The former managing director accused of stealing more than €570,000 from Bank of Ireland Private Bank told his solicitor it was “not accurate or fair” to say he had indicated the bank was paying some of his legal fees.
Brendan Mullin told Roddy Bourke, litigation partner with McCann Fitzgerald solicitors, in April 2013 that he had said from the start he had the required funds set aside and he had personal responsibility for the fees incurred, Dublin Circuit Criminal Court heard on Tuesday.
Mr Bourke gave evidence he told Brendan Mullin it was obvious from his instructions in the file that he was getting assistance from Bank of Ireland for his legal fees.
Mr Mullin (60), a former Ireland rugby international of Stillorgan Road, Donnybrook, Dublin 4, who is accused of stealing over €570,000 from Bank of Ireland Private Bank among other charges, denies all 15 charges against him.
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As part of its case against him, the prosecution alleges Mr Mullin authorised payments by the bank to solicitors McCann Fitzgerald – among other companies – for work that was carried out either for his company, Quantum Investment Strategies, or for him personally.
Continuing his evidence, Mr Bourke told Dominic McGinn SC, prosecuting, Bank of Ireland had contacted McCann Fitzgerald at the end of March 2013 raising queries about the series of invoices relating to Mr Mullin and seeking the firm’s input as to how they were sent.
Mr Bourke said he met Mr Mullin twice again on April 4th, to discuss what communication McCann Fitzgerald was having with the bank.
Mr Bourke said he brought Mr Mullin through the questions raised by the bank and McCann Fitzgerald’s proposed answers to the questions “document by document”.
“We went through every single part,” Mr Bourke said.
The court heard Mr Mullin’s only concern with the response was one sentence which stated: “It was our understanding from Mr Mullin that the bank would pay a portion of his legal fees.”
“He told you that you had known he had indicated from the start that he had set aside the required fees,” Mr McGinn said. Mr Bourke agreed that was what Mr Mullin said.
Mr Bourke informed Mr Mullin he was not going to alter what was proposed in the response.
After that meeting, Mr Mullin emailed Mr Bourke to say the wording stating he had indicated the bank would pay some of his fees was “not accurate or fair”.
Nearly three weeks later, Mr Mullin emailed Mr Bourke on April 24th, 2013, stating he had no input and “did not even have sight” of the bank’s memo when they were discussing it. He said the copy he saw was “significantly different” to what was ultimately sent.
In an unredacted version of the same email, which was later shown to the jury under cross-examination, Mr Mullin said he must express his “complete amazement” that McCann Fitzgerald would consider this meeting as being chargeable to his account.
Mr Bourke agreed with Brendan Grehan SC, defending, that he did not provide Mr Mullin with a copy of the memorandum from the bank, but said Mr Mullin was “fully aware of the contents” and that they went through it “line by line”.
He said Mr Mullin’s assertion he did not have sight of the memo was “complete news” to him.
The trial continues before Judge Martin Nolan and a jury.
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