Former Anglo executives have convictions quashed
THE Court of Appeal has quashed the convic- tions of two former Anglo Irish Bank executives jailed for furnishing false information to the Revenue Commissioners and conspiring to delete bank accounts.
Tiarnan O’Mahoney, 56, and Bernard Daly, 67, had denied knowingly furnishing false information and conspiring to defraud the Revenue as well as conspiring to have accounts deleted from the bank’s internal system.
Having been found guilty by a jury at Dublin Circuit Criminal Court, Judge Patrick McCartan jailed Mr O’Mahoney for three years and Mr Daly for two years on July 31, 2015. However, the Court of Appeal quashed the former executives’ convictions yesterday on a number of grounds.
Giving judgment, Mr Justice George Birmingham said they ‘should not have had to stand trial’ on the charge of furnishing false information because the proceedings were not commenced within the tenyear time limit.
Mr Daly, of Collins Avenue, Whitehall, Dublin, and Mr O’Mahoney, of Glen Pines, Enniskerry, Co. Wicklow, also successfully contended that a substantial number of documents were wrongly admitted in evidence.
Mr Justice Birmingham said the documents, which the trial judge ruled admissible, were ‘vital to the prosecution case’. In circumstances where crucial documentary evidence was admitted in breach of the hearsay rule, Mr Justice Birmingham said the could must uphold this ground of appeal.
Furthermore, the court held that the conspiracy counts as alleged against Mr Daly ought to have been withdrawn from the jury. Seán Guerin SC, for Mr Daly, said the prosecution case against his client rested ‘almost entirely’ on the bank’s former head of compliance – a Brian Gillespie.
It was found that the evidence available to the prosecution was thin and tenuous, and in those circumstances, the court felt that ‘notwithstanding the level of suspicion that existed’, it would have been appropriate to withdraw the conspiracy case against Mr Daly from the jury.
Mr Justice Birmingham, who sat with Mr Justice Garrett Sheehan and Mr Justice John Edwards, said the conclusions reached by the court meant the men’s convictions ‘must be quashed’.
The question of a retrial did not arise for Mr Daly because the court concluded that there was insufficient evidence to go before the jury.
Mr O’Mahoney’s position was different.
His ‘omnibus’ ground of appeal concerning multiple complaints related to the trial in the summer of 2015 and did not affect the question of a retrial, the judge said. Mr O’Mahoney was released on bail until April 14 when the court will hear submissions on whether he should face a retrial.
Julie Burke, of JM Burke Tax Solicitors, made a short statement on behalf of her client, Mr Daly, saying: ‘He is delighted with the success of the appeal against his conviction.
‘He wishes to thank his wonderful family and friends who have given him steadfast support and encouragement since the onset of his ordeal in November 2013. Mr Daly also wishes to thank his superb legal team led by Mr Seán Guerin SC.’
Ms Burke also stressed that since 2013, her client ‘has consistently maintained his innocence of the serious charges levied against him’.