There was “nothing sinister” about the handling of a Co Mayo land transfer at the centre of findings of professional misconduct made against him, suspended solicitor Declan O’Callaghan has told the High Court.
No sum of €250,000 “was received by me or anyone else” in relation to the December 2006 transfer of lands near Kilkelly, Mr O’Callaghan said.
He has been dealing for 15 years with businessman Tom Fleming’s complaint made against him over the matter, he said. “I did not take any money.”
Mr Fleming is wrong in claiming the transfer deal meant €250,000 was to be paid to his company, Nirvanna Property Holdings, for the lands, he said. “There was no ginormous conspiracy to do out Nirvanna, there was nothing sinister.”
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Mr O’Callaghan gave evidence on Thursday in his appeal against four professional misconduct findings made against him last year by the Solicitor’s Disciplinary Tribunal arising from his handling of the land transfer.
The three-member tribunal recommended Mr O’Callaghan be struck off the roll of solicitors, but a strike-off application by the Law Society to the High Court is on hold pending the outcome of the appeal.
Mr O’Callaghan has been suspended since 2018 arising from a separate Law Society investigation into matters at his now defunct practice Kilrane O’Callaghan & Co, based in Ballaghderreen, Co Roscommon. Concerns raised in an independent solicitor’s report included that he withdrew substantial fees from the estate of a bereaved child.
After evidence in the appeal concluded on Thursday, Mr Justice Micheál P O’Higgins directed the parties to provide written submissions to the court, after which he will begin preparing his judgment.
In opposing the appeal, Mr Fleming’s barrister Ruadhán Ó Ciaráin argued that a deed for transfer of the lands from Nirvanna to Fred Preston was executed on December 20th, 2006, the lands did transfer and Nirvanna was entitled to payment of €250,000 but never got the money.
Mr O’Callaghan, represented by barrister Michael Mullooly, argued that the land transfer was to satisfy some of the security requirements of Bank of Ireland (BoI) for financing Western Concrete, a joint business venture between Mr Fleming and Mr Preston.
There was “never any question” of €250,000 being paid and the reference to a “consideration” of €250,000 in the transfer deed related to a valuation of the lands, he argued.
In evidence on Thursday, Niamh Creighton, a solicitor partner in Mr O’Callaghan’s firm from 2006-2010, said she had prepared documents required to secure the BoI loan to Western Concrete, including a first legal charge over the Nirvanna lands, and regarded the matter as a joint business venture between the Fleming and Preston sides with each having a 50 per cent share at the end of it
Historically, Mr O’Callaghan was Mr Fleming’s solicitor and she regarded Western Concrete and Mr Preston as her clients, she said. She saw no difficulty with that and did not tell Mr Fleming to get another solicitor.
Close to Christmas 2006, Mr Fleming and Mr Preston wanted to have the land transfer executed and the money transferred from the bank, she said. She would have explained the transfer deed to them.
Mr Preston had referenced a nominal €1 as consideration for the land transfer but, after the bank sought the inclusion of €250,000 as consideration, he told her that was in order and she drew up the transfer document.
After the deed was executed on December 20th, 2006, she believed the bank transferred €250,000 straight to the account of Western Concrete, but added she “might be wrong” about that. The overall loan was bigger, she said.
In cross-examination, she said she never saw accounts of Western Concrete to verify her belief €250,000 was lodged to it.
She disagreed that she had not properly advised the Fleming side in relation to the transfer deed document or the transaction.
Mr Justice O’Higgins noted no complaint had been made against Ms Creighton and she was in court as a witness.
