Criminal defence lawyer denies theft of €400 from Spanish man and four counts of attempting to pervert course of justice
A criminal defence solicitor has gone on trial accused of theft and attempting to pervert the course of justice.
Legal firm Darcy Horan were assigned to Mr Sanz under the legal aid scheme, but they did not have a representative at the Criminal Courts of Justice when the case went to court, and an arrangement was made for Mr O’Higgins to stand in and represent the defendant, he said. When Mr O’Higgins returned to the courtroom, €200 was paid and the case against Mr Sanz was struck out.
Following this, Mr O’Higgins emailed scans of a two-page document that purported to be contemporaneous notes made while he was representing Mr Sanz. These notes stated Mr Sanz agreed to and instructed the withdrawal of €600 and that Mr O’Higgins handed him €400 in an envelope. Mr O’Higgins told gardaí he divided the money into two sums, describing the €400 as “contingency money”. He accepted he had not sought his client’s consent, but believed it was inferred from the circumstances. Mr O’Higgins maintained that he put the €400 into an envelope and gave it to Mr Sanz.
He said Mr O’Higgins told the presiding judge that Mr Sanz wished to plead guilty. The judge made a ruling before any facts were outlined that he would strike the case out if €200 was paid.
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