Councillor in deception case 'is destitute'
Published 23/01/2014 | 02:30
A FORMER Fianna Fail councillor facing 22 charges of financial deception was described as being in "a destitute situation".
Cork District Court was told in an application for free legal aid that Gary O'Flynn (37) is not in paid work and has no assets.
Judge Leo Malone granted Mr O'Flynn free legal aid and remanded him to Cork Circuit Criminal Court for trial by judge and jury.
Det Garda Michael Horgan served the book of evidence on Mr O'Flynn.
The counts are sample charges from a total of 111 counts. The court previously heard that Mr O'Flynn replied "not guilty" when each count was put to him by gardai.
The Director of Public Prosecutions (DPP) has instructed that the charges be dealt with by the Circuit and not District Court.
Judge Malone remanded Mr O'Flynn to appear before the next sitting of Cork Circuit Criminal Court on February 3 next following an application from Inspector Eileen Foster.
Mr O'Flynn was granted free legal aid after his solicitor, Joe Cuddigan, submitted a statement of means on his behalf.
The former councillor said he had undertaken work for his family but that this was unpaid and was primarily for therapy purposes.
Mr O'Flynn said he was unable for both physical and mental reasons to undertake paid employment at the present time.
The 22 sample counts of deception are brought contrary to the Criminal Justice Theft and Fraud Offences Act.
Mr O'Flynn is a former member of Cork City Council, a solicitor and a former financial consultant. The total amount involved in the 22 charges is just over €1,500.
The individual sums involved range from €40 to €125.
They all relate to dates from October 29, 2009 to August 24 2012.
Mr O'Flynn of Hayfield Drive, Castle Court, Whitechurch, Co Cork is the son of former FF TD Noel O'Flynn.
A qualified solicitor, Mr O'Flynn had taken his father's old seat on Cork City Council in 2003 when the dual-mandate ban came into force.
His father was first elected to the Dail in 1997 and served as a TD for 14 years. Noel O'Flynn was famously outspoken as a backbench TD and criticised both Bertie Ahern and Brian Cowen for their leadership.
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