Courts / Wicklow / Report

"Colossal prejudice" in former Anglo chairman investigation, key witness agrees

Date
2017-01-27

Stage
Trial

Primary locality
Wicklow

County
Wicklow

Summary

The trial of former Anglo Irish Bank chairman Sean FitzPatrick, aged 68, at the Dublin Circuit Criminal Court has highlighted significant procedural shortcomings in the investigation led by Kevin O'Connell of the Office of the Director of Corporate Enforcement (ODCE). O'Connell admitted that investigators chose not to ask witnesses questions that might have undermined the case, a decision described by FitzPatrick's counsel as "an outrage" and "colossal prejudice." The investigation also failed to probe auditing standards that could have exposed the criminal offence of misleading auditors. O'Connell acknowledged the lack of skilled criminal investigators and the overreliance on civil servants and Gardaí, noting that the ODCE's approach was "very inexperienced." The court heard that the ODCE's witness‑taking procedures were later deemed "sub‑optimal," leading to a shift to Gardaí‑led statements. FitzPatrick remains charged with 27 offences under the Companies Act, including 22 counts of misleading auditors and five of furnishing false information between 2002 and 2007. Sean FitzPatrick pleaded not guilty.

Who, what, where, when and why

What: Report matter: "Colossal prejudice" in former Anglo chairman investigation, key witness agrees. Charges or matters: 27 offences under the 1990 Companies Act. Procedural stage: trial

When:

April 2010 Hearing Or Sentence
March 2011 Other
April 2015 Hearing Or Sentence
2002 to 2008 Other
2002 to 2007 Other
2017-01-27 Publication

Why: Counsel for Mr FitzPatrick (68) described as "an outrage" a decision by Kevin O'Connell, an investigator with the Office of the Director of Corporate Enforcement (ODCE), not to ask witnesses certain questions because they might "undermine" his case. CNI source report