THE GARDA fraud squad is seeking a High Court order allowing it to keep documents allegedly handled by struck-off solicitor Thomas Byrne relating to nine properties. Detectives need the conveyancing documents for their investigation into alleged forgery, the court was told.
The properties – part of a single development at Greenhills Road, Walkinstown – were registered with Bank of Scotland (Ireland), allegedly on the strength of undertakings given by Mr Byrne acting as a solicitor.
After Mr Byrne’s practice was closed down in 2007, 11 complaints were lodged with the Garda Bureau of Fraud Investigation and a receiver, William O’Riordan, was appointed by the bank to the properties.
In separate proceedings yesterday, Mr O’Riordan’s application for an order to obtain deeds to the nine properties was adjourned while the Garda Commissioner secured permission to challenge a district judge’s decision requiring the return of the conveyancing documents to the Law Society.
The society had taken possession of the conveyancing documents among a range of other material when Mr Byrne’s practice was closed in 2007 and later handed them over the Garda.
In the first proceedings, the president of the High Court, Mr Justice Richard Johnson ruled the receiver’s application to obtain the deeds would have to take second place to the Garda investigation.
Caroline Costello, for the receiver, said it was not possible to sell the properties without the deeds. Interest running into millions of euro was accruing and this did not just involve the bank but also a number of people who had taken out mortgages on the properties on foot of alleged undertakings from Mr Byrne, counsel said.
The receiver accepted there were also allegations of forgery relating to documents, counsel added. Róisín Lacey, for the Garda, said it had received 11 complaints and was “expecting more”. It was vital to the investigation that it retained the documents although it was happy to allow orderly inspections, counsel said. There had already been 43 inspections by 18 solicitors’ firms.
Mr Justice Johnson said this was not a conveyancing problem but a criminal problem and he was not prepared to limit the Garda investigation. He adjourned the application by the receiver until May 11th. In later proceedings before Mr Justice Michael Peart, Ms Lacey, for the Garda Commissioner, was given leave to bring judicial review proceedings aimed at overturning District Judge Timothy Lucey’s order of February 11th last that the documents be returned to the Law Society.
Ms Lacey said the application was on grounds including that the judge had acted unreasonably in failing to take account of the State’s right to prosecute crime and to safeguard and preserve evidence. The chain of evidence was vital to maintain the integrity of an investigation, counsel said.
Mr Justice Peart said his order granting leave to bring the proceedings would also act as a stay on Judge Lucey’s decision pending the outcome of the case.