A former managing director accused of stealing more than €570,000 from Bank of Ireland Private Bank told his solicitor it was “not accurate or fair” to say he had indicated the bank was paying some of his legal fees.
Brendan Mullin told Roddy Bourke, litigation partner with McCann Fitzgerald solicitors, in April 2013 that he had told Mr Bourke from the start that he had the required funds set aside, and he had personal responsibility for the fees incurred, Dublin Circuit Criminal Court heard on Tuesday.
Mr Bourke gave evidence that he told Brendan Mullin it was obvious from his instructions in the file that he was getting assistance from Bank of Ireland for his legal fees.
Mr Mullin (60), who is accused of stealing over €570,000 from Bank of Ireland Private Bank among other charges, denies all 15 charges against him.
As part of its case against him, the prosecution alleges Mr Mullin authorised payments by the bank to solicitors McCann Fitzgerald – among other companies - for work that was carried out either for his company, Quantum Investment Strategies, or for him personally.
Continuing his evidence on Tuesday, Mr Bourke told Dominic McGinn SC, prosecuting, that Bank of Ireland contacted McCann Fitzgerald at the end of March 2013 raising queries about the series of invoices relating to Mr Mullin and seeking the firm's input as to how they were sent.
Mr Bourke said he met Mr Mullin on April 2nd and discussed these issues with him. He told the court that during that meeting, Mr Mullin told him he was unaware of Geraldine Byrne's involvement.
The court has heard Ms Byrne, who worked for procurement in Bank of Ireland, emailed McCann Fitzgerald in October 2012 asking that one of the invoices be re-addressed to the bank.
The court heard that a response was then prepared by McCann Fitzgerald for Bank of Ireland setting out “in chapter and verse how the invoices came about," Mr McGinn said.
Mr Bourke said he met Mr Mullin again on April 4th, when they had two meetings during the day to discuss what communication McCann Fitzgerald was having with the bank.
Mr Bourke said he brought Mr Mullin through the questions raised by the bank and McCann Fitzgerald's proposed answers to the questions “document by document”.
“We went through every single part,” Mr Bourke said.
The court heard Mr Mullin's only concern with the response was one sentence which stated: 'It was our understanding from Mr Mullin that the bank would pay a portion of his legal fees.'
“He told you that you had known he had indicated from the start that he had set aside the required fees,” Mr McGinn said. Mr Bourke agreed that was what Mr Mullin said.
It was Mr Mullin's position that he had personal responsibility for the fees incurred and that Mr Bourke was aware of that, the court heard.
Mr Bourke said he explained to Mr Mullin that, as a client, he would always be personally responsible for fees, but that it was obvious from the instructions on the file that Mr Mullin was “getting assistance with his fees from the bank”.
The court heard Mr Bourke also told Mr Mullin that it was (fellow McCann Fitzgerald partner) Mark White's understanding that the bank was “going to stand behind Mr Mullin for 50 per cent of his costs”.
Mr Bourke informed Mr Mullin he was not going to alter what was proposed in the response.
After that meeting, Mr Mullin emailed Mr Bourke to say that the wording stating he had indicated the bank would pay some of his fees was “not accurate or fair”.
Nearly three weeks later, Mr Mullin emailed Mr Bourke on April 24, 2013, stating he had no input and “did not even have sight” of the bank's memo when they were discussing it. He said the copy he saw was “significantly different” to what was ultimately sent.
In an unredacted version of the same email, which was later shown to the jury under cross-examination, Mr Mullin said he must express his “complete amazement” that McCann Fitzgerald would consider this meeting as being chargeable to his account.
Mr Bourke agreed with Brendan Grehan SC, defending, that he did not provide Mr Mullin with a copy of the memorandum from the bank, but said Mr Mullin was “fully aware of the contents” and that they went through it “line by line”.
He said Mr Mullin's assertion he did not have sight of the memo was “complete news” to him.
In relation to McCann Fitzgerald's final response to Bank of Ireland, he told the court “the material aspects of it were the same”.
Mr Grehan put it to Mr Bourke that during the April 2nd meeting, Mr Mullin indicated to him there was a problem with Bank of Ireland, and he was going to pay the four invoices to McCann Fitzgerald.
He had a number of cheques at the meeting which amounted to just over €61,000, the court heard. Mr Bourke agreed he took the cheques on the understanding that Mr Mullin wanted McCann Fitzgerald to reimburse Bank of Ireland.
Mr Bourke agreed that McCann Fitzgerald did not reimburse the bank until after the cheques had cleared. “That's normal procedure,” he said.
Mr Mullin, of Stillorgan Road, Donnybrook, Dublin 4, has pleaded not guilty to one count of stealing €500,000 from Bank of Ireland (BOI) Private Bank, Mespil Road, Dublin 4 on December 16th, 2011, along with eight other counts of stealing various amounts of money amounting to just over €73,000 from the bank on various dates.
He has further pleaded not guilty to one count of deception and five counts of false accounting. All the offences are alleged to have occurred between July 2011 and March 2013.
Mr Mullin was the managing director of BOI Private Bank at the time of the alleged offences and he is a former rugby international who played for Ireland.
The trial continues before Judge Martin Nolan and a jury.
