Courts / Dublin / Report

Ex-Anglo official jailed for conspiring to conceal accounts from Revenue denied bail for second time

Date
2015-11-10

Stage
Appeal

Primary locality
Dublin

County
Dublin

Summary

Bernard Daly, a former Anglo Irish Bank company secretary, was refused bail for the second time by the Court of Appeal pending his appeal against conviction. Daly, 67, pleaded not guilty to furnishing false information, conspiring to defraud the Revenue Commissioners, and conspiring to delete accounts from the bank's internal system. He was found guilty by a jury and sentenced to two years' imprisonment by Judge Patrick McCartan on July 31. His counsel argued the trial was unfair, specifically criticizing the trial judge's handling of an accomplice warning regarding evidence from former compliance head Brian Gillespie. Mr Justice George Birmingham, sitting with Justices Sheehan and Mahon, stated it was not possible to establish a strong chance of success at this stage, noting the issues would demand considerable attention at the hearing. The court set aside three days for Daly's appeal on January 13. Co-accused Tiarnan O'Mahoney, the former Chief Operations Officer, will also move to appeal his conviction on that date; he had denied furnishing false information and conspiring to delete accounts and defraud the Revenue. O'Mahoney did not seek bail. Aoife Maguire, a former assistant manager, has not sought bail but was granted a priority hearing date of December 23 for her appeal against sentence. Maguire had denied conspiring to delete accounts and defraud the Revenue. The matter remains adjourned pending these hearings.

Who, what, where, when and why

What: Report matter: Ex-Anglo official jailed for conspiring to conceal accounts from Revenue denied bail for second time. Charges or matters: furnishing false information and conspiring to defraud the Revenue Commissioners as well as conspiring to delete accounts from the bank's internal system. Procedural stage: appeal. Findings: Found guilty

When:

July 31 Hearing Or Sentence
November 12 Hearing Or Sentence
January 13 Hearing Or Sentence
December 23 Hearing Or Sentence
2003 and 2004 Other
2015-11-10 Publication

Why: Mr Guerin was "severely critical" of the trial judge's approach, Mr Justice Birmingham said, because he did not warn the jury on the dangers of convicting on the uncorroborated evidence of an accomplice and did not adequately put the defence's alleged contention to the jury that Mr Gillespie was "an actual participant in the crime". Defence account reported by CNI

Case subjects

Aoife Maguire

Appellant

Outcome: Aoife Maguire (62), of Rothe Abbey, South Circular Road, Kilmainham, Dublin, has not sought bail but was given a priority hearing date of December 23 next for her appeal against sentence.

Bernard Daly

Appellant

Charges: furnishing false information and conspiring to defraud the Revenue Commissioners as well as conspiring to delete accounts from the bank's internal system (Proven)

Plea: Not guilty

Finding: Found guilty

Outcome: Found guilty; He was found guilty by a jury and sentenced to two years imprisonment by Judge Patrick McCartan on July 31 last.

Tiarnan O'Mahoney

Appellant