Seán FitzPatrick to apply for State to pay legal costs of criminal trial

Monday 26 May 2014 15.19
Seán FitzPatrick's legal team asked for the fixing of a date for a costs application on his behalf
Seán FitzPatrick's legal team asked for the fixing of a date for a costs application on his behalf

Former chairman of Anglo Irish Bank Seán FitzPatrick is to apply for the State to pay his legal fees from his recent criminal trial.

Mr FitzPatrick was acquitted last month of giving illegal loans to 16 people to buy shares in Anglo Irish Bank. 

His fellow Anglo directors Pat Whelan and William McAteer were convicted on ten counts of providing illegal loans to the group of investors known as the Maple Ten to prop up the Anglo share price.

Lawyers for Mr FitzPatrick today asked Judge Martin Nolan to fix a date for a costs application on his behalf. Mr FitzPatrick did not attend the short hearing.

Judge Nolan put the matter back to 5 June, the last day of the current legal term, when he will hear submissions from Mr FitzPatrick and the Director of Public Prosecutions on whether the State should pay the costs of the former chairman's defence.

Mr FitzPatrick is seeking to be reimbursed for legal fees arising out of his 48-day trial and the extensive pre-trial hearings and depositions.

Mr Whelan was also at this morning's hearing and applied to have the terms of his bail conditions eased.

Mr Whelan and Mr McAteer are currently awaiting sentence for giving illegal loans to the Maple 10. 

Judge Nolan has already indicated they will receive community service instead of a jail term on condition they are deemed suitable by the Probation Service.

The two men were remanded on bail until 31 July when Judge Nolan will finalise their sentence.

Lawyers for Mr Whelan asked Judge Nolan to remove the bail condition that his client has to sign on at his local garda station at regular intervals.

Counsel also asked that Mr Whelan be allowed leave the country without garda permission once he has met with his probation officer.

Judge Nolan granted both requests after hearing that the DPP had no objection.

During a further application, counsel for Mr FitzPatrick and Mr Whelan asked the court to release trial documents so they could be used in a separate civil action they are taking in the High Court.

Aileen Donnelly SC, acting for the men in the High Court, said they are taking the action against law firm, Matheson, previously known as Matheson Ormbsby Prentice.  

The firm gave legal advice to Anglo Irish Bank.

Judge Nolan granted Ms Donnelly’s request that the court release the Book of Evidence, transcripts and depositions from the criminal trial so that they can be used in the civil action.