, it was not necessary (or even possible) to file Affidavits of Attesting Witness in the Probate Office as no queries were raised when the papers were presented to them.” Damian Brass provides an inaccurate portrayal of events concerning this. I informed Damian Brass in a letter dated 17 June 2011 that Mr Taxi Driver, one of the witnesses to Mom's will, stated that he had never seen nor signed the will. See Exhibit C pages 157. Back

  63. In response Damian Brass sent a letter to me dated 27 June 2011 in which he states “Turning to your email of 17 June, there is one item that particularly concerns me. You say that Mr Taxi Driver, one of the purported witnesses to the Will, had neither signed it nor seen it. If this statement is true, it raises a number of issues which should clearly be investigated. Unless you direct otherwise, I would propose contacting Mr. Taxi Driver.” See Exhibit C, page 161. (I note that Damian Brass in his response above inaccurately describes my statement to him. I have never claimed that Mr Taxi Driver did not see or sign Mom's will. I do claim that Mr Taxi Driver himself stated that he had never seen nor signed Mom's will. I have no way of judging the veracity of Mr Taxi Driver's statement. I do however absolutely stand by my statement that Mr Taxi Driver himself made his statement as I described.) Back

  64. In response to Damian Brass’ apparent interest in this matter, I responded in a letter to him dated 27 June 2011 in which I further inform him of statements made by both witnesses to Mom's will that they could not remember seeing Mom sign it. (As background, this will was made one week after another will Mom made on 28 May 2009.) In this letter I also asked Damian Brass if the witnesses had provided Affidavits of Attesting Witness, or if it would be prudent to seek them. See Exhibit C, pages 162 to 163. Back

  65. Damian Brass did not respond to my queries so I sent him another letter dated 07 July 2011. See Exhibit C, pages 167 to 171. In it I say regarding this will “You have written to me that it raises a number of issues which should be clearly investigated. I agree. It seems prudent to at least seek an ‘Affidavit of Attesting Witness’ from each of them in order to ensure the integrity of mom's will. I believe this to be in everyone's best interest. If you recall, you have received at least one statement from one of my siblings indicating some possibility of contesting this will.” I also asked him to “Please inform me of what actions you have taken or will take regarding this.” Back

  66. Damian Brass did respond to this in a letter to me dated 11 July 2011. See Exhibit C, page 172. In item 1 he states “I wrote to Mr and Mrs Taxi Driver on 5th July.” I queried Damian Brass again in a letter to him dated 18 July, 2011. See Exhibit C, pages 174 to 180, number 1. In it I ask him to “Please inform me of what they say regarding their witnessing of the current will.” Damian Brass has never responded to this query. Back

  67. In paragraph 7 of Damian Brass’ Affidavit of 08 December 2011 he states that my letter of 05 December 2011 (once again, it is Exhibit C pages 190 to 193) is “an inaccurate portrayal of events.” As evidence he states “As examples, and contrary to the suggestion in her letter, it was not necessary (or even possible) to file Affidavits of Attesting Witness in the Probate Office as no queries were raised when the papers were presented to them.” Back

  68. In my 05 December 2011 letter which Damian Brass uses to illustrate his view of my “inaccurate portrayal of events” I state “I cannot see how it was in the residual beneficiaries' best interests when you were informed of the statement by Mr Taxi Driver that he had never seen nor signed Mom's Will, along with Mrs Taxi Driver's equally troubling statements, and you failed to respond to my query about this, and as you put it, the ‘serious issues’ it raised. The last time I checked with the courts, there were no Affidavits of Attending Witness filed with the Probate Office, as I suggested it would be prudent for you to seek. I am not even sure if you notified all or any of the other residual beneficiaries of these ‘serious issues.’” (I misquoted Damian Brass here in my letter to him. I should have said “number of issues” and not “serious issues.”) I have never suggested that Damian Brass file Affidavits of Attesting Witness with the Probate Office. A Grant of Probate had already issued by the time I brought this matter to his attention. I did strongly suggest that he seek Affidavits of Attesting Witness from Mr and Mrs Taxi Driver to clarify things and to protect the interests of the residual beneficiaries. I still believe it prudent to do so. Because of Damian Brass’ refusal to answer my query, I checked with the Probate Office in a letter dated 13 September 2011 to see if anything concerning this was filed. See Exhibit C, pages 181 to 182. I have accurately reported their response to me in a letter dated 19 September 2011. See Exhibit C, page 183. Back

     
  69. In paragraph 7 of Damian Brass’ Affidavit of 08 December 2011 he states that my letter of 05 December 2011 (once again, it is Exhibit C pages 190 to 193) is “an inaccurate portrayal of events.” As evidence he states "The safe deposit box held by Ulster Bank in Wexford held only a Post Office Savings Certificate (and a receipt for its purchase), a fact that [Name Redacted] of the Bank will happily confirm under oath.” Back

  70. There is nothing in my letter about this that is inaccurate. I stated “Damian, when I discovered the existence of Mom's safe deposit in Wexford, and forthrightly gave you the information about it, you assured me there would be no problem at all for an independent party and myself to witness the opening of this safe deposit box. You were aware that some of my siblings had expressed a belief that Mom may very well have placed a letter, an account of Ethan Maxwell's abuse, or even a Will that superseded the one from June 04, 2009 in this box. I cannot see how it was in the beneficiaries' best interests when you travelled to Wexford a few days later and neglected to give the beneficiaries any notice or opportunity to be there to verify the contents of Mom's safe deposit box when you opened it. At the time, I reluctantly accepted your excuse that you “just forgot” to inform anyone. Given what has transpired since then, I think it is in my interest not to accept that excuse at face value. I am further unsettled by the varying descriptions you have given me of the contents of that safe deposit box.” Back

  71. Damian Brass was aware that it was believed that the safe deposit box may have held a note or other account of the abuse suffered by Mom from his client and co-Executor Ethan Maxwell. See the transcript, Exhibit E, page 278, lines 549 to 594. Back

  72. Damian Brass did indeed assure me in a telephone conversation on 07 March 2011 that there would be no problem with me being present when the safe deposit box was opened. See the transcript Exhibit G, page 321, lines 40 to 80, and the transcript of a telephone call with Damian Brass dated 15 March 2011, Exhibit H, page 328, lines 9 to 55. Back

  73. Damian Brass did indeed neglect to give the beneficiaries any notice or opportunity to be there to verify the contents of Mom's safe deposit box when he opened it. I exhibit a letter from Damian Brass dated 14 March 2011, in which he states “By the time you receive this, I should be on my way to or in Wexford. I have arranged to meet the Estate Agent, [Name Redacted], at the house at 12 noon. Thereafter, I will be calling in to [Name Redacted] in Ulster Bank.” See Exhibit C, page 144. This letter was transmitted by email at 13:06. See the email header Exhibit C, page 145. Travel time from Dublin to Mom's house is a little over two hours. The fact this correspondence appears to have been sent about three hours after he left Dublin and an hour after he was to meet the Estate Agent disconcerts me. Damian Brass was well aware of the fact that I reside in Connemara. He gave me no opportunity to be present. Back

  74. I state in my 05 December 2011 letter that “I reluctantly accepted your excuse that you ‘just forgot’ to inform anyone. Given what has transpired since then, I think it is in my interest not to accept that excuse at face value. I am further unsettled by the varying descriptions you have given me of the contents of that safe deposit box.” This statement is also entirely accurate. I accept the fact that I will never have full confidence in what was in my Mom's safe deposit box when Damian Brass opened it, notwithstanding [Name Redacted]'s willingness to corroborate Damian Brass’ account. Regarding his reason for excluding me from being present, “I just forgot”, I no longer accept this at face value. It is just as conceivable to me that Damian Brass purposely excluded me in order to protect his client and co-Executor Ethan Maxwell in the event there were items damaging to him in Mom's safe deposit box, as more than one beneficiary believed there were. Back

     
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  75. In paragraph 8 of Damian Brass’ Affidavit of 08 December 2011 he states “I should confirm that I have acted for Dolores Maxwell and Cecil Maxwell, parents of the applicant since 1990. I acted for them when Cecil Maxwell placed the title to his home [Address Redacted], Blackrock, Co Dublin in the joint names of himself and his wife, the subsequent sale of that property and the purchase of their new home at [Address Redacted], Rosslare Strand, Co Wexford. I also acted for them in relation to various personal matters, including their wills.” In the interest of clarity and transparency, I note that the property in Blackrock was placed jointly in Mom and Dad's name on 07 May 2003. See Exhibit A, pages 44 to 45. It was sold on 27 July 2005. See Exhibit A, pages 46 to 47. Mom and Dad's home in Rosslare was purchased on 23 August 2005. See Exhibit A, pages 52 to 55. Back

  76. I refer to Nathaniel Maxwell's statement for more information and clarity on these events. See Exhibit L. Back

     
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  77. In paragraph 9 of Damian Brass’ Affidavit of 08 December 2011 he states “the Applicant is not my client.” I am a residual beneficiary in the estate of my Mother, Dolores Maxwell. Damian Brass and Langdon Jaggers both fulfil the role of solicitor/executor in that estate. I rely on the High Court decision in Condon-v-Law Society from 23 February 2010. I exhibit that decision in Exhibit J, pages 352 to 363 and exhibit an article from the Law Society Gazette from the July 2010 issue addressing this in Exhibit J, pages 364 to 366. Back

  78. In paragraph 9 of Damian Brass’ Affidavit he states “…I have advised her on many occasions that it would be appropriate for her to engage her own Solicitor and take her own independent legal advice.” The Respondent exhibits an email to me dated 13 October 2011. I also exhibit this email in Exhibit C, page 189. In another email dated 02 December 2011 the Respondent wrote “Finally, if you have any issues regarding the administration of the estate, can I advise you once again to seek your own independent legal advice, in your capacity as a beneficiary in the estate.” I exhibit this email in Exhibit C, page 189a. These are the only times Damian Brass ever advised me to seek legal advice or engage a solicitor. In conversations with him, either on the phone or in person, Damian Brass never advised me to engage my own solicitor or seek independent legal advice. Back

  79. Damian Brass did advise me in the course of my meeting with him on 01 February 2011 of the consequences to my Mother's estate should any of the residual beneficiaries engage a solicitor. See the transcript, Exhibit E, page 286, lines 782 to 836. He advised me that Jaggers and Brass' fees would go up; that if Mom's Estate was charged €30,000 or €50,000 that his client and co-Executor Ethan Maxwell would be happy if that was the case. Back

     
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  80. In paragraph 10 of Damian Brass’ Affidavit of 08 December 2011 he states “…the Applicant also claims that I ‘represented both Dolores and Cecil Maxwell and Ethan Maxwell in a large purchase of property by Dolores and Cecil Maxwell for Ethan Maxwell while Dolores and Cecil Maxwell were under undue influence and duress from Ethan Maxwell in 2005.’ Such an averment is incorrect. Dolores and Cecil Maxwell did not purchase a property for Ethan Maxwell. I acted for Ethan Maxwell in the purchase of his own property. Dolores and Cecil Maxwell made a gift out of the sale proceeds of their property in Blackrock to Ethan Maxwell towards a purchase of his property. I continue to act for Ethan Maxwell as I do for another sibling of the Applicant. No conflict of interest has ever arisen.” I respond to Damian Brass’ paragraph 10 in my following paragraphs, numbered 81 to 94. Back

