Accountant cleared of misconduct 'shocked' by ICAI

An accountant acquitted of misconduct by a disciplinary tribunal yesterday told the hearing he was shocked by the attitude of his professional institute, which took the action, and considered it "absolutely disgraceful".

Mr Richard Guiney, a member of the Institute of Chartered Accountants in Ireland, made his comments during a one-day hearing that arose following a complaint from the Artists' Association of Ireland. After considering the day's evidence for about 10 minutes, the three-member tribunal said the charge against Mr Guiney had not been proven and was dismissed.

The tribunal chairman, Mr Aedan McGovern SC, said the only witness produced by the institute, Ms Kelly Fitzgerald of the Artists' Association of Ireland, had admitted that she had little personal knowledge of the matters in question.

After the verdict, Mr Guiney said he was very pleased he had been vindicated.

"I was always very sure that what I did was correct. It is a relief to have it over after two years."

The charge against Mr Guiney was that he had failed to perform his professional services with due expedition in that he failed to provide the management of the Artists' Association of Ireland with financial statements for the year to December 31st, 2000 until July 2001, notwithstanding the fact that he had been informed in February 2001 that the grant to the association from the Arts Council, for 2000, was materially lower than the amount included in management accounts provided to the association during 2000, resulting in an unexpected deficit for the year ended December 31st, 2000.

Mr Guiney was at the time working on the association's accounts for Mr John Webb, auditor to the association. On February 14th, 2001, while verifying the 2000 accounts, Mr Guiney received a letter from the Arts Council which informed him that the grant to the association for 2000 had been €110,000. Mr Guiney had been informed by the association that the grant was €144,750.

Mr Guiney told the tribunal that, upon receipt of the letter of February 14th, 2001, he felt it was his duty to investigate how the error had occurred and what the correct position was.

Mr Guiney said he tried to get in contact with Ms Stella Coffey, executive director of the association, but had difficulty getting her on the phone. When he did, he found that she would not engage with him. It was a "kind of a meaningless conversation".

He said he wrote seeking a meeting with the association's board but this was refused. He sought copies of the board's minutes, which he received in late June, and made other inquiries. He did not feel he could release the accounts until July 2001.

He said chartered accountants should not release accounts that they did not feel they could stand over and he had expected this would be the standard sought by the institute.

"I am shocked by the attitude of the institute," Mr Guiney said. "That it should demand the release of accounts that an accountant could not stand over... I find that absolutely disgraceful."

He said it was "staggering" that he was being accused of delay when the association had refused to give information to its auditors and had caused delay.

Mr McGovern said the rules of the institute did not allow it make an order in relation to costs in cases where the charges were dismissed. It could only make an order in relation to costs in a case where a charge is upheld.

Mr Guiney was represented at the hearing by Mr Paul Fogarty BL. The institute was represented by Mr Brian Farren BL.