The State will not have to pay the legal costs of former Anglo Irish Bank chairman Seán FitzPatrick arising from his recent criminal trial, a judge has ruled.
Judge Martin Nolan today rejected an application by Mr FitzPatrick's legal team which said he should not be liable for the cost of defending himself during the 48-day trial after which he was acquitted on all charges.
The judge sided with lawyers for the State who had challenged the costs application and questioned whether Mr FitzPatrick had even paid his own legal fees.
Paul O’Higgins SC asked how Mr FitzPatrick, who was an undischarged bankrupt during the trial, was able to pay his costs.
He said that a requirement for the granting of costs is that the defendant actually had to bear those costs. Therefore, he said, there is a question as to whether Mr FitzPatrick is under a legal liability for costs.
Mr O’Higgins added that costs should not be awarded because of the public interest in bringing the prosecution. “For this reason the appropriate order is that there should be no order (for costs),” he said.
Mr FitzPatrick’s counsel, Michael O’Higgins SC, was seeking the entire costs arising from the 48-day trial and preparations.
The defence team included two junior and one senior counsel as well a solicitor. Mr O’Higgins described the legal bill as “enormous” but did not specify a figure. Counsel asked where the justice would be “in letting Mr FitzPatrick leave the courtroom with his pockets bulging with a huge legal bill.”
Last March, Mr FitzPatrick was acquitted of 16 counts of providing illegal loans to the Quinn family and the Maple Ten group of investors.
His fellow Anglo directors Pat Whelan and William McAteer were convicted on ten counts of providing illegal loans to the Maple Ten to prop up the Anglo share price. Their sentence will be finalised next month.