The former deputy chairman of An Bord Pleanála has been spared a prison sentence, following a successful appeal against the severity of the penalties imposed on him for making false or misleading declarations of interest to the State planning appeals board.
Paul Hyde, 51, had been given two two-month prison sentences after he pleaded guilty at the District Court in June.
This morning at his appeal against the severity of the prison sentences at the Circuit Court in Cork, Judge Colin Daly sentenced Hyde to three months in jail on each count, but suspended both sentences in their entirety.
He also imposed fines totalling €6,000.
Hyde's senior counsel, Tom Creed, told Judge Daly at this morning's appeal hearing that Hyde accepted his failure to declare properties he owned in his declarations of interest to An Bord Pleanála.
But, he said Hyde had not benefitted or gained from his failure and he had suffered both reputationally and through his resignation from his salaried position as Deputy Chairman of An Bord Pleanála.
The court was told Hyde had co-operated with the investigation by Detective Sergeant Shane Curtis of the Garda National Economic Crime Bureau, he pleaded guilty at the first opportunity, and he has no previous convictions.
"I would submit that this is not an appropriate case where a prison sentence should apply," Mr Creed said.
"I would submit that Mr Hyde has suffered quite substantially as a result of his own failure to declare these properties, in terms of his own reputation, and I would ask that the court would instead impose appropriate fines rather than a prison sentence."
In his sentencing this afternoon, appeal court Judge Daly said Hyde was a professional person, an architect, appointed to An Bórd Pleanála.
He said he must have been aware of the need to be transparent and open in his dealings.
Judge Daly said the law was very clear in relation to declarations of interest for someone in Hyde's position.
He said Hyde's culpability must fall into the higher range while the harm done, even if it was only perceptional, must also be considered to be very high.
He said the headline sentence, therefore, "must be towards the upper end".
He measured this at four months in jail, with a possibility of a fine of up to €4,000.
However, Judge Daly said he did not find that there were any aggravating factors, and he accepted that Hyde had co-operated with the garda investigation, had pleaded guilty at the first opportunity and had no criminal convictions prior to this.
He said Hyde hadn't gained materially from making false or misleading declarations of interest to the State planning appeals board.
He also said he had lost his job and his salary and had suffered reputationally.
He replaced the two two-month jail sentences imposed by the district court with sentences of three months in jail on each count, with both sentences fully suspended.
He also fined Hyde a total of €6,000.
Hyde spoke only once during the sentencing hearing, to accept a bond to keep the peace for a year.
Afterwards, he left the court without commenting.
In March, Hyde was charged with nine counts of making false or misleading declarations of interest to An Bord Pleanála between 2014 and 2022.
In June, he pleaded guilty to two of the nine counts against him, relating to 2015 and 2018, when he was a member of the board and prior to him becoming its deputy chairman.
Hyde, an architect, was appointed a member of An Bord Pleanála in 2014 and in January 2019 he was appointed deputy chairman, the second most senior member of the State's planning appeals body.
He stood back from his position in May of last year amid controversy over his conduct in his role. He resigned in July of last year.
Conflict of interest investigated
Minister for Housing Darragh O'Brien appointed Senior Counsel Remy Farrell to investigate allegations of potential conflicts of interest against Hyde. At the time, he denied any wrongdoing.
Mr Farrell's report was sent to the DPP. This led to his prosecution and his plea of guilty to two of the nine counts against him.
At the district court in June, Judge James McNulty was told the 2015 offence related to a small parcel of property at Pope's Hill in Cork.
It was described in court as "a ransom strip" - a piece of land which might be of no value in itself, but which might be of significant strategic value to the owner or developer of an adjoining site.
The court was told that in 2018, Mr Hyde failed to declare a large portfolio of properties in Cork city and county and in Limerick.
The court was told that these properties were in receivership at that stage and Hyde did not believe he had an obligation to declare them but, through his guilty plea, he accepted that he did.
Level of culpability was 'very high'
Judge McNulty convicted Hyde on both counts and sentenced him to two months in jail on each count, with the sentences to run concurrently.
In a judgment running to more than 2,000 words, Judge McNulty said Hyde had been made well aware of his disclosure obligations and his level of culpability was "very high".
He said Hyde was in a position of leadership and authority at An Bord Pleanála, and had significant power and influence within the planning system.
Judge McNulty said filing an annual declaration was easy, but it was essential that it was accurate.
He said Hyde was guilty of a serious breach of trust and a custodial sentence was warranted.
He described the two-month sentences as "mid-range" and said they were appropriate and proportionate, adding: "If those in authority are lax and careless and non-compliant, what will those in the ranks do?"
Hyde gave no reaction as the two-month jail sentences were imposed, but his legal team lodged an appeal immediately after the court rose.