  81. I welcome and appreciate the clarification Damian Brass has offered in regard to his client Ethan Maxwell's gaining ownership of the property in Finglas. Instead of Mom and Dad handing the money to the seller of the Finglas property and then it being deeded to his client Ethan Maxwell as I understood, it appears from Damian Brass’ description that Mom and Dad handed the money to Ethan Maxwell who in turn handed it to the seller. I apologise for my inaccuracy; although I have sought information regarding this transaction from Damian Brass, he has offered very little. Whatever the path of the money from Mom and Dad to the seller, I see no material difference in the transaction. Back

  82. In conflict with Damian Brass’ statement, I note that in a letter to Damian Brass from “Mrs D Maxwell” dated 18 May 2009 the author states “While you probably feel that there is no need to retain this letter, as you know that, under no influence or duress, Cecil and I authorised the purchase of the Finglas property in 2005.” See Exhibit C, page 70. The author of this letter seems to understand that the purchase of the Finglas property was “authorised” by Mom and Dad. I note that this letter is not signed, and I fully consider it to have been written by Damian Brass’ client Ethan Maxwell, like so many other questionable documents. Back

  83. Also in conflict with Damian Brass’ statement concerning these events I refer to Nathaniel Maxwell's statement, see Exhibit L. Back

  84. In the interest of clarity and for background, Dad bought the Blackrock property on 12 May 1955, shortly before he and Mom were married. The mortgage was paid off on 29 September 1982. See Exhibit A, pages 42 to 43. As noted in my above paragraph numbered 75, the Blackrock was placed jointly in Mom and Dad's name on 07 May 2003, and it was sold on 27 July 2005. Mom and Dad property transactions were witnessed by Damian Brass as is shown on the Registry of Deeds records in Exhibit A, pages 43 to 47. Two weeks later on 12 August 2005, Damian Brass’ other client Ethan Maxwell took ownership of the Finglas property. See Exhibit A, pages 48 to 51. Mom and Dad's house in Rosslare was purchased on 23 August 2005, shortly after the Finglas property was purchased. See Exhibit A, pages 52 to 55. I note that Damian Brass’ statement makes no mention of the very short timeframe between these transactions. Back

  85. In paragraph 10 of Damian Brass’ Affidavit of 08 December 2011 he states Mom and Dad gave a gift to his client Ethan Maxwell “…towards a purchase of his property.” I exhibit the transcript of a meeting I had with Damian Brass on 01 February 2010 in which he states this gift was in order to “assist” his client Ethan Maxwell and “helping Ethan out.” See the transcript, Exhibit E, page 303, lines 1271 to 1279. I believe Damian Brass is understating the nature of this transaction, as I show in my following paragraph Back

  86. Damian Brass’ client Ethan Maxwell at the time the Blackrock property was sold and the Finglas property was purchased was unemployed and fully dependent on Mom and Dad. Although he was at that time 31 years of age, he had never lived outside the family home, except for a brief period when he was in Spain on a work/study grant. At the time of these transactions, Ethan Maxwell's only known legal employment to the best of my knowledge and belief was a period of a few months in the early part of 2005. Much to my parents' dismay, he quit that employment. The Finglas property was purchased outright; there was no burden on the property. Given the prices of property in the Finglas area at the time, I believe Mom and Dad's “gift” to be around €360,000 to €420,000. I note that Damian Brass’ client Ethan Maxwell secured employment with the City of Dublin VEC in their credit and finance department shortly after taking possession of the Finglas property. Once employed the requisite amount of time, Ethan Maxwell secured a mortgage on 01 September 2006. See the Exhibit A, pages 52 to 55. Back

  87. Damian Brass was in receipt of information at the time of these transactions from Nathaniel Maxwell, Sophie Maxwell and another of Mom and Dad's children (Damian Brass said it might be Sean Maxwell) expressing their concerns that Mom and Dad were being forced into this transaction, and making Damian Brass aware of the physical abuse Mom and Dad had suffered from his client Ethan Maxwell. Damian Brass was unsettled enough about this to at least seek advice. See the transcript Exhibit E, page 300, lines 1195 to 1314. Back

  88. In paragraph 10 of Damian Brass’ Affidavit of 08 December 2011 he refers to no supporting documentation. I note there are no Attendance records. I have requested Damian Brass provide me with some documentation to show Mom and Dad were offered the benefit of independent counsel. See Exhibit C, pages 174 to 180. My request for this is found on page 179. He has never responded to my request. Back

  89. Damian Brass has not responded or given any indication that my parents were afforded this opportunity. Damian Brass has provided no information as to the nature of the advice he gave my parents. At the time, my mother was 75 years of age; my father was 80 years of age. Damian Brass has given no indication if he advised Mom and Dad about their need to make sure their future was secure in case of sickness or infirmity. He does not indicate if he advised them of alternatives such as purchasing the Finglas property themselves and renting it to his client Ethan Maxwell, or purchasing the Finglas property and allowing Ethan Maxwell “free use,” or even purchasing the Finglas property and assigning the deed to Ethan Maxwell subject to revocation. I believe for Damian Brass to have even minimally sought to protect my parents' interest in this would have been to the detriment of his client Ethan Maxell's obvious interest which was free and clear ownership of the Finglas property at no cost or obligation to himself. The conflict of interest is explicit. Back

  90. Damian Brass has openly admitted that he was representing both Ethan Maxwell and my parents in these transactions. That he would represent both parties is disturbing and unprofessional. That he would continue to represent both parties after being in receipt of information regarding undue influence and physical abuse by one of those parties against the other party is astounding. That he did not insist that my parents take independent advice is negligent misconduct, I believe. I also refer to the Supreme Court decision of 21 July 1999 in Carroll-v-Carroll in which Barron J states “…a solicitor or other professional person does not fulfil his obligation to his client or patient by simply doing what he has been asked or instructed to do. He owes such person a duty to exercise his professional skill and judgment and he does not fulfil that duty by blithely following instructions without stopping to consider whether to do so is appropriate.” Back

     
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  91. In paragraph 10 of Damian Brass’ Affidavit of 08 December 2011 he states “I continue to act for Ethan Maxwell as I do for another sibling of the Applicant. No conflict of interest has ever arisen.” I exhibit a transcript of a meeting which took place 04 November 2010 in which he states “…and if I'm going to have to decide who I'm acting for, it's your mother, sorry, not Ethan, that's out.” See the transcript, Exhibit D, page 217, lines 85 to 104. I think it reasonable for me to believe that Damian Brass would not represent Ethan Maxwell (other than in his role as co-Executor) when Damian Brass was acting for Mom during the administration of her estate. Back

  92. Having become very unsettled over Damian Brass’ conduct, and coming to the conclusion that his actions were consistently protective of Ethan Maxwell, I asked Damian Brass in a letter dated 07 July 2011 if Jaggers and Brass was “representing Ethan Maxwell at this time in any capacity whatsoever.” See Exhibit C, pages 167 to 171. My question appears on page 168. In a response to me dated 11 July 2011, Damian Brass stated “Jaggers and Brass is and continues to represent Ethan in his capacity as one of the Executors of your mother's will.” See Exhibit C, page 172, item 2. Not quite understanding what Damian Brass was telling me in this response, I sought clarification in a letter to him dated 17 July 2011. See Exhibit C, pages 174 to 180. Damian Brass never responded to that letter. Back

  93. I was aware that Jaggers and Brass acted for Ethan Maxwell in 2005 during the purchase of the Finglas property. I was also aware that Jaggers and Brass acted for Ethan Maxwell in 2006 in regards to him seeking to make my uncle Patrick Maxwell a Ward of Court. I was aware that Ethan Maxwell indicated Jaggers and Brass was acting for him in 2007 in regards to a Planning Board issue. See Exhibit C, pages 68 to 69. I was also aware that Jaggers and Brass acted for Ethan Maxwell (under a different name) in 2008 in the purchase of a property in Bray. See Exhibit A, pages 48 to 51 and the transcript, Exhibit E, page 280, lines 608 to 623. Back

  94. I also believed Damian Brass represented Ethan Maxwell while Mom was in Wexford General because of his letter to me dated October 20 2010 in which he states “I have spoken with Ethan on a few occasions recently and he called to our offices today. I think he is very stressed at the moment and it might be better not to contact him unless absolutely necessary. I know there will be other issues to address later.” See Exhibit C, pages 115 to 117. Nonetheless, again, I think my belief that Damian Brass would not represent Ethan Maxwell (other than in his role as co-Executor) when Damian Brass was acting for Mom during the administration of her estate was reasonable. Back

     
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  95. In paragraph 11 of Damian Brass’ Affidavit of 08 December 2011 he states the ”Applicant claims that I misled her by stating on several occasions that I would provide her, through Executor's power, authority to seek her mother's financial and phone records. This is incorrect.” Damian Brass’ statement is incorrect and false, as shown by my following paragraphs numbered 96 to 111. Back

  96. I exhibit a transcript of a meeting with Damian Brass, Nathaniel Maxwell, Geoffrey Blair (HSE Elder Abuse) and me which took place 04 November 2010 at Wexford General Hospital in which Damian Brass states “Well, I don't want to put you off now, but one thing is, (Unintelligible) the priority (Unintelligible) is your mother's health and secondly, and the next issue is the expenses and whatever Ethan might have done, or Ronan to a lesser extent with your mother's affairs. And we will be able to pursue all that, like I will be your mother's solicitor.” See Exhibit D, page 217, lines 85 to 92. Back

  97. In this meeting of 04 November 2010 Damian Brass further states “I mean, I know I did act for Ethan in the past, you know, you know that because I did act for him when he bought a house. I did do that. But your mother was the first client and your father was before him, so, and if I'm going to have to decide who I'm acting for, it's your mother, sorry, not Ethan. That's out. But I mean, we can pursue all those things afterwards and we can get copies of the bank statements, and we can try to recover it, and you know, being logical about it, if Ethan has taken money that he shouldn't have taken, I mean, Ethan does own a house so there are assets there to meet any claims you want to make against him but that can be dealt with later, but unfortunately, like, until we actually manage to get access to your mother's accounts and affairs, we can't do very much…” See Exhibit D, page 218, lines 94 to 117. Back

  98. In this meeting of 04 November 2010 Damian Brass further states, speaking of Mom's Enduring Power of Attorney, “…your mother didn't restrict it in any way, so if the document goes through, yes, I'll look after everything on behalf of your mother. (Unintelligible) …totally acting in your mother's interests. (Unintelligible) I can, at that stage, I can pursue any concerns about your mother's (Unintelligible) …I can ask for bank statements, etc., and pursue as much as you want of that. And I don't have a conflict of interest, I mean it's not as if I'm going to find something I'm not going to tell you or wouldn't pursue it ’though I should, once I get this registered.” See Exhibit D, page 226, lines 324 to 328. (I note here that Mom's EPA as per her request was not unrestricted. See Damian Brass' Attendance note of a phone call with Mom dated 27 May 2009, Exhibit B, page 59.) Back

  99. In this meeting of 04 November 2010 Damian Brass further states “Yes, but, but, once again, we can look at those things after the administration, there's lots of issues and I'm sure there's ten more that haven't even been thought about which will come to light when we get access to all her affairs.” See Exhibit D, page 228, lines 378 to 388. Back

