The fraudster Jim Flavin of DCC is walking around a free man because Fyffes, in their own interests, decided to take a civil rather than a criminal case against him. Despite the Supreme Court’s conclusion that Flavin was guilty of insider trading to the tune of €83 million the Irish State has made no move to press criminal charges.
The rogue solicitor Michael Lynn is also enjoying the benefits of being dealt with under civil rather than criminal law. Lynn, whose alleged fraud also involves a figure of around €80 million, is due to give evidence from London via video link next month in a case unrelated to his own dodgy activities.
For reasons best known to himself the DPP has decided not to initiate criminal charges against Lynn. This situation makes life very easy for the rogue solicitor; he can come and go as he please so long as he doesn’t return to Ireland.
The Garda Fraud Bureau investigation into Lynn is slow and cumbersome and according to Garda sources will not be completed for a number of months.
When the investigation is complete the DPP must then make a decision on whether criminal charges should be brought. According to a report in today’s Irish Independent this will also take several months. We are not told why a decision like this should take so long.
Here’s what I think.
Civil rather than criminal proceedings allow Lynn the freedom to continue operating his businesses. This means he can work away at trying to resolve his ‘difficulties’.
Meanwhile, the low key and long drawn out process here in Ireland, whether intentional or co-incidental, leaves the way open for a deal to be eventually worked out to the satisfaction of all parties.
We shouldn’t therefore be surprised if at some point there’s an announcement that ‘arrangements’ have been made between the interested parties and the DPP doesn’t have to resort to all that embarrassing and nasty criminal proceedings stuff after all.
The powers that be can then continue to operate under the illusion that Ireland is on a par with other Western jurisdictions where the rule of law is seen as vital to a healthy democracy.
5 thoughts on “Special arrangements for special people”
The figure is in the region of € 84 million in the case of Michael Lynn, loose change I’m sure. Doesn’t it make you think of what kind of country we are in ?
1. I do not believe that Jim Flavin is a fraudster.
2. It is not normally the function of anyone but the DPP to take criminal proceedings (But see 5 below). Fyffes’ decision cannot IMHO be criticised on this count
3. I doubt if a criminal charge could have been proved beyond reasonable doubt if a High Court judge disagreed with the Supreme Court on the less onerous standard of “balance of probabilities”.
4. I too am amazed at the Lynn situation. Note that once charges are brought, the European Arrest Warrant is available to get him anywhere in the EU, and he would be at risk of arrest in other places e.g. the U.S. as well
5. Any citizen can initiate a private prosecution. It is of limited utility, but is not useless: it has been used recently with success.
I like this what i call a social site that tries to hilight corruption in ireland.But does it make a bit of difference?Will anything ever change?
Is the pen truly mightier than the sword,i think not this recession that the state gave a digout too was created by a bunch of greedy b……and those that were given the job of looking over them were no better.The ruleing class word for this mess is”inappropriate”if your from my neck of the woods
its “gangesterism”How many people in ireland who weild power and influence have shares and investments in these financial instutions and is this the real reason there was a bailout?Ordinary people get very poor returns for their investments no matter who or where they invest their money,while the greedy few executives and friends[share holders]clean up.In 1974 there was a commission set up which proudced what known as”the hunt report”it was meant to search for a politically feasible solution
to problems of financial structures,that report you could say forcast todays
world wide financial meltdown.Brian Lenihan should try and get a copy of that report and”recommendations”slan
Whats the story with comment awaiting moderation?I thought that was only to do with spam.There is no spam im aware of in any of my posts or blogs.Go to “encouragechange blogspot”Or Paddoconnell blogs and see.thank you,slan.
Hi had to respond to the plight of poor Gerry Ryan”shock jock in dock”Jerry vented his anger about been summoned to court over a parking ticket”double yellow lines”while every morning he reads and hears about fellas who stab people,rob cars,slash,cut,burn,rape,assault,and who walk the streets with impunity.On the other hand you have the great Brenda Power slagging off Eamon Dunphy about his tears on the late late show because he feels the PAIN of the ordinary folk of this country.So this post in about EVERYONE been equal before the law,it says so in the irish constitution?Thats why according to Dr.Vicky Conway writing about the garda watchdog”ombudsman”office that the fact that all three members of the board are related to gardi[i dont know if thats true]seriously harmed its credibility and independence,she goes on to say the ombudsmans position should be filled using a system of transparency and inpartiality.Now back to Jerry and his gripe that Paul Drury put so well in an article in the daily mail during the week and ive wrote about elsewhere on this site.If Jerry took the time to go to court and if its in richmond buildings he would see that those who dispence the law dont themselves have to abide by the same rules?On any given day outside richmond courthouse and pearse st garda station you will not only see numrous garda cars not only parked on double yellow lines but parked on the path as well this includes traffic corps jeeps.Do the judges who hear these cases of ordinary folk allegedely parked on double yellow lines be blindfolded going into the courts in richmond buildings?Are the upholders of this law that is dispenced to others excempt from the same laws?Some people are aware that gardi who drive ministers around are excempt from such mundane laws as the road traffic acts,does this apply to all gardi?Judges dont know so how does the ordinary joe publiic find this information?So Jerry is giveing out about the wrong things Paul Drury got it right as did Brenda Power.slan.”oh by the way say a prayer for me”
Comments are closed.