A criminal defence solicitor accused of theft said he worried someone wanted “to stitch” him up as he had “annoyed people”, his trial has heard.
Cahir O'Higgins (49) 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.
Mr O'Higgins, of Cahir O'Higgins and Company, Kingsbride House, Parkgate Street, Dublin, denies the allegations against him. The court has heard that Mr O'Higgins is a criminal defence solicitor with over 20 years' experience.
It is the State's case that Mr O'Higgins was standing in for a colleague to represent Raul Sanz Quilis, a Spanish national, who was before the District Court on July 30th, 2016 on a charge of criminal damage.
The judge said the case would be struck out if a payment of €200 was made and Mr O'Higgins then volunteered to use Mr Sanz's bank card to withdraw the money.
The prosecution alleges Mr O'Higgins made three withdrawals totalling €600 from the ATM and allegedly placed €400 into his pocket. €200 was paid to the court and the case against Mr Sanz 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 30, 2016. The prosecution say that Mr O'Higgins was aware these notes contained untrue information, and that they were not made on July 30, 2016.
Garda evidence
Garda Tao Yu was recalled on Friday for re-examination. Gda Yu brought Mr Sanz Quilis before the district court and gave evidence earlier this week of his separate interactions with Mr Sanz Quilis and Mr O'Higgins.
On Friday, the jury heard a recording made by Mr O'Higgins of a conversation he had with Garda Yu during 2020, at a point after the defendant had been charged.
Gda Yu said Mr O'Higgins called him “out of the blue” and he agreed to a meeting.
The court has heard Gda Yu was not aware at the time that Mr O'Higgins was recording their conversation.
During the discussion, Mr O'Higgins said he had “annoyed people” and was worried that “someone in the gardaí or the DPP's office wants to stitch me up”.
The recording includes Mr O'Higgins reading a series of questions and answers, and asking Gda Yu to comment.
Mr O'Higgins said he handed an envelope to Mr Sanz Quili to which Gda Yu replied that he saw Mr O'Higgins hand something over, but he thought it was a charge sheet.
Mr O'Higgins then suggested it was possible he was handing cash to Mr Sanz Quilis. Gda Yu agreed this was possible, adding that he didn't see this.
Mr O'Higgins said “After first call, we spoke. You were unhappy that [Mr] Sanz was getting off too light”.
Gda Yu agreed they spoke after the judge indicated he'd strike out the case if €200 was paid. He also said he'd intended to raise the issue of compensation if possible as the hotel was evacuated.
The court has heard evidence that Mr Sanz Quilis was arrested after a fire started in a toilet cubicle at Dicey's bar on Harcourt Street.
Later, Mr O'Higgins said, “Do you think it was reasonable for me to conclude more than €200 was needed?”. Gda Yu replied: “Possibly.”
Mr O'Higgins also asked Gda Yu, “do you recall I said I would withdraw extra money in anticipation of compensation” being directed by the judge.
Gda Yu replied he can't remember adding, “You might have, but I wasn’t paying attention”.
During the discussion, Gda Yu accepted Mr O'Higgins's suggestion they didn't discuss that any cash withdrawal was limited to €200.
Mr O'Higgins told Gda Yu: “I know I returned €400 to him. I have a doubt in mind if it was in the dock or the grand hall [of the CCJ].
He continued by saying he was “scared shitless”. “If the jury disbelieves me, I’m going to jail.”
'Facts of case'
Mr O'Higgins went on to say that it was “hugely important” that the issue of compensation was open.
“When I went to [the ATM], the only thing in my head was Judge [John] Coughlan, when he hears the situation is going to change his mind and make me get more money.”
Gda Yu repeated that he intended to tell the judge the facts of the case. Mr O'Higgins replied: “If you had the intention to do it, it's likely we had a conversation”.
Mr O'Higgins continued: “With the jury it’s a lottery. They might take one look at me and think he’s an arrogant solicitor.
“I know what my intention was when I went to the ATM. I took out €200 first... then took out €400 [and had] €400 in my pocket with the intention that if Judge Coughlan say 'compensation' and I say 'I anticipated the issue and have taken out an additional sum of money to address compensation'.
Gda Yu could then be heard asking Mr O'Higgins about the allegation of perverting the course of justice. Mr O'Higgins replied: “I'm not guilty”.
Law Society
He continued that he was “petrified” about a complaint being made to the Law Society because he hadn't spoken to Mr Sanz Quilis before the hearing.
Mr O'Higgins said he made a file for the Law Society, which he later sent to gardaí.
He said he realised in the garda station that he needed to tell the truth that the file was “rubbish” and “forget about covering your ass with the Law Society”.
“I'm not going to tender a file that is incorrect in a garda station. It's very hard to explain, and I don’t think people will understand. I think the perverting charges are there to collaborate the theft. Without them, the theft won’t stand up.”
Gda Yu also said Mr O'Higgins called him several months after July 2016 and they met for a chat. He said “nothing stood out” about the conversation.
Detective Garda Colm Kelly also gave evidence that he was assigned to investigate an allegation of theft after gardaí received a complaint forwarded by the Spanish Embassy.
The jury were shown a montage of CCTV from July 30th, 2017 including footage of Mr O'Higgins walking down Parkgate Street to the Londis shop.
CCTV from the shop appeared to show Mr O'Higgins withdraw cash from an ATM, then place it in a piece of paper. Mr O'Higgins then appeared to withdraw cash from the ATM twice more, putting this into his trousers pocket, then making a further attempt to use the ATM before he left and returned to the CCJ.
The court has already heard that €200 was paid to the court and the case against Mr Sanz struck out.
The digital audio recording from the District Court of Mr Sanz's case was also played.
Det Gda Kelly said he invited Mr O'Higgins on December 8th, 2017 to attend a voluntary cautioned interview about the allegation of theft. Mr O'Higgins later emailed him back agreeing to an interview. Two photos of handwritten notes were attached to the email.
Copies of the handwritten notes were shown to the jury and Det Gda Kelly talked through the gardaí's analysis of what the notes said.
The trial continues.
