Scott free...

everlast75

"THE COURT OF Appeal has quashed the convictions of two former Anglo Irish Bank officials jailed for furnishing false information to the Revenue Commissioners and conspiring to delete bank accounts.

Tiarnan O’Mahoney (56) of Glen Pines, Enniskerry, Co Wicklow and Bernard Daly (67), of Collins Avenue, Whitehall, Dublin had denied knowingly furnishing false information and conspiring to defraud the Revenue as well as conspiring to have accounts deleted from the bank’s internal system.

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 31 July, 2015.

The pair successfully appealed their convictions today, with the Court of Appeal holding that the proceedings for which they stood trial were not commenced within the ten year limit.

They also successfully contended that a substantial number of documents were wrongly admitted in evidence.

Furthermore, the Court held that the conspiracy counts as alleged against Mr Daly ought to have been withdrawn from the jury".

*source http://www.thejournal.ie/court-of-appeal-3-2660257-Mar2016/




I vary from being enraged by it to a kind of exhaustion about this whole sorry saga. No one, to the best of my knowledge has ever suffered as a result of their involvement in this.... apart from just us paddies is all.

Do you think any justice will ever come of this?

Where you on the spectrum from p*ssed off to apathy?

MilesMorales1

I can't bring myself to care anymore. Justice sure isn't blind.

BoJack Horseman

"10 year time limit"?
There is a statute of limitations here?

I wouldn't be too pissed over it.... it seems their conviction was overturned on technicality, not on the merit of the case.

Dublinensis

The article on the Irish Times site (irishtimes.com/news/crime-and-law/courts/high-court/court-quashes-convictions-of-former-anglo-officials-1.2573760) is, as I write, exactly the same as the one on thejournal.ie linked to by the OP.

I didn't know there was any connection between the two organisations. Or is one of them surreptitiously peering over the other's shoulder?

TallGlass

Fúck it, lost my faith in our justice system a long time ago. You'd see inside Mount Joy quick for not having a TV licence or missing a payment to your milkman than you would for anything corporate or white collar involving billions of euro.

I'd have preferred if David Drumm stayed in the US, at leased they have the balls and hand down a good stretch to him and these shower of wánkers.

Imagine, the US had him locked up yet he has been essentially on the run from Ireland for years at this stage and what do we do with him? Let him out again. Class act.

Stheno

Now the next question is whether or not there is a statute of limitations for Drumm et al

everlast75

BoJack Horseman wrote: »

"10 year time limit"?
There is a statute of limitations here?

I wouldn't be too pissed over it.... it seems their conviction was overturned on technicality, not on the merit of the case.

Some would say the delay in bringing the prosecution was deliberate.. if so, I would be mightly pissed.

Dublinensis wrote: »

The article on the Irish Times site (irishtimes.com/news/crime-and-law/courts/high-court/court-quashes-convictions-of-former-anglo-officials-1.2573760) is, as I write, exactly the same as the one on thejournal.ie linked to by the OP.

I didn't know there was any connection between the two organisations. Or is one of them surreptitiously peering over the other's shoulder?

All news is syndicated now, which is a whole other thread...

Nodin

......the whole thing has a certain inevitability to it....
http://www.irishtimes.com/polopoly_fs/1.2571324.1457814472!/image/image.jpg_gen/derivatives/fullsize/image.jpg

This is just wrong, how can expect young people to have any faith in this type of system. Socrates was right, the rules are made by the people in power for their benefit.

smurgen

[Deleted User] wrote: »

This is just wrong, how can expect young people to have any faith in this type of system. Socrates was right, the rules are made by the people in power for their benefit.

The signal it sends to me is cheat the system and cheat big where possible.

Keyzer

TallGlass wrote: »

I'd have preferred if David Drumm stayed in the US, at leased they have the balls and hand down a good stretch to him and these shower of wánkers.

Imagine, the US had him locked up yet he has been essentially on the run from Ireland for years at this stage and what do we do with him? Let him out again. Class act.

Couldn't have said it any better myself.

All common sense seems to go out the window in this country the higher you go up in the political and judicial echelons.

The Gardai told the Judge in Drumm's court proceedings upon arrival back in Dublin that they consider him a flight risk. They believe he has the “capacity to marshal significant sums of money” despite having €8.5 million of debts. The also mentioned the seriousness of his allegations.

He is arrested in the US (where, I believe, he is accused of no crimes) and placed in maximum security prison and refused bail. He is then extradited to Ireland and 48 hours later is granted bail. He provided €50K of the bond himself even though he is "bankrupt".

How, by the beard of Zeus, does this make sense????

If someone can tell me how this makes sense then I'll take my hat off to them...

Nodin

smurgen wrote: »

The signal it sends to me is cheat the system and cheat big where possible.

O there's rules. Use only contacts and influence within the existing structures, as opposed to contacts and influence and/or guns and violence outside it. Once you do that, everything is open, because the odds of being caught are quite low, the odds of being charged or charged with anything carrying a stiff penalty quite low and the odds of that charge leading to a conviction yet lower still. Thus breaking into a bank has consequences, running it outside the law or as a fiefdom known.

Nodin

Keyzer wrote: »

How, by the beard of Zeus, does this make sense????

