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Lives of defendants 'destroyed', NAMA trial told

Frank Cushnahan (L) and Ian Coulter are on trial at Belfast Crown Court
Frank Cushnahan (L) and Ian Coulter are on trial at Belfast Crown Court

One of Northern Ireland's most prominent property developers has told a jury that the lives of two men on trial for fraud have been "destroyed, both professionally and personally".

Andrew Creighton was called to give evidence during a trial at Belfast Crown Court.

Ian Coulter, who is 54 and a former managing partner of Tughans solicitors, from Templepatrick Road, Ballyclare in Co Antrim, has been charged with five offences between 3 April and 1 December 2014.

His 83-year old co-accused, former corporate financier Frank Cushnahan, from Alexandra Gate, Holywood in Co Down, is accused of two counts spanning over a period from 1 April to 7 November 2013.

Both men deny the charges. It is the prosecution's case that they were involved in brokering a deal to purchase the Northern Ireland loan book held by the National Asset Management Agency (NAMA) and were set to benefit from a multi-million pound success fee.

Mr Creighton told the jury that he trusted both Mr Cushnahan and Mr Coulter and outlined how, in his opinion, their lives have been destroyed over the past 11 years and how it has been "devastating for them ... and for what?"

Before this, the witness was questioned about his dealings with both men by prosecution barrister Jonathan Kinnear.

After confirming he was a company director in a number of property development firms, Mr Creighton was asked how he knew Mr Cushnahan.

He said they first met around 2007 and that he was "keen to get to know him because he was a mover and shaker and a dealmaker about the town".

Mr Creighton confirmed that he and Mr Cushnahan had many business dealings over the next few years.

Moving onto 2014, Mr Kinnear asked Mr Creighton about a business meeting he had with Mr Cushnahan in Tughan's library in Belfast.

The witness said that he got a call from someone who had been speaking to Mr Cushnahan who told him to contact Mr Cushnahan as he was "working on a project which could possibly see the NAMA loan book sold".

Mr Creighton said he called Mr Cushnahan who invited him for a meeting which took place at the start of February.

Asked about the topic of conversation, Mr Creighton said that Mr Cushanhan told him he was working on a deal to get the loan book refinanced or sold and "he asked me could I help with details of my portfolio".

The NAMA logo on a piece of glass

Mr Creighton revealed the information being sought - including the value of assets and the group's rental income - was "readily available" and he was handing it to others as he was seeking to refinance the loans himself.

The witness said that he asked Mr Cushnahan who he was acting for and the accused "wouldn't disclose" this which did not surprise him as he "would have been quite private in his dealings".

Mr Creighton said that, after this meeting, he provided Mr Cushnahan with "portfolio of documents" and that over a five or six week period he received "more and more questions asked" by "the third party" via the accused.

He said that providing these requests for information took time and manpower and that "at one point" after providing more information he asked Mr Cushnahan: "Am I going to get paid for doing this work?" to make a point as he did not want to continue running back and forth with paperwork and to stop the endless enquiries.

When asked what Mr Cushnahan's response to this was, Mr Creighton said the accused told him "if there was a successful bid he would see if he could get me paid from the successful bidder".

Mr Kinnear then questioned Mr Creighton about a second meeting with Mr Cushnahan later in 2014.

He said that, during this meeting, "Ian Coulter came into the room, just like grabbing a chance to say that no fees could be paid".

Mr Creighton said that he assumed this was in relation to his comment about being paid but that it was "no big deal" whether or not he got paid for "providing paperwork".

He also confirmed that, in December 2014, he was handed an envelope from Mr Cushnahan and was told that it contained a letter "along the lines I wouldn't be making any claim against Tughans for any payment which I understand relates back to am I going to get paid for this?"

"After what Ian Coulter had said, as far as I was concerned, the matter was closed so I tore it up."

Mr Kinnear then asked the witness a series of questions, including whether he expected to receive a fee from the investment funds interested in purchasing the Northern Ireland loan book, or if he had any knowledge of or made any suggestions about a £6m fee.

Mr Creighton answered "no" to these questions.

He was also cross-examined by defence barristers representing both men on trial.

When asked by Mr Cushnahan's barrister, Frank O'Donoghue, if his client was "somebody that you trusted", Mr Creighton replied: "Yes, I still do".

Mr Coulter's barrister, Paddy Taggart, asked the witness about his client and Mr Creighton said: "I'm still working with Ian Coulter as we speak".

Asked if he considered Mr Coulter a "man of integrity" and "an honest man", Mr Creighton said that he did.

Referring to the two men in the dock, Mr Creighton told the jury of nine men and three women: "These two men - over the past 11 years - their lives have been destroyed, both professionally and personally".

He said that Mr Cushnahan's "proud wife" passed away in 2019 and she "never recovered from the headlines about this whole thing" while Mr Coulter is "no longer a lawyer" and "his proud parents passed away in the middle of all of this".

"It's been devastating for them and for what?"