Seán FitzPatrick to seek payment of legal fees by State

Former Anglo Irish Bank chairman Seán FitzPatrick is to apply for the State to pay his legal fees from his recent criminal trial.

Mr FitzPatrick was acquitted last March of engaging in an illegal share support scheme. His fellow Anglo directors Pat Whelan and William McAteer were convicted on 10 counts of providing illegal loans to the group of investors known as the Maple Ten to prop up the Anglo share price.

In Dublin Circuit Criminal Court yesterday, counsel for Mr FitzPatrick, Michael O’Higgins SC, asked Judge Martin Nolan to fix a date for a costs application on behalf of his client. Mr FitzPatrick did not attend the short hearing.

Judge Nolan put the matter back to June 5th, the last day of the current legal term, when he will hear submissions from Mr FitzPatrick and the Director of Public Prosecutions on whether the State should pay the costs of Mr FitzPatrick’s defence.

Mr FitzPatrick is seeking to be reimbursed for legal fees arising out of his trial and the extensive pre-trial hearings and depositions.

His defence team comprised a junior and senior counsel and a solicitor.

Whelan's bail Also at yesterday's hearing, Mr Whelan applied to have the terms of his bail conditions eased.

Mr Whelan and Mr McAteer are currently awaiting sentence for their roles in the share support scheme.

Counsel for Mr Whelan, Lorcan Staines, asked Judge Nolan to remove the bail condition that his client has to sign on at his local Garda station at regular intervals.

Counsel also asked that Mr Whelan be allowed leave the country without Garda permission once he has met his probation officer.

Judge Nolan granted both requests after hearing the DPP had no objection.

During a further application, counsel for Mr FitzPatrick and Mr Whelan asked the court to release trial documents so they could be used in a separate civil action they are taking in the High Court.

Aileen Donnelly SC, who is acting for the men in the High Court, said they were taking the action against the Matheson law firm, previously known as Matheson Ormsby Prentice.

Action against Matheson During the criminal trial, the defendants claimed they were given legal advice by Matheson Ormsby Prentice that the Maple Ten deal was legal. Evidence of this advice was ruled inadmissible by Judge Nolan.

Yesterday, Ms Donnelly asked the court to release the book of evidence, transcripts and depositions from the criminal trial so that they can be used in the civil action.

Judge Nolan granted the request.