A criminal defence solicitor has gone on trial accused of theft and attempting to pervert the course of justice.
Cahir O’Higgins (49), of Cahir O’Higgins and Company, Kingsbride House, Parkgate Street, Dublin has pleaded not guilty of the theft of €400 on July 30th, 2016 at a Londis shop on Parkgate Street.
He also pleaded not guilty to four counts of perverting the course of public justice contrary to common law, on December 8th and December 17th, 2017, within the State and at the Bridewell Garda station in Dublin.
Opening the prosecution’s case on Tuesday afternoon, Eoin Lawlor SC told jurors that Mr O’Higgins is a criminal defence solicitor with 20 years’ experience. He said the alleged injured party in this case is Raul Sanz, a Spanish national, who was a defendant in a case before the Dublin District Court on July 30th, 2016.
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Legal firm Darcy Horan were assigned to Mr Sanz under the legal aid scheme, but they did not have a representative at the Criminal Courts of Justice (CCJ) when the case went to court, and an arrangement was made for Mr O’Higgins to stand in and represent the defendant, he said.
Mr Lawlor said the presiding judge was told by Mr O’Higgins that his client wished to plead guilty and agreed to strike out the case against Mr Sanz if €200 was paid. Mr O’Higgins then volunteered to withdraw the money.
Mr Sanz’s bank card and PIN were obtained by the investigating garda and given to Mr O’Higgins, who then went to the Londis shop on Parkgate Street, the court heard.
Mr Lawlor said it is the State’s case that Mr O’Higgins made three withdrawals totalling €600 from the ATM in the shop. It is alleged Mr O’Higgins placed €200 into papers he was holding, and put the balance of €400 into his pocket.
When Mr O’Higgins returned to the courtroom, €200 was paid and the case against Mr Sanz was struck out.
Mr Lawlor said Mr Sanz was brought from the holding area to the ground floor of the CCJ, where Mr O’Higgins told the garda he needed to have a private consultation with his client. This took place without an interpreter
Mr Lawlor said Mr Sanz became aware Mr O’Higgins had withdrawn a sum of money in addition to the €200 to pay for his services. He said there was no receipt or invoice from Mr O’Higgins “reflecting any money having been paid for services rendered, if that is the purpose for which he kept the money.”
The court heard Mr O’Higgins does not accept that he kept the €400.
Darcy Horan solicitors subsequently made a claim to the legal aid scheme in relation to this case.
Mr Lawlor said gardaí started an investigation after a complaint was made and on December 8th, 2017, Mr O’Higgins was invited to attend a voluntary cautioned interview.
Following this, Mr O’Higgins emailed scans of a two-page document that purported to be contemporaneous notes made while he was representing Mr Sanz. These notes stated Mr Sanz agreed to and instructed the withdrawal of €600 and that Mr O’Higgins handed him €400 in an envelope.
On December 17th, 2017, Mr O’Higgins attended the Bridewell Garda station for a voluntary interview with gardaí and handed over the original of these notes. Mr O’Higgins told gardaí that Mr Sanz gave consent for €600 to be withdrawn.
Mr Lawlor said gardaí then showed Mr O’Higgins CCTV footage from July 30th, 2016.
At this point, Mr O’Higgins said he would be “candid” and admitted the notes were not contemporaneous, but drawn up some time later.
Prosecuting counsel said Mr O’Higgins told gardaí that these notes contained “untruths” and were drawn up due to concerns about a potential Law Society investigation.
Mr Lawlor said Mr O’Higgins made a prepared statement to gardaí in early 2018 in which he accepted he had withdrawn €600. He said he did this as he understood the investigating garda intended to ask the District Court judge to re-open the case and he formed the view that the judge, whom the accused described as “unpredictable”, may increase the fine or request compensation be paid.
Mr O’Higgins told gardaí he divided the money into two sums, describing the €400 as “contingency money”. He accepted he had not sought his client’s consent, but believed it was inferred from the circumstances. Mr O’Higgins maintained that he put the €400 into an envelope and gave it to Mr Sanz.
After he was charged on April 7th, 2020, Mr Lawlor told the jury that Mr O’Higgins replied that he was “surprised by this allegation, I’m not guilty and I will answer it at the appropriate time”.
Garda Tao Yu gave evidence that he arrested Mr Sanz in the early hours of July 30th, 2016 for criminal damage after a fire started in a toilet cubicle at Dicey’s nightclub. He said Mr Sanz was taken to Pearse Street Garda station and was initially deemed unfit for interview due to intoxication.
Garda Yu said Mr Sanz was later interviewed with a solicitor and a Spanish interpreter present. Mr Sanz admitted the offence, was charged and brought before a sitting of the district court at the CCJ at about 4.30pm.
He said Mr O’Higgins told the presiding judge that Mr Sanz wished to plead guilty. The judge made a ruling before any facts were outlined that he would strike the case out if €200 was paid.
Garda Yu said he obtained permission from Mr Sanz with the help of the interpreter, then retrieved his bank card and got his PIN. He said he handed the bank card and PIN to Mr O’Higgins, who then left the courtroom. Mr O’Higgins returned, and after the fine was paid, the judge struck out the case.
Garda Yu said he brought Mr Sanz back to the custody area, retrieved his property then brought him to the ground floor of the CCJ. He saw Mr O’Higgins with another garda and walked towards them with Mr Sanz.
Mr O’Higgins then told him he needed to consult privately with his client. Garda Yu said he saw the interpreter leaving the courtroom and pointed this out to Mr O’Higgins, who replied that his client should be okay.
The witness agreed with Mr Lawlor that the Spanish interpreter had been present during Garda interview and the court proceedings.
Under cross-examination, Garda Yu told Michael O’Higgins SC, defending, that he could not remember if he had any conversation with Mr O’Higgins about applying to the judge to re-open the case, after the judge had indicated he would strike it out if €200 was paid.
Garda Yu accepted he “could have” intended to ask the judge to re-open the case, but repeated that he did not know and could not remember. The witness also told defence counsel that he could not recall if he saw Mr O’Higgins hand anything to Mr Sanz.
The trial is expected to last six days and continues before Judge Martin Nolan and a jury.
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