  100. I exhibit a transcript of a meeting with Damian Brass and me which took place 01 February 2011 in which Damian Brass states “The thing I don't have in this is, to get back to the credit card, I, it's much easier for me to get a grant of probate, they might do Ulster Bank, I think it's Visa or something like that, MasterCard, and I'll say to them, here's the Grant of Probate, I need the statements going back, you know, whatever, but at the moment, I'm only the executor, I'm not issuing, there's no Grant of Probate so, (Unintelligible)” See Exhibit E, page 271, lines 333 to 341. Back

  101. In this meeting of 01 February 2011 Damian Brass further states “The question is should it have ever been due back, that's the issue, but it was due at the time of death so it has to go in so, as a secondary measure, we can then find out what this was for, or, I mean, was she taking out cash all over the place, it wouldn't be like your mother, whatever, I have to put it in there.” See Exhibit E, page 271, lines 349 to 354.   Back

  102. In this meeting of 01 February 2011 Damian Brass further states “I think it will say is that this will is valid, and personally, I think the will is valid, it might be almost a favour that Ethan took himself out of it, you know. I mean I don't know, but I think we'll end up getting a Grant of Probate, because that will allow us access to information that we currently don't have. So if you said to me, I want all the bank statements, or all the credit card statements, I'll get you all the credit card statements, to be (Unintelligible) Langdon and I (alone?) know what to do, and we'll make sure Ethan does, we'll consent on behalf of the executors, on the Grant of Probate allowing Saoirse, you know, get all this information. I'm not saying it's (Unintelligible nothing? something?) (you? new?) but I will facilitate you 100 per cent.” See Exhibit E, page 295, lines 1055 to 1070. Back

  103. In this meeting of 01 February 2011 Damian Brass further states “I'll just say that once having probate, we'll be able to, I will say something like we'll be able to, um, more actively pursue financially detailed information if anyone has concerns…” See Exhibit E, page 299, lines 1168 to 1170. Back
     
  104. In a phone call between Damian Brass and me which took place 24 June 2011, speaking of Mom's telephone and other records he states “Well, see, I mean, I don't want to sound like I only considered this, but, what I would have thought, I mean, I don't have a problem, and Langdon Jaggers won't have a problem, and of course I haven't even thought about Ethan, but, we wouldn't have any problem giving any letter of authority to anybody, saying, this is, you, you have our full authority to do this.” See Exhibit I, page 347, lines 61 to 103. Back

  105. In paragraph 11 of Damian Brass’ Affidavit of 08 December 2011 he states, speaking of Mom's financial and telephone records, “I advised the Applicant that I would consider the matter with my co-respondent solicitor, Langdon Jaggers and Ethan Maxwell the third Executor of the Will.” I respond to this in my following paragraphs numbered 106 to 108 Back

  106. In the interest of accuracy, I note that Damian Brass made the above advisement to me solely concerning Mom's telephone records, and not her financial records as he states in his paragraph 11. Damian Brass exhibits a letter from him to me dated 11 July 2011, which he has marked as exhibit “C” in his responding Affidavit. I also exhibit this letter to me as Exhibit C page 172. I exhibit my letter to Damian Brass dated 07 July 2011; this is the letter he is responding to in his 11 July 2011 letter. See Exhibit C pages 167 to 171. Back

  107. In his letter of 11 July 2011 Damian Brass states in item 3 “Once the three Executors have had an opportunity of meeting, a decision will be taken as to whether it would be appropriate to forward Eircom records to you.” It was in response to my question concerning Mom's phone records in my letter of 07 July 2011: “Will you forward these records to me upon receipt?” Back

  108. I note that Damian Brass also applies the exact same answer to my query “If you deem these to be assets of my mother's estate, please explain why you flatly refused my request to seek these assets in our recent phone conversation.” His answer to me falls short of addressing this query; it doesn't make any sense. The reference in my statement to Mom's phone records being “assets” of her estate was in response to Damian Brass’ letter to me dated 04 July 2011 in which he states “One could argue that the phone records are ‘assets’ in your mother's estate and should therefore not be released to any party without the permission of the Executors, including Ethan. I have discussed the matter here with my co-executor, Langdon Jaggers, and we both agreed to give it some further thought.” See Exhibit C page 164. This statement greatly troubled me as it was in direct opposition to his statement to me ten days previously, as detailed in my paragraph 104 above.

     
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  109. In paragraph 11 of Damian Brass’ Affidavit of 08 December 2011 he states, speaking of Mom's financial and telephone records, “A number of other beneficiaries in the deceased's estate (being siblings of the Applicant) have made it clear that they do not want any investigation into such records.” Damian Brass offers no evidence of this, or any indication of how this matter may have been presented to the residual beneficiaries. He does not state whether he informed the residual beneficiaries of my complete willingness and intention to bear the costs of seeking these records, or if he informed the beneficiaries that the estate would not be decreased and quite possibly substantially increased to all of the residual beneficiaries' benefit. I exhibit an email from Alex Maxwell to me dated 20 Dec 2011 in which he states “My only suggestion to you for the tribunal would be to see about examining bank account activity over the last year she was alive.” See exhibit C, page 202. Back

  110. In paragraph 11 of Damian Brass’ Affidavit of 08 December 2011 he states “…the value of the deceased's estate is not significant.” Mom's estate is significant to me. It was most assuredly significant to both Mom and Dad. Overwhelming evidence indicates that Mom's estate would have been some €500,000 more “significant” if not for Damian Brass’ client and co-Executor Ethan Maxwell. Back

     
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  111. Damian Brass stated to me repeatedly that he would seek, help me to seek, or give me authority to seek Mom's records. The fact that nowhere in the written record of his correspondence does any reference to this occur is troubling. All of his written statements concerning this (which only started to occur on 04 July 2011) have opposed the many previous statements he made to me. I consider it a very strong likelihood this lack of a written record was a consequence of a deliberate and careful strategy to mislead me and protect his client and co-Executor Ethan Maxwell to the detriment of Mom's estate and her nine residual beneficiaries. Back

     
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  112. In paragraph 11 of Damian Brass’ Affidavit of 08 December 2011 he exhibits as letter “D” the Inland Revenue Affidavit (Form CA24). I also exhibit this, minus the blank pages contained therein, as Exhibit K. I note this Affidavit was sworn by the three Executors of Mom's estate on 30 March 2011, and that checking with both the Probate Office and Revenue confirms no Corrective Affidavit (CA26) has been filed as of 06 January 2012. I call attention to various items in this Affidavit in my following paragraphs numbered 113 to 131. Back

     
  113. In Part 4, Item 11 of this Affidavit an expense has been entered against Mom's estate from Harrison Burnell for a headstone. I exhibit a letter to Damian Brass from “Dolores Maxwell” dated 22 July 2010, more than four months before Mom died. See Exhibit C, page 87. In this letter the author states “Please note that since last speaking to you, I have had gravestone, etc. erected on my grave. I had instructed that my son Nathaniel Maxwell would be given responsibility for dealing with the stone mason/plot subsequent to my death. At this stage, there is no requirement for Nathaniel to have any say whatsoever with regard to the plot/funeral arrangements. For clarification, I only own the above plot in which Cecil is buried. I have written to Deansgrange cemetery instructing that the plot is for my burial and subsequent to that my son Ronan, provided there is space for him. After that, my only stipulation is that the plot can only be used for the burial of any other of my children, subject to approval by either Ethan or Ronan.” I note the author does not say what happened to Mom's other plot, 68 B2 which was right beside the plot she is now buried in. That was taken possession of by Damian Brass’ client Ethan Maxwell on 18 March 2010. See Exhibit C, page 86. It has been confirmed by Deansgrange Cemetery that this transaction was done by letter. Back

  114. I note that my Mom and Dad purchased this double plot in order to be buried side by side, and to allow room for her children to be buried with them if her children desired. It was also Mom and Dad's intention that no headstone be erected until they were both buried, and that the headstone span both plots. I note my older brother “Little Cecil” died as an infant in 1959 and is buried in the same plot as Mom and Dad. It is doubtful that Mom knew Damian Brass’ client Ethan Maxwell had taken possession of the empty plot or that a gravestone and kerbing had been erected on her remaining single plot. Back

  115. The gravestone on Mom's plot had been erected in April 2010 by one of Ethan Maxwell's associates, Blaine Duffy, of Glencullen. This is confirmed once again by Deansgrange cemetery. It was Blaine Duffy who was granted the permit to erect the gravestone in April 2010. There is a plaque on the headstone advertising "Alpine Memorials." It lists Blaine Duffy's phone number. This is a non-existent company, unregistered by any body and is unknown to the Post Office sorting centre, the Post Office for Glencullen, or the Postman who delivers Glencullen's post, or the employees of Deansgrange Cemetery. Back

  116. Harrison Burnell themselves confirm they have done no work on Dolores' plot. I exhibit an email my husband sent to them seeking understanding of the charge listed on the Inland Revenue Affidavit. It is dated 14 December 2011. See Exhibit C, page 199. I also exhibit the response of Harrison Burnell in which they state: “I inspected the site at 67 B2 St Marys. The black granite headstone and kerbs with 2no names was not erected by our Company. I suspect the recent correspondence received by you refers to our quotation issued to Mr Ethan Maxwell on the 10th May 2011.” See Exhibit C, page 200. In a face-to-face meeting between Harrison Burnell, my husband and me on 06 January 2012, they confirmed that Harrison Burnell has done no work, has not been contracted to do any work, has not agreed to do any work, and has not issued an invoice, bill, receipt or any other paperwork to Mom's estate or solicitors. Their only involvement with Mom's plot has been to provide an estimate to Damian Brass’ client Ethan Maxwell. They further stated that when Ethan Maxwell was called concerning my husband's email to her he became very angry and told her to call his solicitor. Back

  117. I note that the estimate from Harrison Burnell furnished to Ethan Maxwell post-dates the swearing of the Inland Revenue Affidavit on 30 March 2011, and the filing of the Grant of Probate on 11 April 2011, as shown in a letter to me from Damian Brass. See Exhibit C, page 152. Back

  118. I believe that not only did Damian Brass’ client seek to defraud Mom's estate before the filing of the Grant of Probate, but also sought to defraud Mom's estate further with additional false expenses. Back

  119. That Damian Brass would accept a charge against Mom's estate for a headstone, when he had been notified by “Dolores Maxwell” that a grave stone had been erected already in July 2010 is inexcusable. Back

  120. That Damian Brass was warned beforehand that this very thing might be attempted by his client Ethan Maxwell is undeniable. I exhibit a letter to Damian Brass from Conor Maxwell dated 07 February 2011 in which he states “As you know we are aware as a family that inappropriate expense claims were made against my late uncle's estate (Patrick Maxwell) for such costs and purportedly sent by my late father and I am keen to ensure that this does not happen in this case. We have been given information by one of the executors of his estate which gave us much useful background paperwork to that specific expense claim. The executors of his estate are quite rightly concerned that what happened to their late uncle's estate does not happen in our case.” See Exhibit C, pages 137 to 138. Back

  121. I also exhibit the transcript of the meeting that occurred on 04 November 2010 at Wexford Hospital, Exhibit D, page 230, lines 443 to 482. In this transcript Damian Brass admits that an administration with Ethan Maxwell as co-Executor would not be easy. In a conversation with Damian Brass which took place on 15 March 2011 I once again reiterate: “…I mean basically, what he in reality wants to do is just drain the estate.” Damian Brass replies “Well if he were, we're not, we're not having that, and I mean I have written to him, and I've spoken to Langdon about this, and I don't want to don't want to (breach?) any confidence…” See the transcript, Exhibit H, page 340, lines 380 to 384. Back

