Three men, including loyalist activist Jamie Bryson and former Sinn Féin MLA Daithí McKay, have been cleared at Belfast Crown Court of charges relating to misconduct in public office.
Mr Bryson (35), from Rosepark, Donaghadee, Co Down, and co-accused Thomas O’Hara (41), from Lisnahunshin Road, Cullybackey, Co Antrim, were found not guilty of conspiracy to commit misconduct in public office.
The charges related to a Stormont finance committee hearing that examined the sale of the National Asset Management Agency’s (Nama) Northern Ireland assets in 2015.
Mr McKay (43), from Loughan Road, Dunnamanagh, Co Tyrone – who was chairman of the Stormont finance committee at the time – was found not guilty of misconduct in public office.
Mr Bryson and Mr McKay said there were questions for the Public Prosecution Service (PPS) to answer over why the prosecution was brought.
Trial judge Gordon Kerr KC said he believed Mr Bryson had lied while giving evidence in the case, but said he was not involved in a criminal conspiracy.
The long-running trial related to Mr Bryson’s 2015 appearance before the committee, chaired by Mr McKay, which was investigating the sale of Nama’s Northern Ireland assets to US investment fund Cerberus for £1.2 billion.
The criminal inquiry opened after the publication of leaked Twitter messages between Mr Bryson, Mr McKay and the account of Mr O’Hara, who at the time was a Sinn Féin activist in north Co Antrim. Mr McKay quit as an MLA within hours of the messages being published in August 2016.
Giving evidence to the committee in 2015, Mr Bryson used Assembly privilege to name former DUP leader Peter Robinson as a beneficiary of the sale. The then-first minister strongly rejected any suggestion he benefited from the deal. All other parties involved in the transaction also denied wrongdoing.
Delivering his judgment in the non-jury trial on Thursday, Judge Kerr said: “Despite his lies in court, I am sure that Mr Bryson was at all times communicating with Mr McKay.
“I am sure that the communications were designed to give Mr Bryson the best advice and guidance to maximise his chances of giving evidence.
“My analysis of the messages do not show any occasion where Mr McKay undertook to say or do anything outside his duties as chairman to ensure Mr Bryson’s evidence would be in open session.”
Clearing Mr Bryson, the judge said the evidence did not establish there had been a criminal conspiracy between him and Mr McKay. “In the absence of an agreement, the conspiracy charge must fail.”
Turning to Mr McKay, the judge said there was “no doubt he deliberately misled the committee to ease the way for Mr Bryson’s presentation”.
The judge pointed out the Assembly had its own code of conduct and said there was “no precedent for a prosecution in these circumstances”.
“I do not consider it my role to expand the offence,” the judge added.
He said the evidence against Mr O’Hara “fell well short” of anything which would convince him of his guilt.
Asked outside the court about Judge Kerr’s view that he had lied during his evidence, Mr Bryson said: “Absolutely not, I told the truth about all of my evidence.
“I absolutely didn’t; the fact is this, no crime, I am innocent, that is the end of the matter.”
He added: “To drag us through the gutters for 10 years and to top that off with a seven-week trial raises massive questions for the Public Prosecution Service.”
Mr McKay’s lawyer, Michael Madden, said his client had been vindicated by the judgment.
“Daithí McKay has already paid a heavy price for the decision of the PPS to prosecute this case. He was placed in a legal pressure cooker for 10 years and has had to endure a seven-week trial.” – PA
