Businessman cleared of forged bank draft charges

A Dublin businessman charged with uttering forged bank drafts to a Co Limerick tyre dealer has been acquitted by direction of…

A Dublin businessman charged with uttering forged bank drafts to a Co Limerick tyre dealer has been acquitted by direction of the judge on the fourth day of the trial at Dublin Circuit Criminal Court.

Mr Francis Cunningham (51), of Dunville Avenue, Ranelagh, Dublin, had pleaded not guilty to uttering a forged bank draft, valued £10,500, payable to Daly Tyres, of Rathkeale, Co Limerick, on March 31st, 1994, and to obtaining 54 tyres from Mr Eamonn Daly by false pretences on the same date.

He also denied uttering a forged bank draft, valued £14,000, on April 2nd, 1994, and trying to obtain 54 truck tyres, valued £12,300, from Mr Daly by false pretences on the same date.

Judge Frank O'Donnell withdrew the charges from the jury following submissions by Mr John Peart SC, defending, and directed that Mr Cunningham be found not guilty.

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He said that on the March 31st charges there was not enough on which a jury could safely convict. It would be "perverse" if the case was to go to the jury and the accused found guilty. There was also nothing more than "mildly suspicious evidence" to connect Mr Cunningham to the April 2nd charges other than that he might have had an interest in the delivery of the tyres.

"He could have been a receiver who knew that `nicked' goods were coming on the market and perhaps had an interest in the outcome," the judge said before discharging Mr Cunningham from court.

In the report of the case in Tuesday's editions, it was stated that a witness, Mr Oran Christie, had said he remembered nothing about the events of April 2nd, 1994. The report failed to state that evidence was given to the court that Mr Christie had suffered a brain-stem injury subsequent to that date which resulted in loss of memory.