If witnesses who said they received advice on how to evade tax from Ms Beverly Cooper-Flynn concocted their stories as alleged, they have volunteered their own destruction, the High Court heard today.
Mr Kevin Feeney SC, counsel for RTÉ and Mr Charlie Bird, said the jury should be satisfied that in relation to evidence from witnesses - including Mr Patrick Duff, a farmer and businessman from Bailieboro, Co Cavan, and Ms Joy Hawe, Dublin Road, Monaghan - Ms Cooper-Flynn was aware money she was dealing with was undeclared to the revenue.
Summing up the case for the defence, Mr Feeney rejected that there was a conspiracy at work. He said Ms Hawe was identified as being a suitable candidate for investment by her bank manger at Monaghan National Irish Bank in 1992. She sought financial advice from Ms Cooper-Flynn and subsequently invested £84,630 sterling in the CMI Personal Portfolio.
He said that in evidence Mr Duff admitted he invested £168,000 from his bogus non-resident account in a CMI Personal Portfolio in 1996 after advice from Ms Cooper-Flynn.
Mr Feeney said Ms Cooper-Flynn’s approach to the case had been to dare anybody to come into the public arena and say they were a tax-evader. Ms Cooper-Flynn hears no evil and sees no evil because she can’t the recognise the reality of what was going on, Mr Feeney said.
He said the detailed evidence given by Ms Marina Howard rendered Ms Cooper-Flynn’s categorical denial that she had ever met Marina’s father - retired farmer, Mr James Howard - utterly incredible.
Mr Feeney said Ms Cooper-Flynn had stated in evidence that she was a financial advisor, offering independent investment advice. But he asked how had she operated as an advisor when she had also stated in evidence that she never inquired where the money was invested, the levels of risk or the rate of return.
Mr Feeney said there was a compelling reason why Ms Cooper-Flynn would not want or need to know about these details - if both sides knew they were dealing with "hot money".
Mr Feeney said the reputation that Ms Cooper-Flynn ought properly to have is one of someone who would induce people to evade tax.
Earlier, Mr Feeney told the jury there were three questions which they had to answer. The first question was: Have the defendants proved that Ms Cooper-Flynn induced Mr Howard to evade his lawful obligations?
The second question: Have the defendants proved that Ms Cooper-Flynn advised or encouraged other persons to evade tax?
The final question: In the view of these findings, has the reputation of Ms Cooper-Flynn suffered criminal damage?
Ms Cooper-Flynn is suing RTÉ journalist Mr Charlie Bird and retired farmer Mr James Howard of Wheaton Hall in Drogheda in Co Louth.
She claims she was libelled in broadcasts on RTÉ between June 19th 1998 and July 1st 1998 and words used on the programme claimed she had instigated a scheme the object of which was the evasion of the lawful payment of tax.
The summing up continues tomorrow.
