Courts / Wicklow / Report

Anglo investigators used "unlawful" practices when taking statements, trial hears

Date
2017-01-31

Stage
Trial

Primary locality
Wicklow

County
Wicklow

Summary

During the 72nd day of the trial of former Anglo Irish Bank chairman Sean FitzPatrick, the court heard that investigators had used unlawful practices when preparing witness statements. FitzPatrick, aged 68, faces 27 offences under the Companies Act, including 22 counts of misleading auditors and five of furnishing false information between 2002 and 2007. Lawyers for FitzPatrick argued that statements from audit manager Vincent Bergin were altered through coaching and cross‑contamination by investigators, with changes suggested by ODCE staff such as Kevin O'Connell and Paul Appleby. The jury saw multiple versions of Bergin's draft statement, with insertions, deletions and notes like "drop" or "delete." Defending counsel Bernard Condon likened the process to a "hokey cokey," noting that judges had ruled the practice unlawful because it prevented the jury from hearing unvarnished witness testimony. The trial continues. Sean FitzPatrick pleaded not guilty.

Who, what, where, when and why

What: Report matter: Anglo investigators used "unlawful" practices when taking statements, trial hears. Charges or matters: 27 offences under the 1990 Companies Act. Procedural stage: trial

When:

November 1, 2010 Other
May 2015 Hearing Or Sentence
2002 to 2008 Other
2002 to 2007 Other
2017-01-31 Publication

Why: He said it was unlawful because it meant the jury never get to hear what the witness might have said in an unvarnished statement and not produced after they had being coached. CNI source report