FitzPatrick, Whelan acquitted of some Anglo allegations

Judge Martin Nolan tells jury he will direct a not guilty finding

Pat Whelan (51) of Malahide, Dublin, Willie Mc Ateer (63) of Rathgar, Dublin and Sean Fitzpatrick (65) of Greystones, Co Wicklow.

Pat Whelan (51) of Malahide, Dublin, Willie Mc Ateer (63) of Rathgar, Dublin and Sean Fitzpatrick (65) of Greystones, Co Wicklow.

Wed, Apr 9, 2014, 12:34

The former chairman of Anglo Irish Bank Seán FitzPatrick has been acquitted of six allegations facing him at the Dublin Circuit Criminal Court. And former Anglo head of lending in Ireland Pat Whelan has been acquitted of seven allegations.

The pair still face other allegations brought against them.

The jury in the trial of Mr FitzPatrick, Mr Whelan and William McAteer, former director of finance, were told this morning they will be directed to find Mr Whelan and Mr FitzPatrick not guilty of some of the allegations they have been facing.

Seven charges faced by Mr Whelan related to the fraudulent alteration of loan facility letters at the bank and six charges against former chairman of the bank Mr FitzPatrick are affected.

Mr Whelan had been charged with being privy to the fraudulent alteration of loan facility letters to seven individuals. The jury had heard that the Maple 10 businessmen were provided with facility letters on or around July 11th, 2008, which offered them loans which were used to buy shares in the bank. The conditions of the loans included that if they were defaulted on, the bank would be able to pursue the individuals personally for 25 per cent of the outstanding money owed, known as 25 per cent recourse.

The court had heard that in October, 2008, new loan facility letters were sent to seven of the borrowers changing the conditions to include zero recourse. The letters were dated July 17th and signed by Mr Whelan.

The court had also heard the Quinns were loaned €170 million to buy almost 15 per cent of the bank’s shares in July 2008. Mr FitzPatrick, along with defendants Mr Whelan and Mr McAteer, was charged with six counts of unlawfully providing assistance to them to buy the shares.

Judge Martin Nolan told the jury this morning that while they were away he had made a decision that he would direct Mr Whelan should be found not guilty of the charges against him in relation to the letters. He said he would also direct Mr FitzPatrick should be found not guilty of the six counts against him in relation to the Quinn loans.

He asked the jury to return to the court at 2pm today.

The charges of 10 counts of providing unlawful financial assistance to 10 individuals, the Maple 10, in July 2008 to buy shares in the bank, contrary to section 60 of the Companies Act against Mr FitzPatrick (65) of Greystones, Co Wicklow; Mr McAteer (63) of Rathgar, Dublin; and Mr Whelan (51) of Malahide, Dublin, remain to be faced by all three men.

Mr McAteer and Mr Whelan also still face charges six counts of providing unlawful financial assistance to six members of the Quinn family.