The Court of Appeal has ordered a retrial for Anglo Irish Bank’s former chief operations officer Tiarnan O’Mahoney following the quashing of his conviction last month.
Mr O'Mahoney (56) of Glen Pines, Enniskerry, Co Wicklow, along with Bernard Daly (67), of Collins Avenue, Whitehall, Dublin, had denied knowingly furnishing false information and conspiring to defraud the Revenue as well as conspiring to have accounts deleted from the bank's internal system.
The Court of Appeal quashed the former executives’ convictions last month.
The case returned to the Court of Appeal on Tuesday to determine whether Mr O’Mahoney should face a retrial on the alleged conspiracy offences and to hear arguments on the question of legal costs for both former Anglo officials.
Mr Justice George Birmingham said that where a conviction has been quashed for matters at trial that are capable of being remedied, justice would lean toward a retrial.
Ordering the provision of a retrial for Mr O’Mahoney, Mr Justice Birmingham said there were no particular circumstances in this case that would require or justify a departure from the norm.
He awarded Mr O’Mahoney costs for the appeal and ancillary applications but not for the original trial. In Mr Daly’s case, the court awarded costs for his trial, appeal and bail applications.