  122. That Damian Brass was warned that every document would need to be verified is undeniable. See the transcript of the meeting that occurred on 04 November 2010 at Wexford Hospital, Exhibit D, page 217, lines 74 to 92, in which Damian Brass was told by both Nathaniel Maxwell and me that everything needed to be verified. See also the transcript of my meeting with Damian Brass on 01 February 2011, Exhibit E, page 298, lines 1136 to 1144. Back

  123. The fact that Damian Brass would accept these false expenses after these warnings is beyond understanding. I note I have notified Damian Brass and six of my siblings about these false expenses in a letter to him dated 09 January 2012. See Exhibit C, pages 205 to 208. To my knowledge, Damian Brass has not acted to address these issues. However, I note that less than twenty-six hours after notifying Damian Brass about these issues, the “Alpine Memorials” plaque on Mom's headstone had been removed. See Exhibit C, pages 212 to 213 in which my brother Sean Maxwell describes that the plaque has been removed. I note that it was there on 06 January 2012 during my visit to Mom's grave. I also exhibit Damian Brass’ 10 January 2012 response to my letter. See Exhibit C, page 211. I exhibit an email from Damian Brass to Nathaniel Maxwell dated 12 May 2011 in which he states about Mom's grave “I know Ethan has plans for this.” See Exhibit C, page 154a. I note that this letter was written two days after Harrison Burnell issued a quote to Ethan Maxwell. Mom's grave belongs to the residual beneficiaries, and not Ethan Maxwell. Damian Brass is aware of this. Back

     
  124. Part 6, Item 8a of the Inland Revenue Affidavit is shown in Exhibit K, page 379, with the full particulars entered at the bottom of that page. It states “8. (A) ETHAN MAXWELL, SON OF THE DECEASED, BEING THE PARTY ENTITLED TO THE HOUSEHOLD CHATTELS NOT SPECIFICALLY BEQUEATHED, RECEIVED THE SUM OF €40,000 IN OR ABOUT 2008 FROM HIS PARENTS, CECIL AND DOLORES MAXWELL.” I note that neither Ethan Maxwell's PPS number nor address is entered in Item 8a as required by Revenue. Back

  125. Far more important is what is not included in Part 6, 8a: Back

  126. Mom's grave plot which Damian Brass’ client Ethan Maxell took possession of is not included. Grave plots in Deansgrange Cemetery cost €16,000, as confirmed by Deansgrange Cemetery. Back

  127. Not included is the “gift” Damian Brass’ client Ethan Maxwell took from Mom and Dad in 2005, believed to be around €360,000 to €420,000. Back

  128. Not included is the item referenced in a letter from “Dolores Maxwell” dated 18 May 2009. I exhibit this letter as Exhibit C, page 70. In this letter the author states “Any suggestion by any of my children that Ethan unduly influenced or coerced Cecil and I into assisting Ethan financially are completely absurd and unfounded. Cecil and I specified to Ethan some time ago an amount of money from Ethan to discharge any debt to us, which was a gentleman's agreement and deliberating (sic) not legally enforceable.” This letter was not written by Mom. Back

  129. Not included is the “purchase” of a new motorbike in or around February 2005 for Damian Brass’ client Ethan Maxwell by Mom and Dad, valued at approximately €8,000. This was purchased free and clear with no financing. Back

  130. A new Toyota Corolla was “purchased” on 17 April 2008, with Ethan Maxwell as owner. This was purchased free and clear with no financing, and very might very well belong on Part 6, Item 8a of the Inland Revenue Affidavit. Back

  131. The evidence suggests that Damian Brass’ client Ethan Maxwell took “gifts” worth somewhere around €500,000 from Damian Brass’ clients Dolores and Cecil Maxwell. Back

     
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  132. In paragraph 11 of Damian Brass’ Affidavit of 08 December 2011 he concludes with “No conflict of interest has ever arisen.” This statement is not credible. Damian Brass could not protect my parents' interests in the sale of their Blackrock home and the purchase of the Finglas property without a detrimental effect to his client Ethan Maxwell's interests. Back

  133. He cannot seek to have the illegal and unauthorised charges his client Ethan Maxwell made on Mom's credit card while she lay dying in the hospital restored to Mom's estate without exposing his client Ethan Maxwell to prosecution and/or other legal action; Mom's estate and her nine residual beneficiaries suffer if he does not. Back

  134. He cannot seek Mom's financial and other records without exposing his client and co-Executor to prosecution, legal action, and/or financial and tax liability. I have made Damian Brass aware of many very questionable transactions in Mom's account. These came from just the very few financial statements retrieved from Mom's house. They were retrieved partially burned from her fireplace, and also stuck to the bottom of her rubbish bin. As an example, I exhibit a letter from me to Damian Brass dated 12 December 2011. See Exhibit C, pages 195 to 197. In this letter I notify Damian Brass of transactions in just one of Mom's accounts that totalled over €170,000 in less than a four month period. To my knowledge, Damian Brass has not taken any action concerning any of the very questionable transactions I have made him aware of. I believe he cannot take any action concerning them because it would expose his client Ethan Maxwell to prosecution, other legal action and financial loss. This is in direct conflict with the interests of Mom's estate and the residual beneficiaries; any money recovered would revert to Mom's estate. Back

  135. I believe he cannot seek redress for the false expenses for a headstone without exposing his client to prosecution and/or other legal action; Mom's estate and her nine residual beneficiaries suffer if he doesn't seek redress. Back

  136. I believe Damian Brass will resist filing an accurate Corrected Affidavit with the Probate Office because to do so would expose his client to tax liability, prosecution and/or other legal action. Mom's estate and her nine residual beneficiaries will suffer if he doesn't file an accurate Affidavit. Back

  137. I believe Damian Brass’ statement to Nathaniel Maxwell and me on 04 November 2010, “And I don't have a conflict of interest, I mean it's not as if I'm going to find something I'm not going to tell you or wouldn't pursue it 'though I should…” is not credible. See the transcript, Exhibit D, page 226, lines 336 to 337. Back

  138. Damian Brass stated to Alex Maxwell in a letter dated 20 December 2011 “I have to act solely in the interest of the beneficiaries. There is no conflict of interest.” See Exhibit C, page 201. I consider this statement to be unsupportable and cannot give it credit. Damian Brass further states in the letter to Alex concerning a conflict of interest “If there were, I would immediately cease acting in the administration.” As noted in my paragraphs numbered 113 to 110 above, Damian Brass was notified of false expenses charged against Mom's estate. He was made aware of the explicit conflict of interest that exists between his representation of Mom's estate and the interests of the residual beneficiaries, and that of the interests of his client Ethan Maxwell. To my knowledge Damian Brass has not acted on his statement to Alex Maxwell that he “…would immediately cease acting in the administration.” I cannot credit that statement of Damian Brass’, either. Back

  139. Damian Brass was aware that his client Ethan Maxwell would bring difficulties to the administration of Mom's estate. In a meeting which took place before Mom's death on 04 November 2010, Damian Brass stated “…even if Ethan is an Executor, it's not going to be a problem, I can assure you of that. It won't be, it won't be the easiest one to do, because, if he were an Executor. But we can get around it, I assure you.” See the transcript, Exhibit D, page 230, lines 441 to 476. Back

  140. In a conversation with me on 24 February 2011 Damian Brass stated “…I mean with Ethan, you can understand, I, I've, I don't mind saying I had to write to him during the week and say, I mean, it's just really impossible now with him.” See the transcript Exhibit F, page 318, lines 108 to 110. Back

  141. In a conversation with me on 15 March 2011 Damian Brass stated “…if I thought there was a possibility of having Ethan removed as Executor, I would do it.” In the same conversation Damian Brass further states “…I've been on to the Law Society about this as well, and unfortunately, I mean, I did (Unintelligible) with them about was there anything I could do…” See the transcript Exhibit H, page 339, lines 333 to 359. Damian Brass further states about his client and co-Executor Ethan Maxwell “…we are trying to control him but the longer this goes on Saoirse, the worse it will be.” See Exhibit H, page 340 lines 386 to 395. Back

  142. I note that Damian Brass’ client Ethan Maxwell at one time stated his intention to renounce his role as Executor. In a letter to Damian Brass dated 16 October 2010 he states “If I am a co-executor, as indicated by my mother, I feel at this point in time I would like to renounce. I feel it unlikely that my feelings on this will change.” See Exhibit C, pages 116 to 117. Back

     
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  143. In paragraph 12 of Damian Brass’ Affidavit of 08 December 2011 he states “…the Applicant claims that I issued a threatening letter to Conor Maxwell, one of her brothers and that it was issued with an illegible signature and no name. The Applicant further claims that I have declined to confirm on whose authority the letter was sent. These claims have no validity.” I note that the threatening letter was dated 13 September 2010, and refer to my Grounding Affidavit, paragraph 3, and Exhibit C, pages 332-356 of my original complaint to show that these claims are valid. I exhibit the 13 September 2010 letter here in Exhibit C, page 92. Back

  144. I note that in paragraph 12 of Damian Brass’ Affidavit of 08 December 2011 he refers to a different letter sent to Conor Maxwell which was dated 04 January 2010, not the letter to Conor Maxwell dated 13 September 2010. Because of inaccuracies in Damian Brass’ statements about this 04 January letter, I respond in my following paragraphs, numbered 145 to 151. Back

  145. Referring to the 04 January 2010 letter to Conor Maxwell, Damian Brass states “I have told the applicant on numerous occasions that the letter was sent to Conor Maxwell on the instructions of Dolores Maxwell.” Damian Brass’ statement is false. He never informed me that letter was written to Conor. I exhibit a letter from me to Damian Brass dated 10 January 2010. See Exhibit C pages 80 to 81 in which I sought to find out from him which of my siblings received this letter apart from me. I also express my concern that he was acting on instructions from Ethan Maxwell. I exhibit a letter from Damian Brass to me dated 13 January 2010 in which he states “Likewise, I have no authority to confirm to whom I wrote on 4th January. If it is of any assistance, I can say that a number of your siblings were included, apart from Nathaniel.” See Exhibit C, page 82. Again, Damian Brass has never told me even once that the letter was sent to Conor Maxwell or on whose instructions it was sent either in his correspondence to me or in any conversation with me. Back

     
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  146. In paragraph 12 of Damian Brass’ Affidavit of 08 December 2011 he exhibits the “written instructions of Dolores Maxwell” dated 30 December 2009, which he denotes with the letter “F”. I also exhibit these instructions here for convenience. See Exhibit B, pages 61 to 62. Concerning Mom's Enduring Power of Attorney (which was made in May 2009) the author of this letter states “Such reference and other matters encouraged me to appoint trustworthy non-family members with enduring power of attorney.” The author also states “I request that Jaggers and Brass write by registered post to my children as my solicitor informing them that I have appointed attorneys, suitably experienced and trustworthy non-family members, in the event of me being incapable or becoming incapable of managing my own affairs…” The author of this letter is misinformed. Mom's Enduring Power of Attorney appointed but a single Attorney, Damian Brass. See Exhibit B, page 59 in which Damian Brass in his Attendance record notes that he is the sole attorney. Back

