Courts / Wicklow / Report

Ex-Anglo exec's insurers are refused trial costs

Date
2018-12-07
Stage
Appeal
Primary locality
Enniskerry
County
Wicklow

Summary

In a 2018 decision, Judge Martin Nolan refused insurers' request for costs of two trials involving former Anglo Irish Bank senior executive Tiarnan O'Mahoney, aged 59, who had been acquitted of conspiracy to falsify records and defraud the Revenue Commissioners. The 2017 trial, a retrial after a 2014 conviction was quashed, had seen O'Mahoney plead not guilty to offences alleged between 25 March 2003 and 31 December 2004, linked to eight bank accounts associated with former CEO Sean FitzPatrick. Brendan Grehan SC argued that the insurer's policy covered O'Mahoney's legal costs, while Dominic McGinn SC contended that the Court of Appeal had only awarded costs for the appeal, not the original trial. Judge Nolan acknowledged insurers could recover costs if they pursued that route but ultimately made no order for the insurers' application, noting no financial distress or extraordinary circumstances. He also declined to grant the DPP's application for costs.

Who, what, where, when and why

What: Report matter: Ex-Anglo exec's insurers are refused trial costs. Charges or matters: the charges, which were alleged to have occurred between March 25, 2003 and December 31, 2004 and referred to eight named bank accounts. Procedural stage: appeal. Findings: Acquitted

When:

Case subjects

Tiarnan O'Mahoney

Defendant

Charges: the charges, which were alleged to have occurred between March 25, 2003 and December 31, 2004 and referred to eight named bank accounts (Alleged Or Contested)

Plea: Not guilty

Finding: Acquitted

Outcome: Acquitted

Places mentioned

Court Venue
  • Dublin
  • Dublin Circuit Criminal Court
  • Court of Appeal

Topics

Stage Appeal

Related court reports

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