independent

Wednesday 1 October 2014

FitzPatrick wants State to reimburse legal fees from recent criminal trial

Published 04/06/2014 | 05:22

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Former Anglo Irish Bank chairman Sean FitzPatrick is to apply for the State to pay his legal fees from his recent criminal trial.

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Mr. FitzPatrick of Greystones was acquitted last March of engaging in an illegal share support scheme. His fellow Anglo directors Pat Whelan and William McAteer were convicted on ten counts of providing illegal loans to the group of investors known as the Maple Ten to prop up the Anglo share price.

Last week counsel for Mr. FitzPatrick, Michael O'Higgins SC, asked Judge Martin Nolan to fix a date for a costs application on behalf of his client. Mr. FitzPatrick did not attend the short hearing. Judge Nolan put the matter back to June 5, the last day of the current legal term, when he will hear submissions from Mr. FitzPatrick and the Director of Public Prosecutions on whether the State should pay the costs of the former chairman's defence.

Mr. FitzPatrick is seeking to be reimbursed for legal fees arising out of his 48 day trial and the extensive pre-trial hearings and depositions. His defence team comprised of a junior and senior counsel and a solicitor.

During a further application, counsel for Mr. FitzPatrick and Whelan asked the court to release trial documents so they could be used in a separate civil action they are taking in the High Court.

Aileen Donnelly SC, who is acting for the men in the High Court, said they are taking the action against the Matheson law firm, previously known as Matteson Ormsby Prentence. During the criminal trial, the defendants claimed that they were given legal advice by Matheson Ormsby Prentence that the Maple Ten deal was legal. Evidence of this advice was ruled inadmissible by Judge Nolan. Ms. Donnelly asked the court to release the book of evidence, transcripts and depositions from the criminal trial so that they can be used in the civil action. Judge Nolan granted the request.

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