  147. I note that the author of these instructions uses incorrect addresses for two of Mom's children (even though at least one had just recently received a Christmas card from her at the correct address) and that the author is unaware of the address of a third child, Mom's oldest child, Nathaniel Maxwell. Back

  148. The author of the “written instructions from Dolores Maxwell” which Damian Brass acted on also states in these instructions “…I do not want my children to concern themselves with regard to my finances…” I exhibit a letter to Damian Brass from me dated 26 February 2010 in which I inform him (having been myself informed by the HSE Elder Abuse Services) that Ethan Maxwell was identifying himself as Mom's sole carer, and that he was claiming to have Power of Attorney. See Exhibit C, pages 84 to 85. If Damian Brass believed these instructions were from my Mom, I do not understand why he was not aroused enough to take some action regarding Ethan Maxwell's claim of Power of Attorney. I submit that Damian Brass was guilty of misconduct in not protecting his client Dolores Maxwell in this regard. (There never was a Power of Attorney registered with the courts. Ethan Maxwell continued to claim Power of Attorney over all Mom's affairs and medical decisions, including when Mom was admitted to Wexford General on 26 September 2010, at which time he instructed that none of her children or family members were to be notified or given any information about Mom.) Back

  149. The author of the “written instructions from Dolores Maxwell” also states in these instructions concerning Nathaniel Maxwell's address “You should be able to find an address on google/RICS website.” This statement is crossed out and an address for Nathaniel Maxwell hand printed above it. This address is demonstrably written by Ethan Maxwell. The author uses Nathaniel Maxwell's office address. Mom never used that address for Nathaniel Maxwell. I exhibit emails from Nathaniel Maxwell and me to each other dated 05 January 2011, which occurred after I was in receipt of the 04 January 2010 letter from Damian Brass. See Exhibit C, pages 78 to 79. The reference to Google is not from Mom. Mom did not type or use a computer. I submit that these instructions like so many other documents purportedly from Damian Brass’ client Dolores Maxwell are in fact authored by his client Ethan Maxwell. Back

  150. In the letter from Damian Brass to me dated 13 January 2010 referenced above he states, speaking of the 04 January 2010 letter he sent “If it is of any assistance, I can say that a number of your siblings were included, apart from Nathaniel.” I note that a registered letter was sent to Nathaniel Maxwell at his office, and that the “instructions from Dolores Maxwell” included Nathaniel Maxwell in the list of children to be sent the letter from Damian Brass. Damian Brass confirms that this letter was sent to Nathaniel Maxwell. I Exhibit a letter from Damian Brass to Mom dated 13 January 2010 in which he states “The letter I sent Nathaniel was returned to me today, marked ‘not called for’.” See Exhibit C, page 83. Back

     
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  151. In paragraph 13 of Damian Brass’ Affidavit of 08 December 2011 he states “The Applicant is not a client of Jaggers and Brass, as indicated in paragraph 9 hereof.” I am a residual beneficiary in the estate of my Mother, Dolores Maxwell. Damian Brass and Langdon Jaggers both fulfil the role of solicitor/executor in that estate. I rely on the High Court decision in Condon-v-Law Society from 23 February 2010. I exhibit that decision in Exhibit J, pages 352 to363 and exhibit an article from the Law Society Gazette from the July 2010 issue addressing this in Exhibit J, pages 364 to 365. Back

  152. In paragraph 13 of Damian Brass’ Affidavit of 08 December 2011 he continues “Notwithstanding, I have endeavoured to deal in a timely manner with all of the Applicant's lengthy telephone calls, e.mails and correspondence (and the telephone calls, e.mails and correspondence from the other eight beneficiaries in the Estate.)” I respond to this in my following two paragraphs. Back

  153. In addition to my original Affidavit, Exhibit D, I exhibit a letter from me to Damian Brass dated 26 February 2010. Damian Brass never responded. See Exhibit C, pages 84 to 85. Back

  154. In addition to my original Affidavit, Exhibit D, I exhibit an email to Damian Brass from me dated 24 September 2010 See Exhibit C, page 98. Damian Brass never responded. Back

     
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  155. Paragraph 18 of Damian Brass’ Affidavit of 08 December 2011 states “On 23rd January 2009, the said Dolores Maxwell wrote to me in connection with the putting in place of an Enduring Power of Attorney” which he exhibits and marks with the letter “G.” I also exhibit this letter dated 23 January 2009 here for convenience as Exhibit B, page 56. I note that the author of this letter misidentifies my mom, Dolores Maxwell as Mr Dolores Maxwell. This occurs with other correspondence purportedly from Mom. Back

  156. The author of this letter exhibited by Damian Brass states “Yesterday, January 22 was the first anniversary of the death of Cecil.” It was also the last time that Mom was able to freely meet with her children and grandchildren. The fact of Mom's isolation from her children, grandchildren and other family members by Damian Brass’ client and co-Executor is beyond doubt. Damian Brass is well aware of this.   Back

  157. Damian Brass spoke of his concerns of Ethan Maxwell's involvement in Mom's affairs at the time this Enduring Power of Attorney was being organised in a meeting held on 04 November 2010 at Wexford Hospital. At that meeting Damian Brass states, speaking of a letter received by him purportedly from Mom in June of 2009, “There was a letter given subsequently and I put it here in the file, I mean it's not, it was typed up and your mother wasn't a typist and she certainly was, she wasn't an accurate typist. So this letter was about funeral expenses and things like that, but I'm just going to ignore that, I mean it (Unintelligible).” See the transcript, Exhibit D, page 226, lines 344 to 357. Back

  158. He further states in this meeting, “Yeah, I mean your mother probably would never have thought of signing an Enduring Power of Attorney. If it was at Ethan's instigation that she did it, superficially, again, there's nothing wrong with that because in numerous families a daughter or son would prompt the parent into saying, don't you think you should do this and there was no reason why she shouldn't do it, and the fact that me as her attorney, I was relieved at that point, because, if Ethan had been appointed as attorney, I think I would have been concerned. And it may have been just a step too far and Ethan may have realised that if he actually put that in it was just going to look very, very odd, and I might have had concerns about it. I don't know.” See the transcript, Exhibit D, page 228, lines 390 to 431. Back

  159. The author of this letter exhibited by Damian Brass states that “As you are aware, I have never consented to any discussion of my affairs to anyone other than Jaggers and Brass and often to my son Ethan who has been very helpful to my late husband and myself. Needless to say, any presentation of my personal documents to you by anyone other than myself would in fact be unacceptable. I did not give permission for anyone other than Ethan to have access at home to my personal financial and legal affairs, albeit restricted at times.” Given Damian Brass’ awareness as stated in the above two paragraphs, Damian Brass was guilty of misconduct in not taking action to protect his client Dolores M. Maxwell, her assets and her “personal financial and legal affairs” at the time of this letter in 2009. I note that Damian Brass’ client and co-Executor Ethan Maxwell's access to Mom's “personal financial and legal affairs” included her bank accounts, ATM card, cheque book, credit card, ESB account, Eircom account, medications, etc. to her great detriment. Back

  160. The author of this letter exhibited by Damian Brass states “My informed parties would only be my son Ethan and Ronan Maxwell.” This was a change from previous conversation with Damian Brass from April 2008 naming her son Kyle Maxwell and her daughter Emily Maxwell as Notice Parties. I exhibit a letter from Damian Brass to Mom dated 27 January 2009 referring to this. See Exhibit B, pages 57 to 58. This change served to further Ethan Maxwell's isolation of Mom. Back

  161. Ethan Maxwell's isolation of Damian Brass’ client Dolores Maxwell was virtually complete by the time of her admittance to Wexford General Hospital. At that time Damian Brass’ client and co-Executor Ethan Maxwell instructed the hospital to inform none of Mom's children, her brother or anyone else of Mom's hospitalization or condition. Except for Ethan Maxwell's attempt to hide Mom's hospitalization from Mom's Home Care Attendant, it is likely that Mom would have died with none of her children, grandchildren, brother or other friends and family members knowing of her death. Back

  162. In paragraph 19 of Damian Brass’ Affidavit of 08 December 2011 he exhibits the Attendance record of a phone call from Mom dated 27 May 2009 which he marks as letter “I.” I also exhibit here as Exhibit B, page 59. In this Attendance record he states, speaking of Mom: “She confirmed that DB would be the sole Attorney and would have full and unrestricted powers. This was subject to just one qualification. Should it be necessary for her to move into a nursing home, Mrs Maxwell would like the Blackrock/Dun Laoghaire area, if possible.” For whatever reason, Damian Brass in a meeting 04 November 2010 described Mom's EPA as being unlimited with no restrictions whatsoever. See the transcript, Exhibit D, page 225, lines 306 to 362. Back

  163. In paragraph 20 of Damian Brass’ Affidavit of 08 December 2011 he states “On 28th May 2009, the said Dolores Maxwell attended my office when she signed both the Enduring Power of Attorney and the new Will…” I note he does not provide an Attendance report concerning this meeting. Back

  164. In paragraph 21 of Damian Brass’ Affidavit of 08 December 2011 he states, speaking of Mom's EPA “The prescribed Medical Statement was also completed and I exhibit herewith a copy of the said statement upon which marked with the letter ‘K’ I have signed my name prior to the completion hereof.” I also exhibit this Medical Statement here for convenience. See Exhibit B, page 60. Although the date entered on this important and mandatory document supporting Mom's EPA is somewhat illegible, it seems to be dated 02 July 2009. I note there are four doctors' names on this document. Dr Catherine O'Sullivan's name was entered and scratched out. Above the scratched out name of Dr Catherine O'Sullivan, the name of Dr Michael O'Sullivan was entered. The surname of Dr Michael O'Sullivan was crossed out and the name of “Rossiter” entered above it. This document was signed with a fourth name, “Jim” or “John” Rossiter. Back

  165. I note that Damian Brass’ exhibit of this Medical Certificate marked as letter “K” is not sworn. Back

  166. I had become aware of the name “Dr Michael Rossiter” from an item I had seen in Mom's bag which was in Wexford General Hospital. (This bag was subsequently given to Damian Brass by Sean Maxwell for safe keeping.) The Irish Medical Council had no doctor registered with this name. A search for any reference to “Dr Michael Rossiter” in Ireland from various other sources was unsuccessful. This alarmed me greatly. I exhibit a letter to Damian Brass from me dated 27 October 2010 in which I ask him for a copy of Mom's Medical Statement from Dr Michael Rossiter. See Exhibit B, page 63. I exhibit a letter from Damian Brass to me dated 28th October 2010 in which he understandably denies my request. See Exhibit B, page 64. I exhibit my response to him in a letter dated 28 October 2010 asking whether he could provide with the doctor's specialty or location. See Exhibit B, page 65. I exhibit Damian Brass’ response to this request in a letter dated 29 October 2010 in which he understandably refuses my requests and notes that he is in the process of registering Mom's EPA. See Exhibit B, page 67. Back

