Former Anglo Irish Bank chairman and chief executive Seán FitzPatrick has been sent forward for trial after being served with a book of evidence in court yesterday.
Mr FitzPatrick (64), Whitshed Road, Greystones, Co Wicklow, was charged in December with 12 offences that allegedly occurred between 2002 and 2007, under section 197 of the Companies Act 1990.
Several cardboard boxes containing evidence relating to his case were carried into Dublin District Court 2 at the Criminal Courts of Justice complex on Parkgate Street, ahead of yesterday morning’s hearing.
State solicitor Jane Farrell told Judge Patricia McNamara that the DPP has consented to Mr FitzPatrick being returned for trial to the present sitting of the Dublin Circuit Criminal Court.
Disclose an arrangement
Det Insp Raymond Kavanagh of the Garda Bureau of Fraud Investigation told the judge that there were 12 volumes in the book of evidence in the case against Mr FitzPatrick.
Handing a black lever arch file to Mr FitzPatrick, Det Insp Kavanagh said: “With the consent of the defence and the consent of the court I propose to serve volume one and deliver the rest to the defence.”
Mr FitzPatrick is charged with six counts of failing to disclose an arrangement between Anglo Irish Bank and Irish Nationwide Building Society under which the building society lent him money between 2002 and 2007.
The other charges relate to Mr FitzPatrick knowingly excluding or failing to disclose the true amount of borrowings to him or persons close to him in statements to the bank’s auditors Ernst Young, by underdeclaring the balance on loans by at least €139.8 million.
If convicted, Mr FitzPatrick could face a fine of up to €12,697 and/or a maximum sentence of up to five years in prison.
The judge granted continuous bail, which Mr FitzPatrick renewed at the court bail office. The provisions require him to sign weekly at Irishtown Garda station, suspended in the event of travel out of the jurisdiction.
Paid a bond of €1,000
He must give 48 hours’ notice if he intends to change address or leave the country. Mr FitzPatrick has also paid a bond of €1,000 in cash.
The judge issued Mr FitzPatrick with an “alibi warning” where he must inform the prosecution within 14 days if he intends to call an alibi in evidence relating to any of the charges.
The former head of Anglo, who replied with “no comment” when the 12 charges were initially put to him in December, has not yet indicated how he will plead in this case.
Mr FitzPatrick, who is scheduled to next appear on March 22nd at the Circuit Criminal Court, left the building yesterday amid a scrum of photographers and in the company of his solicitor, Michael Staines.
