No bail for Anglo crook
An ex-Anglo Irish Bank official jailed for conspiring to conceal bank accounts from the Revenue Commissioners has been refused bail pending the outcome of his appeal in January.
Bernard Daly (67), of Collins Avenue West, Whitehall, Dublin, had pleaded not guilty at Dublin Circuit Criminal Court to furnishing false information and conspiring to defraud the Revenue Commissioners as well as conspring to delete accounts from the bank's internal system.
He was found guilty by a jury and sentenced to two years imprisonment by Judge Patrick McCartan on July 31 last.
Lawyer's for Daly, who was the bank's former company secretary, told the Court of Appeal today that his trial was unfair from beginning to end.
Of the seven grounds advanced by Daly's lawyers, Mr Justice George Birmingham said the argument which “came closest” to meeting the threshold required for bail was in relation to an accomplice warning.
Such a warning was given to the jury, Mr Justice Birmingham said, in respect of a conversation Daly was said to have had with the bank's head of compliance - a Mr Gillespie.
During the trial, Mr Gillespie described a conversation in which Daly asked if he could delete a name from the list to be provided to the authorities and Mr Gillespie said 'no'.
The trial jduge warned the jury of the need for caution in relation to Mr Gillespies evidence – he referred to a need for caution - but that was not enough according to Daly's lawyers, Mr Justice Birmingham said.
Mr Guerin said the warning was meaningless and the trial judge never told the jury of the dangers of convicting on evidence given by an accomplice.
The prosecution said there was no evidence at all that Mr Gillespie was an accomplice and that all the evidence went the other way.
Mr Justice George Birmingham, who sat with Mr Justice Garrett Sheehan and Mr Justice Alan Mahon, said the threshold required for admitting Daly to bail had not been met.
However, the substance or otherwise of the point could only be determined by careful consideration of the transcript – which was not yet available – and the three judge court did not rule out a fresh bail application when the transcipt of the trial becomes available.
Mr Justice Birmingham said the court was also prepared to facilitate an early date for hearing, as has been the recently established court's practice in all bail applications, and this was fixed for January 11 next.