  167. My Mom trusted Damian Brass to register and administer her EPA if it were necessary. That Damian Brass would accept this Medical Certificate in 2009 as is, knowing that it was a key and necessary document on which the EPA relied for registration is astounding. That he noted my interest in this and did not seek to clarify the issue with Mom's GP is troubling. That he knew that Mom's EPA relied on this document and that if there were any issues regarding it, Mom would be exposed to a Ward of Court from Ethan Maxwell is indisputable. See the transcript from 04 November 2010 Exhibit D, page 222, lines 226 to 278. Knowing Ethan Maxwell's history of seeking a Ward of Court concerning another vulnerable older person, Patrick Maxwell, in which Ethan Maxwell sought to be appointed as Committee with Jaggers and Brass' actively aiding him in this endeavour, it is troubling that even then he took no action to protect my Mom's interests by addressing this flawed document. Back

  168. That Damian Brass believed his client and co-Executor was involved in Mom's EPA is beyond dispute. See the transcript from 04 November 2010 Exhibit D, page 219, lines 123 to 443. That Damian Brass held this document in his hand during the 04 November 2010 meeting is also beyond dispute. Back

  169. I believe Damian Brass to be unprofessional, negligent and guilty of misconduct in regards to this Medical Certificate. Back

     
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  170. In paragraph 22 of Damian Brass’ Affidavit of 08 December 2011 he states “On 29th May 2009, the said Dolores Maxwell telephoned me to advise me she wanted to add Ethan as a third Executor to her Will in addition to the Respondent Solicitors.” I exhibit the transcript of a meeting between Damian Brass and me on 01 February 2011, in which he states regarding this “…it was just she wanted Ethan back in as executor…” See Exhibit E, page 268, lines 259 to 260. If Damian Brass’ statement to me is true, at least one of Mom's wills prior to the one she made on 28 May 2009 included Ethan Maxwell as Executor, and she chose to not have him as Executor in the 28 May 2009 will. Yet the very next day Damian Brass reports that he was instructed to add Ethan Maxwell as a third Executor. Back

  171. I have shown in my response to Damian Brass’ paragraph 18 that he had concerns about his client Ethan Maxwell's involvement in Mom's affairs (my paragraphs 157 and 158) during the time of the making of this will. That he would blithely accept these instructions to add his client Ethan Maxwell as Executor is very troubling. I note that Damian Brass neglects to provide Attendance notes from either the 28 May 2009 meeting with Mom or the phone call on 29 May 2009. Back

     
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  172. In paragraph 25 of Damian Brass’ Affidavit of 08 December 2011 he exhibits a letter to him from me dated 10 January 2010. I also exhibit that letter here as Exhibit C, pages 80 to 81. Damian Brass states in his paragraph 25 “In that letter the Applicant confirms, inter alia, that the said Dolores Maxwell ‘is fully capable of minding her own affairs. Her mind is as sharp as ever, thankfully, and it is my wish that she should have the freedom to live her life in whatever manner she chooses.’” I respond to this in my following paragraphs, numbered 173 to 179. Back

  173. I have never stated that I considered Mom to be incapable of minding her own affairs (with the exception of her hospitalisation in Wexford General, when it was agreed by her consultants, Damian Brass, and her children that it was necessary to register Mom's EPA). I note that my above letter was in response to Damian Brass' letter to me of 04 January 2010 in which he brought up the issue of Mom becoming “incapable of managing her property and affairs.” See Exhibit C, page 77. These words greatly alarmed me because of his client Ethan Maxwell's history of seeking a Ward of Court (with Damian Brass’ help) concerning my uncle Patrick Maxwell (to the exclusion Patrick's brothers William and Cecil, who were the Executors of Patrick's will). See my Grounding Affidavit Exhibit A, “Index of File Presented to Damian Brass Feb. 1, 2011.” Patrick Maxwell had been isolated from his family by Ethan Maxwell in the same way as Mom was undeniably being isolated at the time of Damian Brass’ 04 January 2010 letter to me. Back

  174. These words also greatly alarmed me because of a letter from Damian Brass’ client Ethan Maxwell to the Bray Gardai dated 04 12 2009 in which he states “My mother likes to make her own decisions and if ever she is not capable of doing such, has advised her solicitor and completed the requisite terms for a non-family member independent person(s) to act on her behalf if she ever became mentally incapable.” See Exhibit C pages 71 to 72. Back

  175. I note that there was a letter sent to the “Community Welfare Officer” on the same date as the instructions from “Dolores Maxwell” were sent to Damian Brass. See Exhibit C, page 75. In this letter to the HSE the author states “In the event of me ever becoming mentally incapable, I have completed for my solicitors some time ago all requisite forms to give power of attorney to independent non-family members. If necessary in the future, you may be provided with the names of these two people.” I note that both Damian Brass’ client Ethan Maxwell in his letter to the Bray Gardai and the author of this letter to the “Community Welfare Officer” are unaware that Mom appointed Damian Brass as her sole Attorney in her EPA. Back

  176. I exhibit a letter from Damian Brass 03 August 2010 to the HSE South FOI Officer Nicola Pielow in which he states “In case there has been some misunderstanding (or if you have been led to believe otherwise), I want to make it clear that Mrs Maxwell is fully in a position to deal with her affairs. This is not just my view. Her own GP recently confirmed the position (in writing).” See Exhibit C, page 88. I exhibit a letter to Damian Brass from “Mr Dolores Maxwell” dated 11 August 2010 thanking him for his swift response to Nicola Pielow. See Exhibit C, page 90. I exhibit a letter from “Dolores Maxwell” dated 11 August 2010 in which the author makes the requests: “Please disregard and forward all future arising requests (including any correspondence which appears to be sent to you directly by me) to my solicitor through whom I will only correspond.” (Emphasis in the original; I note Ms. Pielow's name is misspelled in both letters.) See Exhibit C, page 91. This instruction to Ms. Pielow was an attempt to further isolate Mom by Ethan Maxwell, I believe. The instructions which Damian Brass wrote to Ms. Pielow I believe to have originated with his client Ethan Maxwell. I also exhibit a letter to me from Damian Brass dated 26 May 2011 concerning his 03 August 2010 letter to HSE South in which he states “I am not very comfortable re-reading my letter of 3rd August 2010.” See Exhibit C, page 155. I note Mom had suffered a broken right shoulder and facial lacerations while in the sole presence of Damian Brass’ client Ethan Maxwell on 08 August 2010. See Exhibit C, page 89. Mom was right-handed. Like so many other injuries, Mom explained this injury was caused by a “fall.” See also Nathaniel Maxwell's statement, Exhibit L, page 399. Back

  177. I exhibit a letter to my brother Conor from Jaggers and Brass (author unknown) dated 13 September 2010 which states “Lest there be some misunderstanding (or if you have been lead (sic) to believe otherwise), we should make it clear that your mother is fully in a position to deal with her affairs and requires no assistance or interference with same. Her own GP has recently confirmed the position (in writing).” See Exhibit C, page 92. Back

  178. I note that I never questioned Mom's capacity; nor did any of my brothers or sisters. That was never the issue. My concern was always that Mom was not allowed to live her life freely because of the isolation and abuse she was suffering from Damian Brass’ client Ethan Maxwell. I framed my concerns to Damian Brass in precisely that way. Damian Brass’ client Ethan Maxwell would not allow Mom to live her life freely of her own choice. As Mom stated to me on 02 January 2010, “It's a survival thing. It's survival really.” Back

  179. I note that only Damian Brass, his client Ethan Maxwell, and in correspondence from "Dolores Maxwell" was Mom's capacity ever made an issue. Back

     
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  180. In paragraph 29 of Damian Brass’ Affidavit of 08 December 2011 he exhibits an email (marked as letter “R”) Conor Maxwell received from the HSE Elder Abuse Senior Case Worker Geoffrey Blair dated 27 September 2010. In expectation that Damian Brass may be seeking to mitigate his conduct and his responsibility by referring to Geoffrey Blair's statement, I respond in my paragraphs numbered 181 to 191. Back

  181. I exhibit a letter to Conor Maxwell from Jaggers and Brass Solicitors authored by person(s) unknown dated 13 September 2010. See Exhibit C, page 92. (Although for a number of reasons I remain convinced this letter was in fact forged by Ethan Maxwell, Damian Brass has stated that is was issued by Jaggers and Brass, see my Exhibit C, pages 172, item 8 in which Damian Brass confirms this letter of 13 September 2010 issued from Jaggers and Brass.) In this letter Conor Maxwell was threatened with an Order of some sort on the foot of his unsuccessful attempts to visit Mom in August of 2010. Back

  182. I exhibit a letter to Jaggers and Brass from Conor Maxwell dated 24 September 2010 in response to the letter above from Jaggers and Brass. See Exhibit C, pages 93 to 94. I note this letter was never responded to. Back

  183. I exhibit a letter to Damian Brass from me dated 24 September 2010, in which I inform Damian Brass of my intentions to visit my mother and asking him if he would seek an Order against me, also. See Exhibit C, page 98. This letter was never responded to. Back

  184. I exhibit a letter sent from Conor Maxwell which was copied to Geoffrey Blair dated 24 September 2010 in which Conor encloses a copy of the 13 September 2010 letter he received from Jaggers and Brass. See Exhibit C, pages 95 to 97. Back

  185. I exhibit a letter from Geoffrey Blair to Conor Maxwell dated 27 September 2010. (This is the letter Damian Brass exhibits as "R"). Geoffrey Blair is responding to Conor regarding the 13 September 2010 letter Conor received from Jaggers and Brass. See Exhibit C, page 99. At the time of this email, Mom was in the CCU at Wexford General, having been admitted in the early morning hours of 26 September 2010. Back

  186. The fact of her admittance was hidden from Mom's children and family until Geoffrey Blair was notified of it by the Public Health Nurse nearly a week later. Damian Brass’ client and co-Executor attended at Mom's admittance, filled in the required paperwork and notified the hospital that he was Mom's sole carer, her sole next of kin, and that no one was to be told of either Mom's hospitalization or her condition. Back

  187. That Geoffrey Blair was aware that Mom was at risk from Ethan Maxwell is revealed in this letter through his comment “We are approaching her carefully,” and “Even if the situation escalates (which I don't hope), even the Gardai could do nothing without a complaint by your mother.” (I note Geoffrey Blair's statement about the Gardai is incorrect. Their Domestic Violence Policy compels them to investigate allegations from third parties. The fact they chose not to after several attempts to interest them I think comes as no surprise, but was blatantly in opposition to their written and public policies.) Back

  188. I exhibit an email from Geoffrey Blair to Conor and Saoirse Maxwell dated 01 October 2010 in which he informs us that Mom is in Wexford General. See Exhibit C, page 102. Back

  189. I exhibit a letter to Damian Brass from Conor Maxwell dated 01 October 2010 in which he notifies Damian Brass Mom is in the hospital and raises concerns about Damian Brass’ client and co Executor Ethan Maxwell. See exhibit C, pages 103 to 104. Back

  190. I exhibit a letter to Damian Brass from Conor Maxwell dated 02 October 2010. See Exhibit C, pages 105 to 108. (This is the letter that Damian Brass has excerpted for his exhibit marked “R.”) In it Conor notes that “…Ethan Maxwell is preventing Mom's children from seeing her. Several of Mom's children, including myself, had rushed to the hospital from across Ireland at this time. We were prevented from visiting our dying Mother.” Back

  191. I note that Damian Brass is not responsible for what Geoffrey Blair, the Gardai, Mom's Priest, Mom's GP, the HSE, Minister for Older People Aine Brady or anyone else that was informed of the isolation and abuse Mom was suffering from his client Ethan Maxwell did or did not do. Damian Brass is responsible for his own actions and lack of actions. Back

