A former Fine Gael Councillor, who told a court today 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 Jnr (45) 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 today, counsel for Mr Forsey, Remy Farrell SC, sought an extension of time to allow Mr Forsey 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 Mr Forsey was a Dungarvan Town Councillor at the time.
A second ground of appeal related to whether the prosecution and the trial judge misdirected jurors in light of changes in the law.
Counsel for the DPP, Denis Vaughan-Buckley SC, said the court must have regard to the fact that no point was made in relation to these two grounds in the trial and they were now being raised two and a half years later.
Mr Forsey agreed with counsel that he was “highly regarded” by prison authorities and was due for release next February with remission otherwise next June.
He said he was presently out of jail on temporary release for about two weeks and was engaged in community service.
The court extended the time for a period of seven days from when the order was made.