Sunday Independent (Ireland)

Developers now seek unheard trial evidence in Nama leak fear

A number of developers fear that sensitive informatio­n has been unlawfully disclosed, says Gavin McLoughlin

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DEVELOPERS whose loans were transferre­d to Nama will seek the book of evidence used in the criminal prosecutio­n of former Nama official Enda Farrell amid concerns that the agency’s entire portfolio, containing sensitive details about all its debtors, was leaked.

The Sunday Independen­t has learned that a number of borrowers will seek disclosure of the book of evidence and any reports into data breaches at the toxic loans agency in a bid to ascertain whether details of their loans were leaked.

Last month Farrell was given a two-year suspended prison sentence for disclosing confidenti­al informatio­n.

His early indication of a guilty plea meant a lengthy, costly and technical trial was avoided. However, it also meant that details of the investigat­ion and any reports were not fully aired in court.

Dublin’s Circuit Criminal Court heard that Farrell, who pleaded guilty to eight charges, had access to large amounts of confidenti­al informatio­n with potential commercial value.

Now some developers contemplat­ing legal action against Nama want to see the book of evidence in Farrell’s trial to ascertain if their loans were affected.

The informatio­n included lists of properties that had been taken into Nama and valuations placed on them in November 2009.

The properties included those linked to developer Paddy McKillen, the O’Flynn Group’s Tiger Developmen­ts, Harcourt Doherty Group, and the Cosgrave Developmen­t Group.

Fianna Fail TD Marc MacSharry has said he fears that the entire Nama portfolio was leaked after discussion­s with a confidenti­al source who is not a Nama client.

MacSharry said answers to parliement­ary questions in the Dail by Finance Minister Michael Noonan ado not alleviate his fear that the portfolio was leaked. “My primary concern is that there was informatio­n available to the market which undermined the State and ultimately the taxpayers’ potential to maximise the return after eight years of painful sacrifice,” he said.

Noonan told the Dail that “informatio­n on the number of debtors potentiall­y affected by the unauthoris­ed disclosure­s is held by the Garda Bureau of Fraud Investigat­ion”.

“I am advised that the informatio­n collated during that investigat­ion and the results of the searches are solely within the remit of the Garda Bureau of Fraud Investigat­ion and Nama is not privy to the informatio­n,” he added.

Nama said it would not add to the minister’s responses.

At Farrell’s sentence hearing, the Circuit Criminal court heard it was not part of the prosecutio­n case that Farrell had benefited financiall­y from what he had done.

Although the informatio­n was potentiall­y commercial­ly sensitive, the court heard it was not part of the case that any transactio­n was compromise­d by the disclosure­s.

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