Former Cork councillor Gary O’Flynn charged with fraud offences

Ex-Fianna Fáil politician remanded on bail charged with falsely obtaining commissions

A former Fianna Fáil councillor has appeared in court in Cork charged with nine fraud offences relating to his obtaining of mortgages while working as a financial advisor.

Gary O'Flynn (39) of Hayfield Drive, Whitechurch, Co Cork was charged with the nine offences when he was arrested and brought before Cork District Court.

Det Garda Michael Horgan of the Garda Bureau of Fraud Investigation gave evidence of arrest, charge and caution. He told the court Mr O'Flynn made no reply to the charges after caution.

Mr O'Flynn is charged with three counts of making gain or causing loss by deception contrary to Section 6 of the Criminal Justice (Theft and Fraud Offences) Act from Bank of Ireland Mortgages in 2008 and 2009.


The prosecution alleges that Mr O'Flynn obtained commissions of €1,540, €1,000 and €925 on January 8th 2009 when acting as an agent for his own company, Flexible Mortgages to obtain the mortgages.

The charges arise from Mr O’Flynn obtaining mortgages for sums of €308,000, €200,000 and €185,000 on three properties in Cork city which he owned and sought to remortgage.

The State alleges Mr O'Flynn obtained the commissions by deception on mortgages on houses at Milestream, Shanakiel, the Falcon, Jacob's Island and The Avenue, Garran Dara, Wilton.

He is also charged with three counts of obtaining services by deception, namely mortgages, contrary to Section 7 of the Criminal Justice (Theft and Fraud Offences) Act on December 11th, 2008.

The State alleges in these three charges he used false revenue notices of self assessment, a false set of accounts for Gary O’Flynn, Sole Trader and a false set of accounts for Gary O’Flynn, Solicitor.

He is also charged with three offences of using false documents to induce someone to provide him with the mortgages contrary to Section 26 of the Criminal Justice (Theft and Fraud Offences) Act.

Det Garda Horgan said the DPP had directed trial by indictment and gardaí had no objection to bail for Mr O’Flynn once he agreed to abide by a number of strict bail conditions.

These included that he would sign on twice a week at Mayfield Garda station, not approach any prosecution witnesses in the case and surrender his passport to gardaí, said Det Garda Horgan.

Mr O'Flynn's solicitor Frank Buttimer said his client was willing to abide by all three conditions.

Judge Leo Malone remanded him on his own bond of €500 to appear again on February 18th.

Mr O'Flynn served on Cork City Council from autumn 2003, when he was co-opted to replace his father, former Fianna Fáil TD, Noel O'Flynn, until he stood down in December 2008.

Barry Roche

Barry Roche

Barry Roche is Southern Correspondent of The Irish Times