Wednesday 28 September 2016

Jailed ex-Anglo official claims trial was unfair

Ruaidhrí Giblin

Published 14/01/2016 | 02:30

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An ex-Anglo Irish Bank official remains in jail "because he suffered an unfair trial", according to his lawyers as they asked the Court of Appeal to "step in" and restore his previous good character.

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Bernard Daly (67), of Collins Avenue, Whitehall, Dublin, and Tiarnan O'Mahoney (56) of Glen Pines, Enniskerry, Co Wicklow 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 Daly for two years and O'Mahoney for three years on July 31, 2015.

O'Mahoney, who had been second in command at the bank and Daly, the bank's former company secretary, opened appeals against their convictions in the Court of Appeal on Monday.

Counsel for Daly, Seán Guerin SC, told the three-judge court yesterday his client's trial was unfair "from beginning to end".

Mr Guerin said the prosecution had been allowed to misrepresent the evidence and misstate facts because the trial judge held that it was a matter for the jury.

He said the prosecution was allowed to make entirely contradictory submissions and allowed to alter the indictment on the morning of the trial in an unjustifiable fashion.

Mr Guerin said the trial judge failed to marshall the evidence, failed to present the defence case to the jury and presented disputed evidence as fact.

He said Daly's conviction was imposed on a man with an umblemished record who remained in prison six months later "only because he suffered an unfair trial". He asked the court to restore his good record.

Irish Independent

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