Former assistant Dublin City and County manager, George Redmond, was given leave by the Court of Criminal Appeal yesterday to call new evidence in his appeal, to be heard this Friday, against his conviction for corruption.
The new evidence relates to the bank accounts of garage owner Mr Brendan Fassnidge for a period in the late 1980s. Redmond claims the accounts do not support Mr Fassnidge's claim that Redmond accepted a £10,000 bribe from him regarding sale of a right of way.
Ruling yesterday that Redmond could adduce the evidence, Ms Justice Denham, presiding over the three-judge court, said the court was satisfied it could give rise to an injustice if Redmond were not given the opportunity to call the evidence in question. The court would also permit Redmond to argue that his conviction was unsafe in light of the new evidence of Mr Fassnidge's bank records.
The court directed that a bank manager, Mr Padraic Brennan, of Bank of Ireland, Blanchardstown, attend to produce the records and that the bank records of Mr Fassnidge in his own name or any company for the period March 1st, 1988 to April 7th, 1988, should be in court on Friday.
Giving the court's decision yesterday on the new evidence application, Ms Justice Denham referred to an affidavit of a solicitor, Ms Clara O'Callaghan, for Redmond, which stated that Redmond was tried and convicted on two counts of corruption.
Both counts arose from one incident when it was alleged Mr Fassnidge gave £10,000 in cash to Redmond in or about March 1988 in return for assistance in the purchase of a right of way. Redmond was convicted on a 10-2 majority.
In her affidavit, Ms O'Callaghan said a former manager at Bank of Ireland, Blanchardstown - Mr Paul Sheeran - had given evidence suggesting there were records in existence in relation to Mr Fassnidge.
After Redmond was convicted and sentenced, Ms O'Callaghan said she wrote to the office of the Director of Public Prosecutions last January seeking such documents.
She had now received the bank records of Mr Fassnidge at Blanchardstown and it appeared these did not support Mr Fassnidge's allegation against Mr Redmond.
Ms Justice Denham, sitting with Mr Justice O'Donovan and Mr Justice Quirke, said Mr Fassnidge was the prosecution's "core" witness.
Counsel for Redmond had submitted that the present application arose as a result of the furnishing of additional evidence by the prosecution last month. The additional evidence was the bank records of Mr Fassnidge from Bank of Ireland, Blanchardstown.
Strictly speaking, it was those records which were sought to be adduced and witnesses were merely necessary to prove the records, and deal with how they came into being or were retrieved.
The reason the records were not available was because the prosecution never procured the records despite having a written authorisation from Mr Fassnidge permitting them to do so, Redmond had submitted. No adequate explanation was provided as to why the prosecution did not pursue the records.
The DPP had argued the prosecution had made full disclosure to the defence in advance of the trial. Contrary to what was asserted by Redmond, the DPP argued that the prosecution had never informed him or his lawyers in advance of the trial that there were no bank records in existence in relation to Mr Fassnidge.
Ms Justice Denham said the CCA was satisfied that the bank records were new evidence which was not available at the trial. This evidence was admissible, relevant and material to the principal issue in the trial.