Expert says bank signature probably account-holder's

On the balance of probabilities, the signature on two application forms for accounts with First National Building Society, now known as First Active, were those of the account-holder, Cornelius Cagney, the High Court heard yesterday.

Giving evidence for the defence on the fourth day of proceedings taken by Mr Cagney against First Active, Seán Lynch, a forensic handwriting expert formerly employed by the Garda, said that, while it was difficult to analyse the signatures because of the poor quality of the photocopied documents, the samples did show some common traits.

He said that while he could not be sure that they were signed by Mr Cagney himself, on the balance of probabilities they were.

The witness was responding to questions put by Michael Counihan SC, counsel for First Active, in response to allegations by Mr Cagney that the signatures on the application forms were not his.

Mr Cagney has brought the case against First Active on grounds including negligence and non-compliance with instructions. He alleges that Declan McCann, manager of the First National Kilkenny branch, failed to follow his instructions to open a joint savings account with his eldest daughter, Hélène, in 1995.

Instead of putting two cheques totalling £141,161.48 into the new account, Mr Cagney alleges that Mr McCann put £100,000 into an account belonging to Mr Cagney's friend and business associate Tony Sheridan, with the rest going into the new account as requested.

Mr McCann told the court in evidence that, following a meeting in Mr Cagney's house on May 17th, 1995, he was in no doubt that Mr Cagney was "well aware" of the instructions he gave that £100,000 of the money be put into his friend's account.

Responding to questions from Mr Cagney, who is representing himself, Mr McCann also denied that Mr Cagney's eldest daughter, Hélène, was present at the meeting on May 17th, alleging that Mr Cagney took the application form out of the room in order for Hélène to sign it. Mr Cagney and his daughter both claim that she was present at the meeting.

In addition, they both allege that the signatures on the form shown as evidence in the court are not their own and that their original form was destroyed and replaced with a form containing forged signatures.

Responding to questions from Mr Cagney about why the section of the application form denoting the type of account requested had not been filled out, Mr McCann said that this was an administrative rather than a fraudulent issue. He admitted that it should have been filled out in full.

The case continues on Tuesday, when Mr Lynch will resume giving evidence.

In a report on the case in yesterday's newspaper, reference was inadvertently made to Friends First as the defendant in the case. This should have read First Active.