The jury in the trial of a criminal defence solicitor accused of theft and attempting to pervert the course of justice has heard evidence about records by Court Services staff of a district court sitting in July 2016.
Cahir O'Higgins has pleaded not guilty to one count of the theft of €400 in July 2016 and four counts of attempting to pervert the course of justice in December 2017.
It is the State's case that Mr O'Higgins was standing in for a colleague to represent a Spanish national in a district court on July 30th, 2016 and volunteered to use the accused man's bank card to withdraw €200 to make a payment to the court.
The prosecution alleges Mr O'Higgins then made three withdrawals totalling €600 from the ATM in the Londis shop on Parkgate Street and allegedly placed €400 into his pocket. A sum of €200 was paid to the court and the accused man's case was then struck out.
It is further alleged that Mr O'Higgins provided gardaí in December 2017 with a copy of notes he claimed to have made on July 30th, 2016. The prosecution say that Mr O'Higgins was aware these notes contained untrue information, and that they were not made on July 30th, 2016.
Mr O'Higgins, of Cahir O'Higgins and Company, Kingsbride House, Parkgate Street, Dublin, denies all the allegations against him. The court has heard that Mr O'Higgins is a criminal defence solicitor with over 20 years' experience.
Written form
Derek Bunyan, who works for the Court Services, told Eoin Lawlor SC, prosecuting, on Thursday that he was the district court clerk on July 30th, 2016, in Court 2 with Judge John Coughlan presiding.
The jury were shown a written form completed by Mr Bunyan of the cases heard by the district court on the day.
This document included notes made about the appearance by Raul Sanz Quilis. The information recorded included that a donation of €200 was made to the court poor box for the Capuchin Day Centre, that the case was struck out and that legal aid was assigned to solicitor, Tracy Horan.
The jury has previously heard evidence that Mr Sanz Quilis was brought before Dublin District Court after he was charged with criminal damage, and his case was later struck out by the judge after a payment of €200 was made.
Mr Bunyan said he recalled the case as the judge asked him to nominate a charity. He agreed with Mr Lawlor that the court was told €200 could be paid, but money had to be obtained, which Mr O'Higgins volunteered to do on behalf of Mr Sanz.
He confirmed €200 was handed to the court.
The jury also heard evidence that a legal aid form was submitted to the Court Services by Darcy Horan solicitors on August 10th, 2016, in relation to Mr Sanz Quilis's appearance before the district court.
This form was processed and a gross fee of €201.50 was later paid by the legal aid section of the Department of Justice to Tracy Horan of Darcy Horan Solicitors on September 6, 2016.
In other evidence, Natwest Group Fraud Control Manager Michael Wilson told Kate Egan BL, prosecuting, that their records indicate three ATM withdrawals of €200 were made using a particular Spanish-issued card between 4pm and 5pm at an ATM located at Londis, Parkgate Street on July 30, 2016.
He said a fourth transaction was attempted but declined due to insufficient funds. Mr Wilson confirmed the records show that a total of €600 in cash was dispensed by the ATM.
Mr Wilson confirmed to Michael O'Higgins SC, defending, that the records indicate that this account had a credit balance of €225 after these three withdrawals and the associated service charges.
In evidence on Wednesday, Mr Sanz Quilis said three withdrawals of €200 were made from his bank account on July 30, 2016.
Mr O'Higgins has pleaded not guilty to the theft of €400 on July 30, 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 continues before Judge Martin Nolan and a jury.
