Defence closing address at money-laundering trial

The defence lawyer of a Cork man being tried on money-laundering charges today asked if the prosecution was suggesting that businessman Phil Flynn was a "notorious scumbag", and that by association the defendant was a money-launderer.

Ciarán O’Loughlin, senior counsel, posed this strongly-worded question at the end of the defence’s closing address to the jury at Cork Circuit Criminal Court where Ted Cunningham is on trial.

Cunningham, (aged 60), of Woodbine Lodge, Farran, Co Cork, is on trial on 10 charges of money-laundering arising out of the investigation of the robbery of £26.5m (€28.8m) from the Northern Bank in Belfast on December 20, 2004.

Mr O’Loughlin SC said there were several bizarre features to the prosecution case including the way former chairman of Bank of Scotland (Ireland), Phil Flynn was being referred to in the case.

“Phil Flynn is like an elephant in this room constantly being referred to… Detective Chief Superintendent Tony Quilter says he (Cunningham) has got a fear of Mr Flynn. Mr Flynn is a director of Chesterton Finance. Mr Cunningham is still trying to get investment into Chesterton though he is not a director as long as this case is proceeding.

“Superintendent Quilter said he had no interest in Mr Flynn… What about the burgeoning fascination Mr O’Connell (prosecution senior counsel) had for Mr Flynn asking Mr Cunningham when did you meet Mr Flynn, where did you meet him?

“Is it being said (by the prosecution) that he (Mr Flynn) is a notorious scumbag and if he is a scumbag Mr Ted Cunningham must be a money-launderer?

“He (Mr Flynn) is there like an elephant in the room and nothing of evidential value turns on it,” Mr O’Loughlin said.

The senior counsel said that that the jurors would be reflecting in years to come about the verdict they deliver in this case and that at that time in the future Cunningham might be a famous banker in Bulgaria. “You might say, yes Mr Cunningham was a bit of a scamp and he behaved in the oddest of ways,” but he said they should acquit him because there was no evidence on which they could convict him.

He said the prosecution wanted them to ignore the evidence that the accused was setting up legitimate business contacts in Bulgaria.

He said there was no proof that the money found in Cunningham’s house in Farran or money given by Cunningham to John Sheehan in Ballincollig, Dan Joe Guerin the Ballincollig car dealer or the Douglas jewellers in Tullamore, had come from the Northern Bank robbery.