Clayton trial is not glamorous, jury told
Opening the trial on day two, Colm Ó Briain, prosecuting, called it “is a grubby tale of prolonged, repeated, and pernicious fraud and gross mistrust”.
Carol Hawkins, aged 47, of Lower Rathmines Rd, Dublin 6, has pleaded not guilty at Dublin Circuit Criminal Court to 181 counts of theft from two of Mr Clayton’s Bank of Ireland accounts over a four-year period from 2004 to 2008. The alleged thefts totalled €2,862,567.
Mr Ó Briain said evidence will be given that Mr Clayton employed Ms Hawkins in 1992, initially as his housekeeper. Her husband John was employed at the same time as Mr Clayton’s driver and caretaker.
In 2004, Ms Hawkins responsibilities grew and she became Mr Clayton’s personal assistant and an authorised signatory. She was responsible for paying his household and his personal expenses.
Counsel said there will be evidence that Ms Hawkins was given a credit card and Laser card paid by direct debit from one of Mr Clayton’s accounts to allow for the payment of his legitimate expenses without prior approval.
Mr Ó Briain told the jury that evidence will be given how Ms Hawkins, her husband and two children lived at Mr Clayton’s house at Danesmoate in Rathfarnham until 2005, when refurbishment works began and they moved to rented accommodation, for which Mr Clayton paid.
The court was told that, in 2007, Ms Hawkins’ marriage broke up and Mr Clayton continued to pay her a full salary of €48,000 a year, along with a monthly rental allowance of €2,600.
The court heard that in 2008, Ms Hawkins approached Mr Clayton and admitted she had booked and paid for flights wrongly out of his accounts, to visit her children in Britain and the US.
Mr Clayton removed her as signatory of his two bank accounts but kept her on as his personal assistant.
After this initial disclosure an investigation took place and in Nov 2009, Ms Hawkins’ employment was terminated.
The court heard a fuller investigation was started by a forensic accountant hired by Mr Clayton and then by gardaí. These allegedly showed several irregularities in the two accounts.
Mr Ó Briain said that just because Mr Clayton “has done well for himself”, it was not any less of an offence to steal from him.
He said the court will hear evidence from Mr Clayton detailing the financial arrangement he made with Ms Hawkins. He said there will be further evidence from Mr Clayton’s advisors and gardaí and as well as a significant number of documents.
He said there will be evidence that Mr Clayton had no knowledge of a transaction of €310,000 withdrawn from one of his accounts and lodged into Ms Hawkins joint account which she held with her husband.
It is alleged three days later a bank draft for $425,000 (€337,000) was taken from her joint account and made payable to an attorney in New York, which Mr Clayton will say he had no knowledge of.
The trial continues before Judge Patrick McCartan and a jury of seven men and five women.



