€300k worth of testimony not allowed in Seanie trial
THE Office of the Director of Corporate Enforcement paid more than €300,000 for testimony ruled inadmissible in the Sean Fitzpatrick trial, it has emerged.
It commissioned reports on audits at Anglo Irish Bank and on forensic accounting from Mazars, London as part of its preparation for the court case.
But a ruling in March, previously unreported, saw Judge John Aylmer decide audit expert Nigel Grummitt could not testify as his evidence was “irrelevant”.
The witness was to assert Mr Fitzpatrick was obliged to disclose his loans under the “true and fair” accounting rule which overrides legislation.
Judge Aylmer said the proposed evidence would be “entirely unhelpful, unnecessary, misleading and singularly confusing to the jury”.
He ruled expert forensic accountant David Dearman could give evidence only after his report was revised for “significant concessions” after a defence challenge.
The ODCE, which conducted the inquiry into whether Mr Fitzpatrick misled Anglo’s auditor over his loans, has come under fire since the judge directed the jury to acquit.
He did so because of the flawed nature of the “biased” investigation.