Decision on appeal by jailed councillor due next week

A decision will be given next Tuesday on an appeal by Galway county councillor Michael Fahy against his conviction for fraud …

A decision will be given next Tuesday on an appeal by Galway county councillor Michael Fahy against his conviction for fraud and attempted theft.

In his appeal, Fahy has contended a prejudicial memo was wrongly put before the jury and took his side by surprise.

Fahy (56), Ardrahan, Co Galway, was sentenced last March to 12 months in prison and heavily fined after he was found guilty of seven charges brought under the larceny and theft and fraud offences Acts by a jury at Galway Circuit Criminal Court.

Judge Raymond Groarke imposed concurrent prison sentences totalling 12 months and fined Fahy a total of €75,000.

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His appeal concluded yesterday before the three-judge Court of Criminal Appeal, consisting of Mr Justice Joseph Finnegan presiding, with Mr Justice Kevin Feeney and Ms Justice Mary Irvine.

Mr Justice Finnegan said the court needed time to consider "an important issue" raised.

Moving the appeal, Martin Giblin SC, for Fahy, said certain evidence which was prejudicial to his client was put before the jury during his trial.

This evidence related to a memo of a conversation between Fahy and John Morgan, a senior executive with Galway County Council, to discuss the possibility of certain allegations being investigated by gardaí.

Opposing the appeal, Conor Fahy, for the DPP, said that while the memo was incorrectly used, it was not prejudicial to Fahy in the overall context.

After a five-day trial, this was all the defence had complained about, he said.

During the trial Galway Circuit Court heard that 2,506 metres of fencing had been erected in Ardrahan under a community involvement scheme operated by the Galway County Council.

While 877 metres was erected for community benefit in compliance with the scheme, the remaining 1,629 metres - or more than a mile of fencing - had been erected on Fahy's private farmland.

Fahy had accused the council roads section of trying to frame him.

He said he repaid €7,000 to the council as well as a fine or penalty of a €3,000 contribution to a local charity imposed by the county manager.

Fahy was first elected as a Fianna Fáil member of Galway County Council in 1979, but he resigned from the party in 2004.