     
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  192. In paragraph 30 of Damian Brass’ Affidavit of 08 December 2011 he states “…as a result of the deterioration in her condition, I travelled to Wexford General Hospital on 4th November 2010 and met with her medical team and also the said Geoffrey Blair. When it became apparent that the said Dolores Maxwell was or was becoming incapable by reason of a mental condition of managing her own affairs, I immediately set in train the registration of the Enduring Power of Attorney.” I note that Damian Brass met with Geoffrey Blair, Nathaniel Maxwell and me on that date. I believe he is referring to a separate private meeting that happened with Geoffrey Blair immediately after the four of us meeting. Back

  193. I note also that Mom's condition had deteriorated long before 04 November 2010. I exhibit an email from me to Damian Brass dated 11 October, 2010, in which I note that Mom's nurse called me to say that Mom's breathing was very low and that the family should attend. See Exhibit C, page 112. Mom did survive for another six weeks. Damian Brass does not describe on what date or with what efforts he “immediately set in train the registration of the Enduring Power of Attorney.” Mom died on 28 November 2010. Back

  194. I note that shortly after Mom was admitted to Wexford General Hospital, Damian Brass’ client and co-Executor Ethan Maxwell was seeking to make funeral arrangements for a very much alive Dolores Maxwell, dropping her funeral clothes off to the funeral home and informing the rest of Mom's children in a text dated 14 October 2010 that he alone had authority to make arrangements. See Exhibit C, page 113. Back

     
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  195. In paragraph 31 of Damian Brass’ Affidavit of 08 December 2011 he states “At my insistence and despite urgings by some of Mrs Maxwell's children to the contrary, a post mortem was carried out which confirmed that she died of natural causes. I had particularly requested a post mortem in light of allegations made by the Applicant which proved misguided.” I respond to this statement in my following paragraphs numbered 196 to 198. Back

  196. I am grateful that Damian Brass requested a post mortem for Mom, although his Affidavit of 08 December 2011 is the first instance he has offered that he had requested it in light of “allegations made by the Applicant.” To my knowledge no one expected the post mortem to show that Mom did not die of natural causes; she had just spent eight weeks in the very professional care of the people of Wexford General Hospital. Our concern was the very troubling events leading up to Mom's admission and her condition on admittance. The medical staff was never able to explain the underlying cause of her physical and mental state upon admission, and indeed stated to me that they were “baffled” and “flummoxed.” It was thought that a post mortem might possibly illuminate these issues; but it was considered to be unlikely. Back

  197. Damian Brass was not under pressure from me and to the best of my knowledge any other family member to have a post mortem done. I exhibit a letter from Nathaniel Maxwell to Damian Brass dated 30 November 2010. See Exhibit C pages 133 to 134. This letter shows that the family was willing to forgo a post mortem, and indeed sought guidance from Damian Brass on the matter. See also the transcript of a meeting between Damian Brass and me which took place 01 February 2011, Exhibit E, page 261, lines 46 to 87. I also note that I am in current communication with the Coroner's office regarding Mom's death and the events that led to her admittance in Wexford General. Back

  198. Damian Brass states in his paragraph 31 that “…allegations by the Applicant…proved misguided." I note Damian Brass does not refer to what allegations or give any evidence to support his statement. I have made many allegations about his client and co-Executor Ethan Maxwell based on the proof and evidence I have discovered. I am willing and eager to be shown by Damian Brass or anyone else where any of these allegations concerning his client Ethan Maxwell have been “misguided.” Back

     
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  199. In paragraph 32 of Damian Brass’ Affidavit of 08 December 2011 he states that “…it was my considered view that I had to act upon her instructions…” Damian Brass has stated that he would disregard some of the "instructions" purportedly received by “Dolores Maxwell.” See the transcript from the 04 November 2010 meeting, Exhibit D, page 226, lines 340 to 357. I also refer to the Supreme Court decision of 21 July 1999 of Carroll-v-Carroll in which Barron J states “…a solicitor or other professional person does not fulfil his obligation to his client or patient by simply doing what he has been asked or instructed to do. He owes such person a duty to exercise his professional skill and judgment and he does not fulfil that duty by blithely following instructions without stopping to consider whether to do so is appropriate.” Back

     
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  200. In paragraph 33 of Damian Brass’ Affidavit of 08 December 2011 he states “The witnesses to the will choose not to respond or engage in any further enquiries.” Damian Brass does not give any indication if the letter he sent to the said witnesses, Mr and Mrs Taxi Driver, was responded to in any way. He fails to note whether the letter was sent by Registered Post or not. Damian Brass fails to offer any evidence or account of “further enquiries” he has taken. Back

  201. In paragraph 33 of Damian Brass’ Affidavit of 08 December 2011 he states “The provisions in both Wills are identical save that the ‘last’ Will includes Ethan Maxwell as a third Executor. Accordingly, the devolution of the Estate and its administration would be the same irrespective of which Will would apply.” I note Damian Brass was careful to conceal any knowledge of prior wills Mom made, as seen in paragraphs below. Given the false expenses against Mom's Estate and the deficient Inland Revenue Affidavit the Executors supplied when applying for a Grant of Probate, I doubt very much that the “devolution of the Estate and its administration” would not have been different had an earlier Will been in effect. Back

  202. Damian Brass’ statement is similar to his reaction concerning the fact that his client Ethan Maxwell hired a skip the day before Mom's admittance to Wexford General and threw away and/or took a large amount of Mom's household goods, documents and other items from her house up until at least 12:20 a.m. before calling for medical aid for Mom in the early morning hours of 26 September 2010. Ethan Maxwell continued to “sanitise” Mom's house while she lay in the hospital. Damian Brass’ reaction to this was “it's kind of not going to be very relevant anyway, because he gets the main contents anyway.” See the transcript of my meeting with Damian Brass on 01 February 2011 Exhibit E, page 273, lines 407 to 410. Again, I note that these illegal actions by his client Ethan Maxwell occurred not only before the Grant of Probate, but weeks before Mom died. Back

     
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  203. In paragraph 33 of Damian Brass’ Affidavit of 08 December 2011 he states “…the Applicant alleges I misled the Applicant [this beneficiary/client] on several occasions. The Applicant has not produced any evidence to this effect and I completely deny any suggestion or claim that I misled the Applicant. As pointed out in preceding paragraphs, the Applicant is not a client of this firm.” I respond to this statement in my following paragraphs numbered 204 to 214. Back

  204. As shown in my paragraphs numbered 95 to 111, Damian Brass misled me with statements to the effect that he would seek Mom's financial and other records. Back

  205. As shown in my paragraph numbered 102, Damian Brass misled me with statements to the effect that he would grant me authority through the Executors to seek Mom's financial records. Back

  206. As shown in my paragraph numbered 104, Damian Brass misled me with statements to the effect that he would grant me authority through the Executors to seek Mom's telephone records. Back

  207. As shown in my paragraphs numbered 91 to 94, Damian Brass misled me with statements to the effect that he would not represent Ethan Maxwell other than as his co-Executor. Back

  208. As shown in my paragraphs numbered 43, 224 and 225, Damian Brass misled me with his statement to the effect that "outside" solicitors had been instructed to administer Mom's estate. Back

  209. As shown in my paragraphs numbered 69 to 74, Damian Brass misled me with his statement that he would allow me to be present at the opening of Mom's safe deposit box at Ulster Bank, Wexford, denying me the opportunity to have independent verification of the contents of that safe deposit box. Back

  210. Having seen no evidence to the contrary to date, I believe Damian Brass’ statement that he would immediately resign if there was a conflict of interest to be misleading. Back

  211. Given the additional information provided in Damian Brass’ 08 December Affidavit I believe he purposely misled me regarding Mom's wills. In a meeting with me on 01 February 2011, Damian Brass stated that he wasn't sure if there was a will prior to the 28 May 2009 will made in his office, and that with no prior will his client Ethan Maxwell would be a beneficiary. See the transcript Exhibit E, page 267 lines 227 to 238. In this same meeting Damian Brass stated to me concerning the 04 June 2009 will, “I don't mind giving you the correspondence to see exactly what happened, it was just she wanted Ethan back in as executor…” indicating that a will was made prior to the 28 May 2009 will in which Ethan Maxwell was not named as executor. See Exhibit E, page 268, lines 246 to 260. Back

  212. In the letter to Mr and Mrs Taxi Driver from Damian dated 05 July 2011 he states “Over the years Mrs Maxwell made a number of Wills with me.” See Exhibit C, pages 165 to 166. Back

  213. That there were at least two wills made by Mom prior to the 28 May 2009 will is evident in a letter from “Mr Dolores Maxwell” to Damian Brass dated 23 January 2009 in which the author states “I have had concerns…and have had to act accordingly with regard to my Will, etc." This would indicate a will current on that date as well as a will before that which “Mr Dolores Maxwell” changed. See Exhibit B, page 56. Back

  214. Prior to my meeting with Damian Brass on 01 February 2011, I was very seriously considering launching a caveat to Mom's will. His repeated statements to me concerning his willingness to seek Mom's financial and other records, his statements to me that led me to believe there was no will prior to 28 May 2009, and his discouraging me from filing a caveat I believe to have been a case of him consciously and purposefully misleading me in order to convince me to not file a caveat, in order to protect both Jaggers and Brass, himself, and his client Ethan Maxwell. See the entire transcript, Exhibit E, pages 260 to 314. His stark refusal to fulfil his promises to me came only after a Grant of Probate was issued and the time period for filing a caveat had passed. Back

     
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  215. In paragraph 33 of Damian Brass’ Affidavit of 08 December 2011 he states “As pointed out in preceding paragraphs, the Applicant is not a client of this firm.” I have responded to this previously in my paragraph 77. Back

     
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  216. In paragraph 40 of Damian Brass’ Affidavit of 08 December 2011 he states “The Applicant's siblings have been advised of the allegations made against me and my co Respondent Solicitor by the Applicant and the fact that a complaint has been filed with the Tribunal. Without any request, suggestion or encouragement on my part, a number of her siblings have already written or e.mailed me distancing themselves from her actions and claiming that they are self serving. In addition, they have made it clear that the applicant does not in any way represent Mrs Maxwell's family or the beneficiaries in her estate. No one has written or e.mailed in support of Applicant.” Damian Brass offers no evidence to support this statement. Based on conversations with one of my siblings, I submit that Damian Brass most likely did not advise the residual beneficiaries of “the allegations made against me,” but rather only the fact that allegations were made. I note that I have never claimed to represent “Mrs Maxwell's family or the beneficiaries in her estate.” Whether the rest of his statement is true when he wrote it, or is true at the present time, I have no way of knowing, nor does it in any way mitigate his conduct. Insomuch as Damian Brass may be seeking to mitigate his conduct through this statement, I respond in my following paragraphs, numbered 217 to 229. Back

  217. I exhibit a letter from Nathaniel Maxwell to me dated 06 October, 2010 in which he states numerous concerns he has about Jaggers and Brass. See Exhibit C, pages 109 to 110. Back

  218. In a meeting at Wexford General Hospital on 04 November 2010, Nathaniel Maxwell states to Damian Brass, speaking of Jaggers and Brass, “…and I will say they have been put into a compromised position,” See the transcript, Exhibit D, page 216, lines 27 to 43. Back

