A solicitor accused of the theft of €400 insisted to gardaí during a voluntary interview that he had returned this money to his client.
Cahir O’Higgins (49) has pleaded not guilty to one count of the theft of €400 in July 2016 and four counts of attempting to pervert the course of justice in December 2017.
Mr O’Higgins, of Cahir O’Higgins and Company, Kingsbride House, Parkgate Street, Dublin, denies the allegations against him. The court has heard that Mr O’Higgins is a criminal defence solicitor with more than 20 years’ experience.
It is the State’s case that Mr O’Higgins was standing in for a colleague to represent Raul Sanz Quilis, a Spanish national, who was before the Dublin District Court on July 30th, 2016, on a charge of criminal damage.
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The judge said the case would be struck out if a payment of €200 was made, and Mr O’Higgins then volunteered to use Mr Sanz’s bank card to withdraw the money.
The prosecution alleges Mr O’Higgins made three withdrawals totalling €600 from the ATM and allegedly placed €400 into his pocket. A sum of €200 was paid to the court, and the case against Mr Sanz was then struck out.
It is further alleged that Mr O’Higgins in December 2017 provided gardaí with a copy of notes he claimed to have made on July 30th, 2016. The prosecution says that Mr O’Higgins was aware these notes contained untrue information, and that they were not made on July 30th, 2016.
Det Garda Colm Kelly continued his evidence on Monday. In an interview, Mr O’Higgins had said that his view was that Judge John Coughlan in the District Court might make an order of compensation and got permission to use Mr Sanz Quilis’s bank card “in anticipation of that type of order”.
He said Mr Sanz Quilis consented to the withdrawal of €600 from his account and there was “no doubt in my mind that I had his full permission to use his card”.
During the interview, Mr O’Higgins was asked why he withdrew €600. He replied that this was the maximum he could withdraw and that he “wanted enough cash” to arm himself in case the judge might change the order and direct compensation or a donation to charity above €200.
Mr O’Higgins said he put €400 and the charge sheets in an envelope and handed it to Mr Sanz Quilis after the case was struck out. Mr O’Higgins said he was “absolutely sure” he didn’t retain any of Mr Sanz Quilis’s property.
Mr O’Higgins has pleaded not guilty to the theft of €400 on July 30th, 2016, at the Londis shop on Parkgate Street.
He also pleaded not guilty to four counts of perverting the course of public justice, contrary to common law, on December 8th and December 17th, 2017, within the State and at the Bridewell Garda station in Dublin.
The prosecution case closed this afternoon. The trial at Dublin Circuit Court continues before Judge Martin Nolan and a jury.
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