If someone can tell me how this makes sense then I'll take my hat off to them...

By Crom I tell you it makes none.

NotYourYear20

TallGlass wrote: »

I'd have preferred if David Drumm stayed in the US, at leased they have the balls and hand down a good stretch to him and these shower of wánkers.

He came home knowing that his oul buds would look after him. The Yanks wouldn't let him out and the country where he committed his alleged crimes,don't want to keep him in.

TallGlass

TallGlass wrote: »

Imagine, the US had him locked up yet he has been essentially on the run from Ireland for years at this stage and what do we do with him? Let him out again. Class act.

Keyzer wrote: »

He is arrested in the US (where, I believe, he is accused of no crimes) and placed in maximum security prison and refused bail. He is then extradited to Ireland and 48 hours later is granted bail. He provided €50K of the bond himself even though he is "bankrupt".

How, by the beard of Zeus, does this make sense????

It's actually pretty standard in extradition proceedings, the country where one flees to will very often keep the person on remand.

Keyzer

Deleted User wrote: »

It's actually pretty standard in extradition proceedings, the country where one flees to will very often keep the person on remand.

Is it common for the country one returns to in order to answer accusations allow one out on bail within 48 hours in spite of the local police force advising against doing so?

Magico Gonzalez

The Irish legal system is desperately overdue serious reform. It's an expensive farce as it stands.

Ruu

I'm sure he has plenty of friends in high places that owe him a favour or two. Blowing kisses to the gallery, he knows well that he is being let off.

Keyzer

Keyzer wrote: »

Is it common for the country one returns to in order to answer accusations allow one out on bail within 48 hours in spite of the local police force advising against doing so?

Very common that bail is granted against Garda opposition. We do not live in a police state, and the grounds for refusing bail are very limited. If there was no fear of witness intimidation and if they are satisfied that he was not a flight risk (again!) I think it would be unprecedented for someone to be held on remand for financial crime.

smurgen

[Deleted User] wrote: »

Very common that bail is granted against Garda opposition. We do not live in a police state, and the grounds for refusing bail are very limited. If there was no fear of witness intimidation and if they are satisfied that he was not a flight risk (again!) I think it would be unprecedented for someone to be held on remand for financial crime.

Is it unprecedented for someone to be extradited from the U.S for financial crime?

Riskymove

everlast75 wrote: »

I vary from being enraged by it to a kind of exhaustion about this whole sorry saga. No one, to the best of my knowledge has ever suffered as a result of their involvement in this.... apart from just us paddies is all.

Do you think any justice will ever come of this?

Where you on the spectrum from p*ssed off to apathy?

their involvement in "this"

what do you refer to?

It is worth nothing that the charges in this case had little to do with the larger, bigger picture of Anglo and the bail out etc.

it was about an alleged fraud of Revenue in 2003

smurgen

smurgen wrote: »

Is it unprecedented for someone to be extradited from the U.S for financial crime?

I doubt it very much. I'd imagine the USA processes big numbers of extradition requests every year for all types of crime.

smurgen

[Deleted User] wrote: »

I doubt it very much. I'd imagine the USA processes big numbers of extradition requests every year for all types of crime.

I'm talking from Ireland's perspective.how many people has ireland requested extradition for?particularly for financial crime?

diomed

Magico Gonzalez wrote: »

The Irish legal system is desperately overdue serious reform. It's an expensive farce as it stands.

I think the Troika told us to reform the legal profession. We made a note of that.

Zaph

Riskymove wrote: »

their involvement in "this"

what do you refer to?

It is worth nothing that the charges in this case had little to do with the larger, bigger picture of Anglo and the bail out etc.

it was about an alleged fraud of Revenue in 2003

And it's also worth noting that while they were found guilty and served time in prison for what they did, like every other person in this country they still had a right to a fair trial. If some of the evidence presented was inadmissible and the statute of limitations had passed on some charges, then their rights were breached. So they merely got off on a technicality, even if everyone knows they were guilty. Is this any different to the countless others that everyone knows are guilty but who get off on technicalities such as mislaid or incorrect warrants, Gardaí not appearing in court, etc. every year?

bear1

Don't you just love the way the system works here? I'll bet he won't see the inside of a prison cell for more than 6 months and that's pushing it.
Sure you have people on the street with 50 convictions before they move onto the utterly serious crap so imagine what a banker is going to get.

smurgen

smurgen wrote: »

I'm talking from Ireland's perspective.how many people has ireland requested extradition for?particularly for financial crime?

I suspect very few, the whole area of prosecuting white collar crime is pretty new in this country, not a vast bulk of jurisprudence to rely on.

Nodin

Zaph wrote: »

And it's also worth noting that while they were found guilty and served time in prison for what they did, like every other person in this country they still had a right to a fair trial. If some of the evidence presented was inadmissible and the statute of limitations had passed on some charges, then their rights were breached. So they merely got off on a technicality, even if everyone knows they were guilty. Is this any different to the countless others that everyone knows are guilty but who get off on technicalities such as mislaid or incorrect warrants, Gardaí not appearing in court, etc. every year?

As pointed out by others, in regards to "white collar crime" and corruption specifically we have an absolutely abysmal record as regards prosecution.