The jury in the multi-million euro theft trial of former solicitor Michael Lynn is ready to start its deliberations.
On day 33 of the trial on Monday, Judge Martin Nolan delivered his charge to the jurors and sent them home to start deliberations on Tuesday.
In his charge, Judge Nolan said the jury must put aside any prejudice or sympathy, likes or dislikes for the parties involved.
Judge Nolan noted that most people don’t like banks and that between 2007 and 2012, people “weren’t very fond of them”.
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“Their reckless behaviour brought us into a bad state,” he said. He said, however, that the jury must be cold and dispassionate when assessing the evidence.
Mr Lynn (55) of Millbrook Court, Redcross, Co Wicklow is on trial accused of the theft of around €27 million from seven financial institutions. He has pleaded not guilty to 21 counts of theft in Dublin between October 23rd, 2006 and April 20th, 2007.
It is the prosecution’s case that Mr Lynn obtained multiple mortgages on the same properties, in a situation where banks were unaware that other institutions were also providing finance.
The financial institutions involved are Bank of Ireland, National Irish Bank, Irish Life and Permanent, Ulster Bank, ACC Bank, Bank of Scotland Ireland, and Irish Nationwide Building Society (INBS).
Mr Lynn has told the court he had “off the books” agreements with the banks to use the loan money for his property developments abroad.
Judge Nolan said that if the jury believes that Mr Lynn had permission from the banks for the use of the monies, then it must acquit him. He said if it believed the State’s case that Mr Lynn stole the money, then it must be satisfied of this beyond reasonable doubt before it could consider convicting him.
Judge Nolan noted there was “myriad complications in this case”.
“The State say that basically Mr Lynn, by his behaviour, induced by deception the lenders to give him all of these funds,” the judge said. “That’s their case.”
The judge said the defence case was that there was an understanding with all these lenders, “that whatever the paperwork said, that wasn’t the true purpose”.
“The true purpose was to allow Mr Lynn to pursue his development activities abroad. He says all the lenders were aware of that. He is saying he had an understanding with the banks, all of them, to that effect.”
Judge Nolan noted this explanation is consistent with innocence. “There’s no deception if each bank knew what he was going to do with the monies. If you find that explanation reasonably believable, Mr Lynn is entitled to an acquittal.
“Before you can consider convicting Mr Lynn in relation to these counts, you must be satisfied beyond reasonable doubt that his explanation is not true.”
Before sending the jury home for the day, 12 jurors were chosen at random from the extended panel of 15 to carry out the deliberations. Judge Nolan thanked the three jurors who were not picked for their service.
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