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Friday 22 September 2017

The cast of Characters

The lawyers

Liam Kennedy: Head of dispute resolution at A&L Goodbody and lawyer for the two EY auditors who signed off on Anglo's accounts and were key witnesses in the criminal investigation.

Mr Kennedy helped draft their statements and liaised with Kevin O'Connell on their behalf. At one meeting with Mr O'Connell, he changed the draft statement of one of the auditors because it was thought to be "weak", the court heard. The auditor was not present at the meeting.

The Auditors

EY: One of the world's biggest accountancy firms, EY was auditing Anglo's books between 2002 and 2008. Sean FitzPatrick's defence team alleged in court that as IBRC, formerly Anglo, was suing EY, a conviction of the bank's former chairman would provide the accountancy firm with a strategic advantage.

Vincent Bergin: One of two EY accountants leading the audits of Anglo's accounts. Mr Bergin led the audits between 2005 and 2008. He said EY had no issues with directors' loans and he confirmed that lawyers were consulted about the witness statement he gave to the criminal investigation.

Asked about the "unorthodox and illegal" process by which his statement was taken, he said he wouldn't have signed off on it if he didn't agree with all of it.

He was in court to give the "unvarnished truth".

Kieran Kelly: The head of EY's audit practice, who audited Anglo's accounts from 2002 to 2004. He denied he was given a "tutorial" by his lawyers before meeting ODCE investigators. He confirmed he had seen a portion of Mr Bergin's statement before he made his own to the criminal investigation.

The ODCE investigators

Kevin O'Connell: The quietly spoken solicitor who shouldered a criminal investigation he was not trained to carry out, shredded documents and coached key witnesses and succumbed to a nervous breakdown when his errors were exposed.

Paul Appleby: A former principal officer in the civil service who was the first head of the ODCE.

He presided over the Sean FitzPatrick investigation until he retired in 2012 with a pension of €73,000 a year and a €225,000 lump sum. Mr FitzPatrick's side claimed Mr Appleby appeared to have "a very significant desire to get Mr FitzPatrick".

His office was "driven to produce a head" and "highly sensitive to the political sphere and public outrage and to who Mr FitzPatrick was".

Adrian Brennan: ODCE legal adviser who raised concerns about Mr O'Connell's approach to witnesses.

Ian Drennan: Mr Appleby's successor since 2012. A trained accountant who worked for years in the public sector, he was boss of the regulatory body for auditors.

The detectives

Raymond Kavanagh: Detective inspector seconded to the ODCE from the Garda's fraud bureau.

He wrote a report for Garda management on the shredding of documents. Management decided to take no action against Mr O'Connell.

A note on Mr Kavanagh's file said that gardai had no role in taking statements from witnesses or the shredding of documents.

Henry Matthews: The prosecuting solicitor was the DPP's main contact point with Mr O'Connell, the ODCE's lead investigator.

The court heard that Mr O'Connell's method of taking witness statements - later deemed to be unlawful - was "touched on" in an email to Mr Matthews.

Sunday Independent

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