  219. I exhibit three emails from Kyle Maxwell to me dated 25 November 2010 expressing his support. See Exhibit C, pages 128 to 130. Back

  220. I exhibit an email from Kyle Maxwell to my husband dated 25 November 2010 expressing his support. See Exhibit C, page 131. Back

  221. I exhibit a letter from Damian Brass to me dated 08 April 2011 in which he states, “On a more general note, I should mention that Jaggers and Brass may no longer be acting in the administration of your mother's estate. Your brother Conor has made unsubstantiated allegations of negligence against our firm, not alone in relation to the handling of her affairs prior to her death but also in the course of the administration of her estate (which as you know is at a very preliminary stage).” See exhibit C, page 149. Back

  222. I exhibit a letter from Sean Maxwell to Damian Brass dated 08 December 2011 in which Sean raises concerns about Jaggers and Brass acting for Ethan Maxwell. See Exhibit C, pages 194a to 194b. Back

  223. I exhibit a letter from Alex Maxwell to Damian Brass dated 17 December 2011 in which he states "Quite frankly, I don't see you acting impartially." See Exhibit C, page 201a. Back  

  224. I exhibit a letter from Damian Brass to Alex Maxwell dated 20 December 2011, in response to the above letter from Alex, in which Damian Brass states that there is no conflict of interest; if there were he would immediately cease acting in the administration of Mom's estate. I note that he doesn't state he would cease acting for the other party, his client and co-Executor Ethan Maxwell, in favour of the nine beneficiaries and Mom's estate. Damian Brass further states “…it is proposed that the Executors should now appoint ‘outside’ solicitors” to complete the administration of Mom's estate. I note he has stated the same thing in his 08 December 2011 Affidavit. Damian Brass goes on to state that one of the reasons for this: “If nothing else, this would make it easier to distinguish between acts undertaken by me as one of the Executors and my conduct as a solicitor. The Tribunal has no authority to enquire into the former.” See Exhibit C, page 201. Back

  225. I note that in the above letter to Alex Maxwell dated 20 December 2011 he states “…it is proposed that the Executors should now appoint ‘outside’ solicitors.” In a letter to me predating by a week that 20 December letter he states “…I would be grateful if you could forward same to me for onward transmission to the Solicitors who will now be dealing with the estate.” According to these statements by Damian Brass, on 08 December outside solicitors were to be appointed; by 13 December they had been appointed. Yet on 20 December they had yet to be appointed. Back

  226. I exhibit a series of emails to and from my brother Conor Maxwell and me dated 03 January 2012 in which Conor states his dissatisfaction with Damian Brass and advising me of his support. See Exhibit C, page 203 A to 203 G. Back

  227. I exhibit a letter from my brother Sean Maxwell to Damian Brass dated 09 January 2012 expressing his concerns about the administration of the estate. See Exhibit C, page 209. Back

  228. I exhibit a letter from my sister Emily Maxwell to me dated 09 January 2012 expressing her support of me. See Exhibit C, page 210. Back

  229. I exhibit a letter from Sean Maxwell to Damian Brass dated 10 January 2012 once again expressing his concerns about the administration of the estate. See Exhibit C, page 211 to 213. Back

     
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  230. In paragraph 42 of Damian Brass’ Affidavit of 08 December 2011 he states “…it is now my intention and that of my co-Executors to instruct other Solicitors who will attempt to complete the administration of the estate of Dolores Maxwell.” Back

  231. Damian Brass misled me to believe that he had indeed instructed other solicitors; in a letter to me dated 13 December 2011 he states “If you are in possession of any further information or documentation in relation to your mother's assets or affairs, I would be grateful if you could forward same to me for onward transmission to the Solicitors who will now be dealing with the administration.” See Exhibit C, page 198. Yet in a letter to Alex Maxwell dated 20 December 2011, Damian Brass states “Notwithstanding all of the above, and largely as a result of the complaint which your sister made to the Solicitors Disciplinary Tribunal arising out of my alleged misconduct, it is proposed that the Executors should now appoint “outside” Solicitors to complete the administration of your mother's estate (including the sale of the house). If nothing else, this would make it easier to distinguish between acts undertaken by me as one of the Executors and my conduct as a solicitor. The Tribunal has no authority to enquire into the former.” See Exhibit C, page 201. Back

     
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  232. In paragraph 8 of Langdon Jaggers’ Affidavit of 08 December 2011 he states “The Applicant makes reference to her brother Nathaniel Maxwell having contacted me in or about July 2005. I have no recollection of having had any conversation with Mr. Nathaniel Maxwell.” I exhibit a letter to me from Nathaniel Maxwell dated 06 October 2010 in which he states “You should be aware that in 2005 [I believe July, at the time of the move to Rosslare] I had a very traumatic conversation with a Mr L Jaggers of Jaggers and Brass. I believe him to be a partner in the firm. My phone logs should confirm the date, time and duration of the call. If not Mr Jaggers' file note of the call will confirm it.” Nathaniel Maxwell further describes this conversation with Langdon Jaggers in some detail. Back

  233. I believe Nathaniel Maxwell's account of events to be much more credible than Langdon Jaggers’. Back

  234. In a conversation with Nathaniel Maxwell on 13 December 2011, he further illuminated these events to me. See also Nathaniel Maxwell's statement provided to me, Exhibit L. Back

  235. In this conversation of 13 December Nathaniel stated his belief (and agreed with my belief) that Mom and Dad had agreed under duress to purchase a house that Ethan Maxwell would then rent from them. Nathaniel Maxwell states that at the last minute these terms were changed, with Ethan Maxwell taking full possession of this house. Nathaniel Maxwell stated to me that in his conversation with Langdon Jaggers, Mr Jaggers admitted the unusual nature of this last minute change. Back

  236. In this conversation of 13 December Nathaniel Maxwell stated that subsequent to his conversation with Langdon Jaggers, Mr Jaggers wrote him a letter about the issues spoken of in this conversation. Back

  237. In this conversation of 13 December Nathaniel Maxwell stated that Langdon Jaggers acted for our brother Ronan Maxwell in the purchase of a house in Rosslare. This occurred in 1998. As Ronan Maxwell lived and worked in Switzerland at this time Mom and Dad made several trips to Jaggers and Brass on Ronan Maxwell's behalf, and would have necessarily known Langdon Jaggers, Ronan Maxwell's solicitor. Nathaniel Maxwell also expressed that his brother Ronan Maxwell was unable to pursue issues with the builder of his house because Langdon Jaggers neglected to date a contract. Back

  238. In this conversation of 13 December Nathaniel Maxwell stated that Mom and Dad told him in 2005 that Langdon Jaggers was acting for them in the sale of their house in Blackrock, Dublin. They never mentioned Damian Brass. Back

  239. In this conversation of 13 December Nathaniel Maxwell stated that when he called Langdon Jaggers in or around July 2005 with his concerns about these impending transactions, he did in fact ask to speak with Langdon Jaggers, and had no knowledge at that time of Damian Brass. Back

  240. Nathaniel Maxwell's statements contradict much of what Langdon Jaggers swears in his Affidavit of 08 December 2011 in his paragraphs numbered 5, 6, 7 and 8. I hope that clarity and transparency concerning these events will be sought and obtained by the Tribunal and Law Society. I would expect Langdon Jaggers to freely offer Attendance records and other documents regarding the purchase of Ronan Maxwell's house to aid this, and all documents regarding his involvement with the Maxwell family, including Patrick Maxwell. Back

  241. I note Langdon Jaggers was Patrick Maxwell's solicitor, according to family accounts, during the time that Ethan Maxwell sought to have him declared a Ward of Court. Jaggers and Brass actively aided and deferred to Ethan Maxwell in this pursuit, notwithstanding that Patrick Maxwell's brothers not only wanted a role in this, but were also named as Executors in his estate. I note here, that much like what happened to Mom, Patrick Maxwell had been isolated from his friends and family by Ethan Maxwell, who despite being in recent possession of the house in Finglas, took up residence in Patrick Maxwell's house in Chapelizod and sought to extract some €40,000 from Patrick's Estate after Patrick's death for "house minding." These events of 2005 and 2006 are detailed in my Grounding Affidavit, Exhibit A, pages 38 to 300. Back

  242. In paragraph 9 of Langdon Jaggers’ Affidavit of 08 December 2011 he states “Mr Brass has kept me updated with the progress of the administration” and "Mr Brass has fully kept me informed about the administration of the estate…” Langdon Jaggers is solicitor/Executor along with Damian Brass and co-Executor with Damian Brass’ client Ethan Maxwell. Langdon Jaggers did not renounce his appointment as Executor when Mom died. Langdon Jaggers’ responsibility in the administration of Mom's estate is beyond question. I note that Langdon Jaggers to my knowledge has not addressed the false and fraudulent expenses against Mom's estate mentioned previously in my paragraphs numbered 113 to 119. I also note that he, like Damian Brass and Ethan Maxwell, swore the Inland Revenue Affidavit to be true; this Affidavit is plainly not true, as previously addressed in my paragraphs 124 to 131. Back

     
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  243. I believe that my Affidavit here has plainly shown that Damian Brass knowingly and pervasively perjured himself in his Affidavit of 08 December 2011. I believe that my Affidavit here has also plainly shown that Damian Brass knowingly perjured himself in the Inland Revenue Affidavit the Executors filed with the Probate Office. I believe Nathaniel Maxwell's statement in Exhibit L persuasively calls into doubt the veracity of Langdon Jaggers’ Affidavit of 08 December 2011. Back

  244. I remain perplexed at the Respondents' actions. The consistent deference shown to Ethan Maxwell by Jaggers and Brass to the detriment of my Mom and Dad and the residual beneficiaries of Mom's estate despite the obvious conflicts of interest is extremely troubling to say the least. Back

  245. I believe the Respondents’ actions regarding another elderly and vulnerable client of Jaggers and Brass, Patrick Maxwell, need to be explored fully. My Uncle Paddy's wife had died and they had no children. Uncle Paddy was alone and isolated from family members through the actions of Jaggers and Brass' client, Ethan Maxwell. I also understand Uncle Paddy was very well off financially. The Respondents actively aided their client Ethan Maxwell in his attempt to secure a Ward of Court concerning Paddy. Their client Ethan Maxwell sought to be named the Committee of this Ward of Court. Jaggers and Brass actively aided him in this even though Paddy's two brothers, my Dad Cecil and my Uncle Willie, not only expressed their desire to be involved, but were also named as Paddy's Executors. My Uncle Paddy died before this Ward of Court could be realised. I note that these events occurred less than a year after Jaggers and Brass had been made aware of the duress and abuse my parents were under from their client Ethan Maxwell during the property transactions in 2005. Back

  246. In a meeting with Damian Brass, attempting to understand and put in context the perplexing choices Jaggers and Brass had made, I expressed to Damian Brass directly my concern that his client Ethan Maxwell “has something on Jaggers and Brass, and that that's why it's difficult, some of the ins and outs.” See the transcript Exhibit H, page 339, lines 333 to 339. Damian Brass has assured me more than once that this is not the case. I note that Damian Brass has assured me of numerous things that simply were not true. I have a great fear that Jaggers and Brass' actions regarding Uncle Paddy, Mom and Dad, and the residual beneficiaries of Mom's estate are not an anomaly, but a symptom of a systemic way of doing business. I hope that the Tribunal and Law Society will use all the tools and authority at their disposal and prove that my fears are misplaced.
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