Courts / Clare / Report

Davy Fitz claims he is victim of fraud by formerly jailed banker

Date
2022-10-25

Stage
Appeal

Primary locality
Sixmilebridge

County
Clare

Summary

In a High Court appeal-stage matter, Davy Fitzgerald, represented by Ronnie Hudson BL and solicitor Max Mooney, contested proceedings brought by Pepper Finance and receiver James Anderson against him and his sister Helen Fitzgerald. The plaintiffs sought possession of a property in Sixmilebridge, Co Clare, where Helen resides. Fitzgerald claimed he was a victim of fraud by former ACC Bank official Kevin Jarlath Mitchell, who was jailed in April 2013 after pleading guilty to theft, obtaining cash and a cheque under false pretences, and falsifying a DIRT compliance certificate between January 1993 and February 2012. Mitchell's four-year sentence was later halved on appeal. Fitzgerald alleged Mitchell falsely added his name to Portuguese mortgage documents and that €45,000 in deposits is unaccounted for. He argued that Pepper Finance, described as a vulture fund, was preventing him from redeeming a €200,000 mortgage by demanding an unjustified €25,000 interest surcharge. Deputy Master John Glennon initially struck out the case due to the plaintiffs' non-appearance. However, after the plaintiffs requested reinstatement, citing a brief delay, and Fitzgerald's counsel opposed, Glennon stated he lacked the power to reverse the decision without party consent. He noted the matter would likely be reinstated on appeal or re-issued, effectively leaving the case unresolved and subject to further procedural steps.

Who, what, where, when and why

What: Report matter: Davy Fitz claims he is victim of fraud by formerly jailed banker. Charges or matters: charges of theft, obtaining cash and a cheque under false pretences and falsifying a DIRT compliance certificate on dates between January 1993 and February 2012. Procedural stage: appeal

When:

April 2013 Hearing Or Sentence
January 1993 Hearing Or Sentence
February 2012 Hearing Or Sentence
2022-10-25 Publication

Case subjects

Davy Fitz

Respondent

Charges: charges of theft, obtaining cash and a cheque under false pretences and falsifying a DIRT compliance certificate on dates between January 1993 and February 2012 (Alleged Or Contested)

Outcome: Photo: Collins) GAA star Davy Fitzgerald has claimed that he is the victim of a fraud carried out by a formerly jailed banker that has resulted in proceedings being brought against him before a Portuguese court.

Helen Fitzgerald

Applicant

Kevin Jarlath Mitchell

Appellant

Charges: charges of theft, obtaining cash and a cheque under false pretences and falsifying a DIRT compliance certificate on dates between January 1993 and February 2012 (Admitted)

Plea: Guilty

Outcome: Kevin Jarlath Mitchell (68) was jailed in April 2013 after he admitted stealing over €450,000 from customers to pay off debts from unsuccessful investments in the property market. In a sworn statement, the former goalkeeper said that Mitchell been jailed for falsifying documents.

Max Mooney

Applicant

Pepper Finance

Applicant