Politicians seek to question ODCE adviser on FitzPatrick trial collapse
THE man widely criticised after the collapse of former Anglo boss Sean FitzPatrick’s trial will be given an opportunity to explain his actions in the coming weeks.
The chairperson of the Oireachtas Business Committee has sought legal advice on whether Kevin O’Connell should be allowed to give evidence.
But Fianna Fáil TD Mary Butler told the Irish Independent her “expectation” is that members will decide to hear from the former legal adviser to the Office of the Director of Corporate Enforcement (ODCE).
“Judging by what we have seen, he does raise a point in it. This was one of the biggest cases in the history of the State in relation to white collar crime,” Ms Butler said.
In a 10-page letter to the committee, Mr O’Connell said he “in no way seeks to shirk from all criticism that can properly and legitimately be levelled at me”.
But he expressed concern the committee, which assesses legislation aimed at strengthening in the area, was not delving fully into what happened at the FitzPatrick trial.
He said it was “a matter of grave concern” that its work would be done “on a basis which, with regret, I have to characterise as insufficiently informed and incomplete”.
He said the committee had made a decision to “hugely curtail the intended scope of its examination of these matters”.
Mr O’Connell also described as “curious” that the committee was not demanding to see a report compiled for Business Minister Heather Humphreys onthetrial.
Mr FitzPatrick was accused of misleading Anglo Irish Bank’s auditors about the extent of his debts to it at the height of the financial crisis.
An initial trial in 2015 collapsed after Mr O’Connell admitted shredding a number of relevant files. The retrial in
‘One of the biggest cases in history of the State in relation to white collar crime’
2017 ended when Judge John Aylmer directed that Mr Fitzpatrick be found not guilty after he expressed concerns about the ODCE’s handling of the investigation.
During his evidence, Mr O’Connell told how he had been working as a legal adviser when he was thrust into a lead role.
He also testified in detail about shredding documents that should have been disclosed to the defence.
In his letter to TDs and senators, Mr O’Connell outlined how the situation led to him being the “subject of significant criticism by the lawyers who represented Mr Fitzpatrick, by the judges who presided over those trials, and [after the retrial concluded] by politicians, journalist, online commentators and other members of the public”.
He said the “vast bulk” of the criticism was “quite legitimate”.
“However, some elements of it were excessive, I would contend. For that reason, I have long been looking forward to the full set of facts relating to mistakes and errors on my part, and the context within they happened, becoming available to all participants in the political system, the media and the public generally; together with the full set of facts relating to mistakes and errors on the part of others.”