By Anthony Sheridan
The following very serious allegations of criminal activity emerged during the recent Sean Fitzpatrick trial.
The deliberate destruction of evidence.
The coaching of witnesses.
The altering of witness statements.
The former solicitor for the Office of Corporate Enforcement (ODCE), Mr. Kevin O’Connell has admitted that he destroyed evidence.
It has been accepted by the current Director of ODCE, Mr. Ian Drennan, that senior members of his staff participated in the coaching of witnesses and the altering of witness statements. It has also been acknowledged that the former Director of ODCE, Mr. Paul Appleby was involved in some of these activities.
The following three facts also emerged during the Sean Fitzpatrick trial.
One: That Garda Chief Superintendent Patrick Lordan, head of the Garda National Economic Crime Bureau was aware that solicitor with the Office of the Director of Corporate Enforcement (ODCE), Mr. Kevin O’Connell, had admitted in sworn evidence that he had destroyed documents relevant to the criminal proceedings against Sean Fitzpatrick.
Two: That Supt. Lordan, after discussing the alleged crime with a colleague deemed it was not necessary to launch a Garda investigation.
Three: That the whole issue (the destruction of evidence) was outlined to Judge Mary Ellen Ring and she did not indicate that any issue should be raised with the Garda.
To my knowledge Garda officers do not have the power to decide whether or not an alleged crime should or should not be investigated. To my knowledge such decisions come strictly within the remit of the Director of Public Prosecutions.
It is deeply disturbing that a judge, on being informed that evidence in a criminal trial had been deliberately destroyed, would not instruct the Gardai to investigate the matter.
It seems clear to me that the law enforcement agencies of the State are failing to act in an appropriate manner in response to the alleged crimes as outlined above.
With that in mind I have submitted the following complaints:
Formal complaint submitted to Cobh Gardai on 10 July concerning the alleged crimes of ODCE solicitor Mr. Kevin O’Connell and other staff members of the ODCE.
I wish to formally report the following allegations of criminal activity that emerged during the course of the trial of the former chairman of Anglo Irish Bank, Sean Fitzpatrick.
One: That the former solicitor for the Office of the Director of Corporate Enforcement (ODCE), Mr. Kevin O’Connell, contrary to law, deliberately destroyed documents that were relevant evidence in a criminal trial.
Two: That, contrary to law, witnesses were coached and statements altered by Mr. O’Connell and other senior civilian ODCE staff which resulted in the contamination of evidence.
Both of the above allegations have been accepted as true by Mr. O’Connell and the Director of ODCE, Ian Drennan.
(See attached ODCE press release).
Formal complaint submitted to the Garda Siochana Ombudsman Commission (GSOC) against Chief Supt. Lordan concerning his decision not to investigate the destruction of evidence in a criminal trial.
11 July 2017
To Whom It May Concern:
Please find complaint against Garda Chief Superintendent Patrick Lordan, head of the Garda National Economic Crime Bureau, for failing to properly carry out his duty on coming into possession of significant evidence of criminal activity.
This complaint is based on a report in the Irish Times dated 23 May 2017 reporting on the trial of former chairman of Anglo Irish Bank, Mr. Sean Fitzpatrick (The full report is included below).
Specifically, the complaint is based on the following facts arising in the report.
One: That Chief superintendent Lordan was aware that solicitor with the Office of the Director of Corporate Enforcement (ODCE), Mr. Kevin O’Connell, had admitted in sworn evidence that he had destroyed documents relevant to the criminal proceedings against Sean Fitzpatrick.
Two: That Chief Superintendent Lordan wrongly took it upon himself not to investigate the illegal destruction of said documents.
Note: It was my intention to make a formal complaint against Judge Mary Ellen Ring for her failure to act on being informed about the destruction of evidence. Unfortunately, it seems there is no authority in Ireland to which citizens can make complaints regarding the actions of judges.
Dept. of jobs, Enterprise and Innovation