Four men linked to the transactions at the heart of the case being taken against former Anglo Irish Bank chief executive Seán Fitzpatrick and two others, were identified at a hearing in the Circuit Criminal Court today.
Anglo's former chief financial officer Matt Moran and Fiachre O'Neill, group head of compliance, as well as Robert Heron of Matheson solicitors and Con Horan of the former Financial Services Authority are to make depositions in the District Court.
Brendan Grehan, SC for defendant Patrick Whelan said that the four men were persons involved in the intricate matters giving rise to the transactions at the core of the case.
Mr Fitzpatrick, Mr Whelan and Willie McAteer are facing charges under the Companies Act relating to a company providing financial assistance for the purchase of its own shares.
Mr Gregan said Mr Whelan is unlikely to be contesting the factual matters concerning the transactions themselves.
He said the trial will concern who knew and authorised what and when, and what expert or legal advice was provided.
That will be the core issue for his client.
The people being deposed were intimately involved in the transactions and in giving legal advice and in representing the Financial Services Authority which is also involved.
Only one of the four men was in the book of evidence, Mr Grehan said. He had only recently learned that this person was being provided with immunity from prosecution.
Judge Martin Nolan said he would contact the District Court and ask for it to arrange for the taking of the depositions.
Mr Grehan said he also had concerns to do with the disclosure of documents by third parties by way of the Director of Public Prosecutions.
He said he had concerns about legal professional privilege being claimed and said that in the instance of the Irish Bank Resolution Corporation (now in liquidation) this decision went all the way to the Minister of Finance Michael Noonan.
Michael Higgins SC, for Seán Fitzpatrick, and Patrick Gageby, for Mr McAteer, said they wished to adopt the arguments made by Mr Grehan.
Paul O’ Higgins SC for the DPP said had had no objection to the depositions.
Judge Nolan put the case back for mention for next week. The trial against the three accused is expected to take place next year.
