A Limerick solicitor has been found not guilty by a jury as directed by a trial judge in a case of deception involving a bankdraft worth €7,500 belonging to a client.
Denis McMahon, 58, of Pembroke Road, Dublin, and formerly of the North Circular Road in Limerick city, denied the charge of making gain by deception in relation to a client account in the offices of McMahon O’Brien Downes on Henry Street in the city on November 27, 2002.
Judge Pauline Codd at Limerick Circuit Court outlined this Thursday afternoon that the trial could not proceed any further due to crucial evidence missing in the case and directed the jury to find the accused not guilty.
Judge Codd said she was satisfied that a “grave prejudice” would have been suffered by Mr McMahon if it proceeded.
She said the unavailability of evidence from a witness, who is now deceased and was not interviewed during investigations by the gardai, would have caused prejudice to the case “such that Mr McMahon would have been at risk of an unfair trial.”
During the three-day hearing, Mr McMahon’s defence admitted that he offered a woman €20,000 to drop her claim to the gardai to save his legal firm from suffering further disrepute.
For more on this story see Monday’s Limerick Leader newspaper.