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Disgraced businessman Breifne O'Brien given appeal date

Breifne O’Brien
Breifne O’Brien

Former businessman Breifne O'Brien has been given a date in October to appeal his prison sentence for inducing others to advance millions of euro to him for investment in bogus property deals.

The 54-year-old, with an address at Monkstown Grove, Monkstown, Co Dublin, had pleaded guilty at Dublin Circuit Criminal Court to 14 sample counts of making a gain or causing a loss by deception of around €8.5m between 2003 and 2004.

He was sentenced to seven years imprisonment by Judge Patricia Ryan on October 8 2014.

Counsel for O'Brien, Patrick McCullough BL, successfully sought an extension of time to file an appeal on behalf of his client in May.

O'Brien had been four months outside the 28 day period provided for the normal filing of appeals. He also sought legal aid for the appeal on that occasion.

During case listing procedures in the Court of Appeal today, Mr Justice George Birmingham fixed October 15 next for the hearing of O'Brien's appeal against sentence.

Mr McCullough said the hearing is expected to take 45 minutes.

O'Brien was not present in court for the procedural matters either today or in May.

Solicitor Séamus Cassidy, Head of Appeals Section with the Office of the Director of Public Prosecutions, had told Mr Justice George Birmingham that the DPP would have no objection to legal aid being granted subject to the proper papers being filed.

He had been on legal aid in respect of two counsel – junior and senior - in the Circuit Court.

No legal aid application had been made to the Circuit Court judge for the purposes of an appeal.