Tuesday 12 December 2017

Businessman wins costs for successful appeal against money laundering conviction

Tim Healy

A MAN who won an appeal against his conviction and jailing for laundering more than £3m (€3.7m) from the Northern Bank robbery has been awarded the legal costs of his appeal.

Timothy ‘Ted’ Cunningham (64) of Farran, Co Cork, was jailed for ten years but the Court of Criminal Appeal (CCA) overturned the sentence and conviction last year and a retrial was ordered on nine of the ten charges against him.

He will not be retried on the 10th count, which referred to £2.4m allegedly found in his home on February

17 2005, because the type of search warrant used for the raid on his home was later found to be invalid by the Supreme Court in a separate case.

Mr Cunningham was sentenced in April 2009 after a 44-day trial in which he was found guilty of laundering more than £3m from the £26.5m Northern Bank robbery in Belfast in December 2004.

He pleaded not guilty at Cork Circuit Criminal Court to 10 charges of money-laundering and he then appealed his conviction and sentence.

A three-judge CCA last year quashed the conviction and ordered a re-trial on nine charges relating to certain sums of money allegedly transferred by Mr Cunningham to other people.

Although Mr Cunningham received free legal aid for his original trial, a member of his family privately financed his appeal, the CCA was told.

He applied for the costs of the appeal and the re-trial but this was opposed by the DPP.

Yesterday, the CCA granted costs of both the appeal and the retrial.

It said this was notwithstanding the fact that he had got legal aid for his original trial.

Counsel for the DPP asked for time to take instructions in relation to the court's decision on costs and the matter was adjourned until October.

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