BoI bank records are crucial new evidence

The Court of Criminal Appeal (CCA) agreed earlier this month to admit the crucial new evidence relating to the bank records of Mr Brendan Fassnidge in the late 1980s.

It was that evidence that led to the overturning of Mr Redmond's conviction yesterday.

The CCA said this was not a case where evidence was withheld by the prosecution, where the prosecution failed to preserve evidence, or where evidence was lost or destroyed.

All sides had begun the case with the common view that there were no bank records because of the lapse of time.

The CCA said it was satisfied the bank records were new evidence that was not available at the start of the trial because of a misunderstanding regarding bank records. The fact such evidence was referred to during the trial did not preclude the evidence being admitted at appeal stage.

The CCA said that in an affidavit, solicitor Ms Clara O'Callaghan, of Anthony Harris and Co, solicitors, for Mr Redmond, said Mr Fassnidge had made it clear at the trial he had no bank records to back up his allegation against Mr Redmond, and that there were no bank records in existence.

That also appeared to be the prosecution's view as could be seen from Garda evidence, the CCA said. A garda had told the trial that efforts were made to secure records, but the banks were not obliged to keep records beyond six years.

A Mr Paul Sheeran, former manager at Bank of Ireland, Blanchardstown, appeared to have a different view at the relevant time and gave evidence suggesting there were records in existence. Counsel for Mr Redmond had not pursued what those records were because the prosecution had told the Redmond side there were no records.

On January 5th last, Ms O'Callaghan had written to the Office of the DPP seeking the records referred to by Mr Sheeran. On June 23rd, 2004, she had received the banks records of Mr Fassnidge at BoI, Blanchardstown from the DPP.

Mr Brendan Grehan SC, for Mr Redmond, had said the records were not available at the trial because the prosecution never procured them, despite having written authorisation from Mr Fassnidge permitting them to do so.

The DPP had argued the prosecution made full disclosure to the defence. The prosecution had never informed the Redmond side in advance of the trial that there were no bank records in existence in relation to Mr Fassnidge, he said. It was argued that Mr Redmond became aware during his trial that there were still some bank records of Mr Fassnidge from his accounts with BoI, Blanchardstown, from the 1980s.