School supervisor may retract guilty plea in fraud case

There was a dramatic development in the case of a former school supervisor who had already pleaded guilty before a jury of defrauding the Department of Education of more than €24,000.

The legal team for John Fintan Brett, due to be sentenced yesterday, indicated to Sligo Circuit Court that he may change his plea because a co-accused was acquitted by the same jury.

Judge Raymond Fullam agreed that the prosecution should have transcripts of the other case in which Edel Byron, former personal assistant to the principal of Summerhill College, Sligo, was acquitted of assisting Brett to obtain the money through an online payments system.

However, the judge said he was ruled out by regulations providing for a transcript for the defence because Brett did not go through a jury trial.

The defence later indicated it would seek a copy of the transcript from the prosecution.

Keith O’Grady, counsel for Brett, a former Sligo Rovers goalkeeper, said he sought an adjournment, as since the co-accused’s acquittal certain matters required clarification.

He said an issue had arisen in relation to the evidence of a department official: “There may be an application to vacate the plea depending on what is in the transcript.”

Dara Foynes, for the State, said the matter was also under consideration by the prosecution which was seeking a transcript of the Byron case.

Ms Byron, aged 41, of Ashbrook, Collooney, was acquitted 10 days ago on the direction of Judge Fullam who ruled there was no case to consider.

The judge said in the Byron case, Patrick O’Malley, a Department of Education payroll witness, gave evidence that work claimed by Brett was done by him at Summerhill College and the department was not at a financial loss as a result of the claim.

He told the jury in the Byron case: “The offence charged in the indictment does not capture the essence of the case made by the prosecution in evidence. The evidence is deficient in that Mr O’Malley’s evidence was the department was at no loss in respect of the online claims system.”

The hearing against Brett, aged 67, of Cleveragh Rd, Sligo, was adjourned to a date to be decided. He is accused of dishonestly inducing the department to pay him €24,122.34 between Mar 31, 2008, and Jun 2, 2009.