I’ve seen stabbings in prison, says former FG councillor

A former Fine Gael councillor, who told a court that he saw stabbings in Mountjoy Prison and "wanted out", has been granted an extension of time to appeal his conviction for receiving corrupt payments.

Fred Forsey Jr, aged 45, and formerly of Abbeyside, Dungarvan, Co Waterford, was found guilty of taking monies totalling €80,000 in Waterford Circuit Criminal Court two years ago and sentenced to six years in prison, with the final two suspended.

In the Court of Criminal Appeal yesterday, counsel for Forsey, Remy Farrell, sought an extension of time to allow his client appeal his sentence and conviction. A defendant has 21 days from the date of their sentence to file a notice of their intent to appeal.

Mr Farrell said the prosecution’s case against his client was fundamentally flawed because the decision to grant planning permission, which was what the original case was all about, was solely in the gift of Waterford County Council but that Forsey was a Dungarvan town councillor at the time.

A second ground of appeal related to whether the prosecution and trial judge misdirected jurors in light of changes in the law.

Denis Vaughan-Buckley, for the DPP, said the court must have regard to the fact no point was made in relation to these two grounds in the trial whatsoever and they were now being raised two-and-a-half years later.

Under cross-examination from Mr Vaughan-Buckley, Forsey said he had spent six months in Mountjoy Prison, 18 months in the training unit section of Mountjoy, and about six months in Shelton Abbey.

Asked whether the two latter facilities were rather more comfortable prisons, Forsey said it was “still prison”.

He agreed with counsel that he was “highly regarded” by prison authorities and was due for release next February if successful with remission for a third time; otherwise he was due for release next June.

He said he was presently out of jail on temporary release for about two weeks and was engaged in community service.

Forsey said: “I’ve seen things I would never even speak about. I wanted to prove my innocence, I wanted out of Mountjoy.”

He later told the court: “I seen a lot of fights, a lot of stabbings. I was terrified.”

Ms Justice Elizabeth Dunne said the absence of an earlier intention to appeal should not prevent the court from acting. She extended the time for a period of seven days from when the order was made.