€300k worth of tes­ti­mony not al­lowed in Seanie trial

Irish Sunday Mirror - - NEWS - BY SYLVIA POWNALL

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.

AC­QUIT­TED Fitz­patrick

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