Third solicitor lined up to face Garda fraud probe
A hearing of the tribunal, which operates under the aegis of the High Court, was told that Niall Colfer had stolen more than €700,000 from one client alone.
The tribunal recommended that Colfer should be struck off from practising as a solicitor “without delay” after it found him guilty of professional misconduct. It further noted that he was unfit to practise as a lawyer.
A property development company, Ancon Design and Development, run by businessmen Michael McCabe and David Miller, had complained that Colfer — who ran a practice in the Donaghmede Shopping Centre — withheld €700,000 owed to them from the sale of 60 apartments.
The tribunal also heard claims that Colfer had deducted €73,000 from a dead man’s estate without permission from his relatives, while also failing to pass on a €6,000 charity donation stipulated in the will of another deceased client.
Another complaint related to allegations that Colfer had misused a further €56,700 given to him to pass on as stamp duty.
Chairman of the tribunal Ernest Cantillon advised Colfer’s victims to report their cases to the gardaí.
The tribunal made a ruling to take the most severe sanction against the solicitor — being struck off — despite his pleas that he had not personally gained from any of the transactions and to take into account his “mental incapacity”.
In 2004, Colfer gave an undertaking to the High Court that he would not practise as a solicitor on foot of an application by the Law Society of Ireland following complaints from a number of his former clients.
Gardaí have already become involved in two other high-profile cases of alleged financial irregularities relating to property transactions by lawyers.
Michael Lynn, who went missing last December, owes about €80m to various financial institutions arising out of taking out multiple bank loans on the same properties.
An investigation is also under way into the dealings of Malcolm Byrne, who is alleged to owe about €40m in mortgage debts.
