herald

Wednesday 23 August 2017

Quinn family 'can have tape transcripts'

Sean Quinn
Sean Quinn

a judge has ordered that the family of businessman Sean Quinn can receive transcripts of the criminal trial of three former Anglo Irish Bank executives after lawyers for the bankers withdrew their objections.

Lawyers for Pat Whelan (52) previously described a request by the Quinn family for the transcript as a "fishing expedition".

Whelan (52) and William McAteer (63) were convicted last April of breaching the Companies Act by illegally lending money to the Maple Ten group of investors so they could buy shares in Anglo.

This was for the purpose of stabilising the bank's plummeting share price.

Whelan, of Malahide, Dublin, and McAteer, of Greenrath, Tipperary town, Co Tipperary, denied all charges against them.

Their co-accused, former Anglo chairman Sean FitzPatrick (65), of Whitshead Road, Greystones, Co Wicklow, was found not guilty on all 16 counts.

scheme

Last April 17, a jury at Dublin Circuit Criminal Court found Whelan and McAteer guilty on 10 charges each of breaching Section 60 of the Companies Act 1963 by lending money to the investors as part of a share support scheme.

They were sentenced to 240 hours of community service.

The jury acquitted them on six further charges each of lending money for the same purpose to members of former billionaire businessman Sean Quinn's family. The trial heard that a total of €450m was illegally loaned to the Maple Ten while €160m was loaned to Mr Quinn's wife and five children.

Yesterday, Michael Staines, solicitor for Whelan and Mc- Ateer, said his clients were agreeing to the releasing of the transcripts on the undertaking that they will be used only for the furtherance of civil proceedings by members of the Quinn family.

Judge Martin Nolan granted the transcripts on receipt of payment of the cost of issuing them.

condition

Paul Brady BL, counsel for the six former non-executive directors of the bank who are co-defendants in the Quinn civil case against the Central Bank, asked that the court make it another condition of the release of the transcripts that copies be made available to these co-defendants.

Eoin O'Shea BL, for the Quinns, said that his clients had no issue making such copies available.

During an application to the court earlier this month, Charlotte Simpson BL, for the Quinns, said witnesses who were in the criminal proceedings were also witnesses in the commercial court proceedings.

"There's going to be a massive overlap in the type of evidence called," she said.

The first civil action is due to begin in April and is set to take six to nine months.

Ms Simpson said furnishing the Quinns with the transcript was in the interests of justice because it would allow all sides in the civil actions to "agree substantial amounts of evidence" and thus save time and costs.

hnews@herald.ie

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