Seán FitzPatrick warrants deemed unlawful, court hears

Warrants used when collecting evidence from Anglo Irish Bank in an investigation into its former chairman have been deemed unlawful and unconstitutional, a Dublin court has heard.

The warrants were used in 2009 in the investigation into suspected offences by Seán FitzPatrick.

The court has also heard that other warrants used to collect evidence from Irish Nationwide Building Society have also been deemed unlawful and unconstitutional.

However the court's ruling has been deemed to have no effect, Bernard Condon SC, for Mr FitzPatrick, put to the first witness to give evidence before the jury, Dec Sgt Brian Mahon, in the trial of Mr FitzPatrick.

Dec Sgt Mahon said he understood that to be the case.

The hearing of evidence before the jury in the trial of Mr FitzPatrick, began on Wednesday, more than three months after the jury was empanelled.

Mr FitzPatrick (68), of Whitshed Road, Greystones, Co Wicklow, has pleaded not guilty to 27 charges under the Companies Act 1990 relating to the misleading of the bank’s auditors, Ernst & Young, in relation to multi-million euro loans he had from the bank between 2002 and 2008.

The jury in the case was empanelled in September and it was originally envisaged that the trial would be over by Christmas. However, it has been delayed by extended legal discussion in the absence of the jury.

The case is hearing from Garda officers who were seconded to the Office of the Director of Corporate Enforcement and were involved in collecting evidence. Dec Sgt Mahon said the visits to the financial institutions were pre-arranged and led to large amounts of information, including electronic information, being removed.

The hearing in the Dublin Circuit Criminal Court, before Judge John Aylmer continues.