Courts / Dublin / Report
Jailed Anglo executives have convictions overturned on appeal
Summary
The Court of Appeal quashed the convictions of former Anglo Irish Bank executives Tiarnan O'Mahoney (56) and Bernard Daly (67) for furnishing false information to the Revenue Commissioners and conspiring to delete bank accounts. The convictions, obtained by a jury at Dublin Circuit Criminal Court, had led to O'Mahoney's three‑year sentence and Daly's two‑year sentence in July 2015. The appeal was successful on several grounds: the proceedings were not commenced within the ten‑year limitation period; the charges were reformulated after the defendants were formally charged, creating a procedural error; the defendants were charged as principals rather than officers; and a substantial number of documents were wrongly admitted as evidence. The court also held that the conspiracy charge against Daly should have been withdrawn from the jury, and that the evidence against him was thin and tenuous. O'Mahoney's appeal was based on multiple complaints about the trial, and the court will consider whether a retrial is necessary.
Who, what, where, when and why
What: Report matter: Jailed Anglo executives have convictions overturned on appeal. Procedural stage: appeal
When:
- July 31, 2015 Hearing Or Sentence
- March 2003 Hearing Or Sentence
- November 2003 Incident
- November 17, 2003 Incident
- April 14 Hearing Or Sentence
- November 2013 Other
- 2016-03-15 Publication
Why: Giving judgement, Mr Justice George Birmingham said they "should not have had to stand trial" on the charge of furnishing false information because the proceedings were not commenced within the ten year time limit. CNI source report
Case subjects
Appellant
Outcome: Having been found guilty by a jury at Dublin Circuit Criminal Court, Judge Patrick McCartan jailed O'Mahoney for three years and Daly for two years on July 31, 2015.
Appellant
Outcome: Having been found guilty by a jury at Dublin Circuit Criminal Court, Judge Patrick McCartan jailed O'Mahoney for three years and Daly for two years on July 31, 2015.
Places mentioned
- Court of Appeal
- Dublin
- Dublin Circuit Criminal Court
- High Court
- Enniskerry
- Wicklow
- Collins Avenue
- Dublin
Topics
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