Lynn Margiotta false-instrument trial collapses

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

The trial of Lynn Margiotta and her brother, Dr Tony Margiotta, collapsed at Dublin Circuit Criminal Court after Judge Patricia Ryan ruled key evidence inadmissible. The proceedings were reported on 26 March 2019.

Lynn Margiotta faced 18 counts of using a false instrument at Mountjoy Street and Store Street garda stations between 22 January and 31 July 2014. Her brother faced 18 related counts of making false instruments. Both denied the allegations.

The prosecution alleged that the medical certificates falsely purported to be from Dr Teresa O’Brien and Dr Barry Brown. The certificates were filled out by Dr Tony Margiotta and stamped in the other doctors’ names. An expert report received by gardaí stated that it was not unusual for locums to use another doctor’s stamp on sick certificates and that the practice was unregulated.

Investigating officer Garda Superintendent Desmond McTiernan told the court he believed Lynn Margiotta when she said she was sick. He said he was investigating whether the certificates were used to obtain sick leave by deception and that whether she was sick was irrelevant.

Judge Ryan ruled that the seizure of the certificates was improper, breached Lynn Margiotta’s privacy and made the records inadmissible. She also ruled the interview contents inadmissible because Margiotta had been denied access to a solicitor.

Prosecuting counsel Eilis Brennan told the court that, following the rulings, the DPP was entering a nolle prosequi on all charges against both defendants. Judge Ryan discharged the jury on 26 March 2019. Defence counsel Cathal McGreal said his client faced disciplinary proceedings and that there might be further proceedings.