A former solicitor from Michael Lynn's practice has repeatedly denied in his multi-million euro theft trial that she was ever involved in conveyancing in the firm.
Mr Lynn (55), of Millbrook Court, Redcross, Co Wicklow is on trial at Dublin Circuit Criminal Court accused of the theft of around €27 million from seven financial institutions.
He has pleaded not guilty to 21 counts of theft in Dublin between October 23rd, 2006 and April 20th, 2007.
It is the prosecution’s case that Mr Lynn obtained multiple mortgages on the same properties, in a situation where banks were unaware that other institutions were also providing finance.
The financial institutions involved are Bank of Ireland, National Irish Bank (later known as Danske Bank), Irish Life and Permanent, Ulster Bank, ACC Bank, Bank of Scotland Ireland, and Irish Nationwide Building Society (INBS).
Fiona McAleenan returned to the stand for a third day on Monday to continue being cross-examined by Paul Comiskey O'Keeffe BL, defending Mr Lynn.
Internal emails
Ms McAleenan was brought through a number of internal emails from Michael Lynn & Co Solicitors at that time, along with office documents and phone messages.
The court was shown internal emails that Mr Comiskey O'Keeffe said showed Ms McAleenan was being sent weekly conveyancing reports.
Ms McAleenan replied that she didn't remember getting these and she probably didn't pay any attention to them.
The court heard the Law Society carried out a random audit of the practice in 2006. Mr Comiskey O'Keeffe suggested to Ms McAleenan that as a solicitor, she had a “professional obligation and legal obligation in relation to the conduct of the files and client ledger cards”.
Ms McAleenan replied that she did not employ staff in the practice and that Mr Lynn was the principal of the practice. “The ultimate responsibility was his,” she said. “I did my work properly in the practice.”
She added no issues were raised with her litigation files. “As I have said countless times, Michael Lynn was the principal solicitor in the practice – a conveyancing solicitor.”
Mr Comiskey O'Keeffe put it to Ms McAleenan that she was being “completely disingenuous” in relation to the matter.
She said she took “grave exception” to this term.
Defence counsel also showed the court internal documents from Michael Lynn & Co solicitors in which one trainee solicitor stated Ms McAleenan had requested that client ledger cards be printed out for every client in the office.
Ms McAleenan said she did not accept that she carried out a review of all the clients when she was in the practice. She said the trainee solicitor was probably asked to print out all the client ledger cards by “someone” and then discussed it with her.
Diligence
The court was also shown a memo in March 2007 from Mr Lynn to Ms McAleenan entitled 'management of all files' in which he asked her to work with a colleague to take over the management of all files. “We need to carry out full diligence on this to ensure we are covered properly by professional indemnity insurance,” Mr Lynn wrote in the memo.
Responding to this memo, Ms McAleenan said she did not carry out an audit of all the files.
An email dated May 2007 from another solicitor in the firm stated that Ms McAleenan would take control of all litigation matters. “Fiona will hand over any conveyancing files she is currently working on.”
Ms McAleenan said the solicitor was perhaps referring to the fact she was involved in litigation issues relating to some conveyancing files. She told the court a number of times that she was not involved in conveyancing in the firm.
“We keep finding documentary evidence that seems to constitute it,” Mr Comiskey O'Keeffe said.
“I continue to say I was not involved in conveyancing and the people who were can be called to court to give evidence of that themselves,” Ms McAleenan replied.
The court was also shown minutes from a February 2007 meeting between Mr Lynn, Ms McAleenan and other people described by defence counsel as “high level” employees in the practice.
In the meeting, Mr Lynn was recorded as saying: “From now on we should have very clear systems that Fiona sees. I know you trust me Fiona, but trust is also much easier if is on the basis of transparency, not that there was anything being hidden from you.”
Mr Comiskey O'Keeffe put it to Ms McAleenan that this showed she was a partner in the practice. The court heard the High Court later found she was “holding herself out” as partner.
Ms McAleenan said she was in negotiations to become partner but that before she left the practice, she decided not to become partner at that time, on the advice of another person.
In the same meeting in February 2007, the court heard Mr Lynn said he would not put his name at the top of an org chart and “we should put Fiona on top there”. Ms McAleenan agreed.
Mr Comiskey O'Keeffe said that this conversation showed Ms McAleenan was “without doubt” accepting she was a partner.
“That was my mindset,” Ms McAleenan replied. “That's what I thought was going to happen.”
The trial continues before Judge Martin Nolan and the jury.
