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Wednesday 24 September 2014

Solicitor who duped builder gets one year in prison

Joe Leogue

Published 04/07/2014 | 02:30

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Gary O'Flynn
Gary O'Flynn
Gary O’Flynn at Cork Circuit Criminal Court yesterday

A FORMER builder who was deceived into giving an ex-city councillor over €6,000 said that the financial advisor deserved every bit of the one-year prison sentence imposed on him.

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Eric Higgins made the comment outside Cork Circuit Criminal Court yesterday following the sentencing of Gary O'Flynn (38), of Hayfield Drive, Castle Court, Whitechurch, Co Cork.

Last month a jury found O'Flynn guilty of 13 counts of obtaining €1,000 by deception from former builder Eric Higgins between December 31 2009 and January 27 2012.

Sentencing was adjourned last week to allow Judge Seán Ó'Donnabhain consider a psychiatric report on the former Cork City Councillor.

Last week's hearing heard an emotional plea from Gary's father, former Fianna Fáil TD Noel O'Flynn, who asked the court to spare his son a custodial sentence so that he could get help for his mental health problems.

Yesterday Mr Higgins gave a victim impact statement to the court.

He said he was absent from last week's hearing when Mr O'Flynn issued an apology to him, but that he could not accept it. He said the five-day trial in May had a severe impact on his health.

"I was sniggered at in the box at one point during the trial and only on an actual guilty verdict, all of a sudden the apologies flow," Mr Higgins told the court.

During May's trial Mr Higgins told the court that he had received a letter from a company called Debt Assist. He contacted the company seeking help with his debts to Bank of Scotland and Friends First and then met Mr O'Flynn.

He said that Mr O'Flynn had set up weekly payments totalling €62.50 to be paid by Mr Higgins into a bank account nominated by O'Flynn.

Mr Higgins said that he believed that the payments were going towards his debts with Bank of Scotland and Friends First but that he then received letters from both institutions threatening legal action over failure to pay his debts.

In his defence Mr O'Flynn had claimed that the monies paid by Higgins were legal fees for Mr O'Flynn's services as a solicitor and not payments towards the debts.

Tom Power BL, acting on behalf of Gary O'Flynn, said that his client would give an undertaking to the court never to practice as a solicitor again. He said that Mr O'Flynn has a history of anxiety and depression, has been in custody since his conviction May 28 last and had no relevant previous convictions.

Difficulties

Judge Ó'Donnabhain said that it was clear Mr O'Flynn never acted as a solicitor for Mr Higgins. He said that Mr O'Higgins was in debt and despair when he went to Mr O'Flynn, and that he relied on him to help him with his difficulties.

"At the time it would be hard to think of anybody in a more distressed condition than Eric Higgins.

"It's not the money, it's the breach of trust," he said, adding that the shock Mr Higgins suffered when he discovered Mr O'Flynn's deception was visible both in the witness box in May and at yesterday's sentencing.

Judge Ó'Donnabhain sentenced Gary O'Flynn to three years in prison, but suspended the last two years of the sentence.

Irish Independent

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