Courts / Wicklow / Report
Judge agrees to recuse himself from Sean FitzPatrick trial
Summary
Circuit Court Judge Patrick McCartan has agreed to recuse himself from the trial of Sean FitzPatrick, who faces 27 alleged offences under the 1990 Companies Act. Mr FitzPatrick, 66, of Greystones, Co Wicklow, has pleaded not guilty to these charges, which include 21 counts of making misleading, false, or deceptive statements to auditors and six counts of furnishing false information between 2002 and 2007. The recusal follows a High Court application by the defence, prompted by Judge McCartan's previous presiding role in the trial of three Anglo Irish Bank officials who were jailed for one to three years. Although the Court of Appeal later quashed the convictions of two of those accused, Bernard Daly and Tiarnan O'Mahoney, the defence sought a new judge for this case. Judge McCartan initially refused to step aside but agreed to do so after being directed by the High Court to consult with Circuit Court President Mr Justice Richard Humphreys. Judge Rory McCabe has now been assigned to take the case. Judge McCabe stated he is anxious for the trial to proceed in late May. The proceedings are expected to last three months and will require a specially enlarged jury of 15 members. The matter remains at the pre-trial procedural stage with the trial yet to commence.
Who, what, where, when and why
What: Report matter: Judge agrees to recuse himself from Sean FitzPatrick trial. Charges or matters: 27 offences under the 1990 Companies Act. Procedural stage: appeal
When:
- 2002 to 2007 Other
- 2016-04-11 Publication
Case subjects
Defendant
Charges: 27 offences under the 1990 Companies Act (Alleged Or Contested)
Plea: Not guilty
Outcome: Judge McCartan previously presided over the trial of three Anglo officials who were jailed between one and three years.
Places mentioned
- Whitshed Road
- Wicklow
- High Court
- Court of Appeal
Topics
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