Courts / Wicklow / Report

Jailed Anglo executives did not receive a fair trial, appeal court told

Date
2016-01-11
Stage
Appeal
Primary locality
Enniskerry
County
Wicklow

Summary

Two former Anglo Irish Bank executives, Tiarnan O'Mahoney and Bernard Daly, are appealing convictions for conspiring to conceal or alter bank accounts sought by Revenue. O'Mahoney, aged 56, received a three‑year sentence; Daly received two years. The Court of Appeal was told that the trial judge's rulings were erroneous and that evidence presented was flawed, including cross‑examination of witness Brian Gillespie, an email from Ms. Aoife Maguire, evidence from James Shaw, and unedited interviews of Mr. Daly. The defence argued that these pieces of evidence unfairly altered the case from circumstantial to direct, prejudicing the accused. The appeal also highlighted that the investigation was outsourced to an internal fraud investigator and that the statutory time limit for charging the offences had not been met. The case remains before the Court of Appeal.

Who, what, where, when and why

What: Report matter: Jailed Anglo executives did not receive a fair trial, appeal court told. Charges or matters: conspiring to conceal or alter bank accounts; furnishing incorrect information to the Revenue Commissioners; conspiracy. Procedural stage: appeal. Findings: Convicted

When:

Case subjects

Aoife Maguire

Co Accused

Charges: conspiracy (Alleged Or Contested)

Outcome: Last December, the Court of Appeal quashed an 18-month sentence imposed on the two men's co-accused, former Anglo assistant manager, Aoife Maguire, for her role in the conspiracy.

Bernard Daly

Appellant

Charges: conspiring to conceal or alter bank accounts (Alleged Or Contested)

Outcome: Daly was sentenced to two years.

Tiarnan O'Mahoney

Appellant

Charges: conspiring to conceal or alter bank accounts; furnishing incorrect information to the Revenue Commissioners (Proven)

Finding: Convicted

Outcome: Convicted; O'Mahoney, who was second in command at the bank, received a three year sentence.

Places mentioned

Court Venue
  • Court of Appeal

Topics

Fraud Stage Appeal

Related court reports

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