A criminal solicitor has gone on trial accused of theft and attempting to pervert the course of justice.
Cahir O’Higgins (49) pleaded not guilty to one count of theft of €400 in July 2016 and four counts of attempting to pervert the course of justice in December 2017. Mr O'Higgins of Cahir O'Higgins and Company, Kingsbride House, Parkgate Street, Dublin denies all the allegations against him.
Opening the prosecution's case on Tuesday afternoon, Eoin Lawlor SC told jurors that Mr O'Higgins is a criminal defence solicitor with 20 years' experience.
He said the alleged injured party in this case is Raul Sanz, a Spanish national, who was a defendant in a case before the Dublin District Court on July 30th, 2016.
Legal firm Darcy Horan were assigned to Mr Sanz under the legal aid scheme, but they didn't have a representative at the Criminal Courts of Justice (CCJ), and an arrangement was made for Mr O'Higgins to stand in and represent the defendant.
Mr Lawlor said the presiding judge was told by Mr O'Higgins that his client wished to plead guilty and agreed to strike out the case against Mr Sanz if €200 was paid. Mr O'Higgins then volunteered to withdraw the money.
Mr Sanz's bank card and PIN were obtained by the investigating garda and given to Mr O'Higgins, who then went to the Londis shop on Parkgate Street, the court heard.
Mr Lawlor said it is the State's case that Mr O'Higgins made three withdrawals totalling €600 from the ATM in the shop. It is alleged Mr O'Higgins placed €200 into papers he was holding, and put the balance of €400 into his pocket.
When Mr O'Higgins returned to the courtroom, €200 was paid and the case against Mr Sanz was struck out.
Mr Lawlor said Mr Sanz was brought from the holding area to the ground floor of the CCJ, where Mr O'Higgins told the garda he needed to have a private consultation with his client. This took place without an interpreter.
Mr Lawlor said Mr Sanz became aware Mr O'Higgins had withdrawn a sum of money in addition to the €200 to pay for his services.
No receipt or invoice
He said there was no receipt or invoice from Mr O'Higgins “reflecting any money having been paid for services rendered, if that is the purpose for which he kept the money.” The court heard Mr O'Higgins does not accept that he kept the €400.
Darcy Horan solicitors subsequently made a claim to the legal aid scheme in relation to this case.
Mr Lawlor said gardaí started an investigation after a complaint was made and on December 8th, 2017, Mr O'Higgins was invited to attend a voluntary cautioned interview.
Following this, Mr O'Higgins emailed scans of a two-page document that purported to be contemporaneous notes made while he was representing Mr Sanz. These notes stated Mr Sanz agreed to and instructed the withdrawal of €600 and that Mr O'Higgins handed him €400 in an envelope.
On December 17th, 2017, Mr O'Higgins attended the Bridgewell Garda Station for a voluntary interview with gardaí and handed over the original of these notes. Mr O'Higgins told gardaí that Mr Sanz gave consent for €600 to be withdrawn.
Mr Lawlor said gardaí then showed Mr O'Higgins CCTV footage from July 30th, 2016. At this point, Mr O'Higgins said he would be “candid” and admitted the notes were not contemporaneous, but drawn up some time later.
Prosecuting counsel said Mr O'Higgins told gardaí that these notes contained “untruths” and were drawn up due to concerns about a potential Law Society investigation. Mr O'Higgins said he handed the €400 to Mr Sanz in an envelope along with the charge sheets.
Mr Lawlor said Mr O'Higgins made a prepared statement to gardaí in early 2018 in which he accepted he had withdrawn €600.
He said he did this as he understood the investigating garda intended to ask the District Court judge to re-open the case and he formed the view that the judge, whom the accused described as “unpredictable”, may increase the fine or request compensation be paid.
Mr O'Higgins told gardaí he divided the money into two sums, describing the €400 as “contingency money”. He accepted he hadn't sought his client's consent, but believed it was inferred from the circumstances. Mr O'Higgins maintained that he put the €400 into an envelope and gave it to Mr Sanz.
After he was charged on April 7th, 2020, Mr Lawlor told the jury that Mr O'Higgins replied that he was “surprised by this allegation, I’m not guilty and I will answer it at the appropriate time”.
Garda Tao Yu gave evidence that he arrested Mr Sanz in the early hours of July 30th, 2016 for criminal damage after a fire started in a toilet cubicle at Dicey's nightclub.
Under cross-examination, Gda Yu told Michael O'Higgins SC, defending, that he could not remember if he had any conversation with Mr O'Higgins about applying to the judge to re-open the case, after the judge had indicated he would strike out the case if €200 was paid.
Gda Yu accepted he “could have” intended to ask the judge to re-open the case, but repeated that he didn't know and couldn't remember.
The witness also told defence counsel that he couldn't recall if he saw Mr O'Higgins hand anything to Mr Sanz.
A copy of a map of the ground floor of the CCJ was shown to the jury, along with CCTV footage from within the building on July 30th, 2016.
Mr O'Higgins has pleaded not guilty of the theft of €400 on July 30th, 2016 at Londis shop, on Parkgate Street.
He also pleaded not guilty to four counts of perverting the course of public justice contrary to common law, on December 8th and December 17th, 2017 , within the State and at the Bridewell Garda Station in Dublin.
The trial is expected to last six days and continues before Judge Martin Nolan and a jury.
