Sunday 19 November 2017

FitzPatrick in new bid to have State pay legal costs

Sean FitzPatrick
Sean FitzPatrick

Tim Healy

Former Anglo Irish Bank chairman Sean FitzPatrick has challenged a ruling that he is not entitled to the legal costs of his defence for his 48-day trial in which he was cleared of charges of giving illegal loans.

Earlier this year, Mr FitzPatrick (66), of Greystones, Co Wicklow, was acquitted at Dublin Circuit Criminal Court of 16 counts of providing illegal loans to the Quinn family and the Maple 10 group of investors to buy shares in Anglo.

Last June, Circuit Court Judge Martin Nolan rejected an argument from Mr FitzPatrick's legal team that he should not be liable for the costs of his defence, which are thought to be substantial, despite his acquittal.

The State had opposed the costs application on the grounds that the prosecution was in "the public interest".

Yesterday at the High Court, lawyers for Mr FitzPatrick (above), who was not present in court, said Judge Nolan's decision should be quashed and that he should be paid his costs.

Leave to bring the challenge was granted, on an ex-parte (one-side only represented) basis, by Ms Justice Marie Baker who made the matter returnable to a date in November.

Mr FitzPatrick's defence was privately funded after he was refused directors' and officers' liability (D&O) cover. He did not seek legal aid.

Irish Independent

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