Judge: Prejudice in solicitor’s deception trial

A jury was directed to find a solicitor not guilty of a charge of deceiving a client of €7,500.

At Limerick Circuit Court, Judge Pauline Codd accepted a defence submission that Denis McMahon suffered grave prejudice in the course of the trial as gardaí failed to take a statement from a key witness.

Mr McMahon, aged 58, of Pembroke Rd, Dublin, pleaded not guilty to a charge that when a partner in the Limerick legal firm of McMahon O’Brien Downes, he induced a client, Margaret Duggan, of Ballina, Co Tipperary, by deception to hand over a bank draft of €7,500.

The court heard that the late Seamus McKenna, SC, acted for Ms Duggan at Limerick courthouse in Oct 2002 when her claim for damages arising from a work accident was settled.

Ms Duggan claimed in evidence she never met Mr McKenna and the only person she dealt with was Mr McMahon. She said Mr McMahon told her they had settled her case for €57,500. She claimed he handed her a cheque for €65,000 and asked her to return him €7,500 by bank draft, which she did. She assumed the draft was for his fees. She said she later learned the settlement was for €65,000 and made complaints to the Law Society and the gardaí.

The accused, in a statement to gardaí, said Mr McKenna had told her the settlement was for €65,000.

The solicitor for the insurers gave evidence of lengthy negotiations with Mr McKenna which led to the settlement.

Brendan Grahen SC, for Mr McMahon, said Mr McKenna, since deceased, had never been interviewed by gardaí.

The State conceded Mr McKenna acted for Ms Duggan and this was verified by the solicitor for the insurers who gave details of his negotiations with Mr McKenna.

Judge Codd said Mr McMahon in his initial statement to gardaí on Apr 2, 2006, identified Mr McKenna as the person who negotiated the settlement.

She said there was an inherent contradiction in the State case in that it was conceded Mr McKenna was involved and it was highly improbable he did not meet with Ms Duggan during the negotiations which led to the settlement.