A criminal defence solicitor accused of theft and attempting to pervert the course of justice told a garda he was worried other members of the force would ask him to change his evidence, a court has heard.
On Wednesday, the court heard that Cahir O’Higgins (49) recorded a conversation he had with Garda Tao Yu around May 2020. Gda Yu was not aware that a recording was being made at the time.
Mr O'Higgins has 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.
It is the State's case that Mr O'Higgins, who was representing a Spanish national in district court on July 30th, 2016, volunteered to use his client's bank card and withdraw €200 to make a payment to the court.
It is alleged that 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 payment of €200 was made to the court and the accused man's case was 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.
Gda Yu was taken through sections of a transcript of this May 2020 recording by defence counsel and accepted that the transcript was a discussion about a conversation he had with the defendant on July 30th, 2016, after the judge indicated he would strike out the case against the Spanish national if €200 was paid.
CCTV footage shown to the jury on Tuesday showed Gda Yu and Mr O'Higgins talking outside a courtroom on the ground floor of the Criminal Courts of Justice.
Gda Yu on Wednesday agreed that the transcript states he intended to raise the issue of compensation with the judge, but said he could not recall the exact words he used.
Reading from the transcript, Michael O'Higgins SC, defending, said his client told Gda Yu this was the “biggest existential risk to my life”.
His client continued that he was “worried” when the case came to court, another garda would say “we want to get this guy” and ask Gda Yu to forget parts of his evidence. “I’d lose a vital witness,” Mr O'Higgins said, with Gda Yu replying he wouldn't do that.
Defence counsel put to Gda Yu that he told his client that his memory was “rock solid”. Gda Yu disagreed with this reading of the transcript. “I said I’m not changing the facts,” Gda Yu said, emphasising that his intention was to bring the judge's attention to the issue of compensation if it had been possible.
“For whatever reason, your memory has let you down, it’s nothing to do with your colleagues,” defence counsel asked. “Absolutely not. Not today, not ever,” Gda Yu replied.
He agreed with defence counsel that the transcript states that he recalls seeing Mr O'Higgins pass something to his client in the courtroom.
Mr O'Higgins said, “I gave him an envelope with his money in it”, to which the transcript records Gda Yu replying, “That might explain why it was a sealed envelope”.
The witness accepted the transcript states he saw Mr O'Higgins pass something to his client, but said he didn't have a memory of this.
Gda Yu agreed he was later made aware of the recording and asked by gardai investigating the allegations against Mr O'Higgins to make a statement about his dealings with the defendant. He said he hadn't read the transcript prior to attending court.
In other evidence, Raul Sanz Quilis told Eoin Lawlor SC, prosecuting, that he was in Ireland in July 2016 in order to learn English. He gave evidence via videolink with the assistance of a Spanish interpreter.
He confirmed he was arrested in the early hours of July 30th, 2016, taken to a Garda station and later interviewed with a legal aid solicitor present.
He said he was brought to a courthouse “to pay the fine” where he was placed in a cell with other prisoners. He was then taken to a courtroom where he met a different legal aid lawyer “who said he was going to pay the fine” of €200.
Dublin Circuit Criminal Court has previously heard that the solicitor Mr Sanz Quilis met was Mr O'Higgins. In evidence, the witness said he couldn't recall the lawyer's name.
Mr Sanz Quilis said he met this lawyer for the first time in the courtroom and a Spanish interpreter was present.
After the hearing, Mr Sanz Quilis said he was taken back to the cell and a garda asked for his debit card and PIN.
He said he thought he was giving the garda his bank card and pin to “take out money from the account to pay the fine”, adding nothing was said to him at this point about paying legal fees.
When asked what he had agreed to do at this point, Mr Sanz replied “nothing, just to pay the fine”.
Mr Sanz Quilis told Mr Lawlor he only consented to money being withdrawn from his account to “pay the fine”.
Mr Sanz Quilis said he saw the lawyer in the foyer of the court building after his release and the lawyer told him, “I was very lucky, if it wasn’t for him, I would have been in jail”.
The lawyer told him “he took money out for his services” but, the witness's focus was to leave and return to Spain. He said the lawyer “didn't give me any money”.
Mr Sanz Quilis later clarified that the lawyer referred to a “quantity” of money, adding that his English was “limited” and “I didn’t know what he said”.
He said the lawyer only provided him with a contact number on a piece of paper, but nothing else.
Mr Sanz Quilis was taken through a copy of his bank statement and confirmed that three withdrawals of €200 were made on July 30th, 2016.
Under cross-examination, Mr Sanz Quilis agreed with Michael O'Higgins SC, defending, that he had been socialising on the night of July 29th with friends and they went to a nightclub in the early hours.
He described himself as “happy” when asked if he had been intoxicated.
Defence counsel suggested to the witness that he deliberately started a fire in a toilet cubicle at Dicey's nightclub with a lighter. The witness insisted it was not intentional.
Mr Sanz Quilis told Mr O'Higgins SC that he didn't remember what happened inside the courtroom and that he didn't understand the language.
Defence counsel suggested that the lawyer handed Mr Sanz Quilis money in an envelope or wrapped in paper after his release. “I didn’t receive any money. If he did offer anything, I would have say no”.
Mr Sanz Quilis accepted it was possible his lawyer told him that he had taken extra money out and he replied he didn't want it as he wanted to leave.
He further accepted the defence's suggestion that it is possible that the absence of cash withdrawals in the days following July 30th, 2016 meant he had cash.
Mr Sanz Quilis said he understood legal aid meant the services of a solicitor were free, but emphasised he'd have paid any amount his lawyer asked for because he wanted to leave.
Mr O'Higgins SC suggested to him that he received the money back and either spent it or lost it. “I never received any money,” he replied.
Counsel put it to the witness that he lied to gardaí about how the fire started in the toilet cubicle. “I told the truth to gardaí as here now, nothing was intentional,” he responded.
Mr Sanz Quilis rejected a suggestion from defence counsel that he didn't wish to return to Ireland as he realised he had been lucky to avoid a conviction and because he has a “poor recollection” of events.
“I am actually afraid to return to Ireland because of the lawyer that he would do something against me,” the witness replied.
When re-examined by Mr Lawlor, the witness said he was afraid to return to Ireland because of how he was treated by the gardai and the lawyer. “I do not know the power that lawyer has against a person like me who is a nobody”.
Mr O'Higgins has pleaded not guilty to 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 continues before Judge Martin Nolan and a jury.
