Suspended solicitor's appeal over professional misconduct finding to be heard in July
A date has been fixed next month for an appeal by suspended solicitor Declan O'Callaghan over findings of professional misconduct in connection with his handling of a land deal in Co Mayo.
On Friday, the president of the High Court, Mr Justice David Barniville, set a provisional hearing date of July 23rd for the appeal.
Barrister Michael Mullooly, for Mr O'Callaghan, said he expected it to run for two days and Mr O'Callaghan would be among his side's witnesses.
Barrister Ruadhán Ó Ciaráin, for Nirvanna, the concrete products manufacturer that brought the complaint against Mr O'Callaghan over the 2007 land deal to the Solicitors Disciplinary Tribunal, said it is expected to call two witnesses at most.
READ MORE
Last month, Mr Justice Barniville rejected a challenge by Mr O'Callaghan over the procedures adopted by the tribunal in reaching its findings last year of professional misconduct over the 2007 deal.
On Friday, he made an order requiring Mr O'Callaghan to pay Nirvanna's costs in opposing that application.
The rejection of Mr O'Callaghan's judicial review-type challenge cleared the way for the hearing of his full appeal. If he loses that appeal, the High Court will then consider whether or not to grant an application by the Law Society to strike him off.
The society has agreed with the tribunal recommendation that Mr O'Callaghan be struck off, but the final decision on whether or not to grant a strike-off order must be made by the High Court president.
The three-member tribunal last summer found Mr O'Callaghan guilty of four counts of professional misconduct over his handling of the 2007 land deal involving Nirvanna, a company of Co Mayo businessman Tom Fleming.
[
Declan O'Callaghan: No end in sight as saga of suspended solicitor continues
Opens in new window
]
Now aged 80, Mr Fleming claimed Nirvanna never received €250,000 for selling the land to a now-deceased businessman. Mr O'Callaghan denied the sum was owed, and disputed the transaction was for 'sale' of the lands.
The tribunal upheld the Nirvanna complaint, finding professional misconduct on grounds Mr O'Callaghan breached his duty of care to the company, provided inadequate professional services, and purported to act for vendor and purchaser in a transaction where there was 'a clear conflict of interest'.
In recommending strike-off, it had regard to two findings of professional misconduct previously made by it in 1990 and 2019 against Mr O'Callaghan.
He has been suspended as a solicitor since 2018 arising from a separate Law Society investigation into matters at his now-defunct practice Kilrane O'Callaghan & Co, which was based in Ballaghaderreen, Co Roscommon.
The suspension was imposed pending a tribunal hearing of the society's application for an inquiry into matters arising from its investigation.
Concerns raised in an independent solicitor's report for that investigation included that Mr O'Callaghan withdrew substantial fees from the estate of a bereaved child.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Irish Times
3 hours ago
- Irish Times
The Irish Times view on Israel's international reputation: sliding ever downward
Slowly but perceptibly, the relentless flow of images of horror and suffering from Gaza is hardening opposition to Israel's actions there, even among those traditionally considered the country's staunchest supporters. The shift will be unacceptably slow for anyone desperate to stop the killing, while it appears to have had little effect as yet on the brutal tactics of Israeli forces. But it represents a change of attitude among international political leaders and their voters that could have far-reaching consequences for the region. A YouGov poll this week showed support and sympathy for Israel in western Europe at its lowest ever level. Less than 20 per cent of respondents held a favourable opinion of the country. In what the Israeli newspaper Ha'aretz described as 'a rebuke typically reserved for pariah regimes,' the UK has suspended free trade negotiations. Along with Canada and France, it has also threatened 'concrete actions' in response to what Keir Starmer describes as Israel's 'appalling' actions. Even Germany issued its harshest criticism since the war began with the Hamas attack of October 7th 2023, Chancellor Friedrich Merz saying he 'no longer understands' Israel's goals in Gaza. Ireland has been among the most vociferous EU opponents of the war and a further landmark arrived this week with Trinity College Dublin's decision to sever all ties with Israeli companies and universities. It remains to be seen whether other institutions follow suit, but the move, while largely symbolic, is significant nonetheless. READ MORE Supporters of Binyamin Netanyahu's government are quick to paint such gestures as anti-Smitic. It is true that the scourge of anti-Semitism can be found among some elements of the anti-war movement, as recent violent attacks in the US have shown. But the accusation that all protests are driven by hatred of Jews rather than humanitarian concern does not stand up to scrutiny. The charge wears even thinner given opposition in Israel itself. Former prime minister Ehud Olmert has described his country's actions as a war crime. Hundreds of former operatives of the intelligence agency Mossad, including three retired heads, have accused Netanyahu of continuing the violence for selfish political reasons, to satisfy far-right members of his government. These comments may reflect a rising awareness among some of the country's elite that what is happening in Gaza is not just an appalling tragedy for Palestinians. It also threatens to become a disaster for the state of Israel. With the governing coalition under the sway of far-right racist ministers who have no respect for international law or for the human rights of those they deem 'barbarians', Israel drifts ever further away from the liberal democratic values it purports to share with its increasingly sceptical friends and allies.
Irish Times
4 hours ago
- Irish Times
The Irish Times view on domestic planning exemptions: room to improve
Reports this week on on proposed adjustments to current planning exemptions brought to Cabinet by Minister for Housing James Browne have focused on the idea of making it easier for families to make alterations to their proerties in order to facilitate accommodation for older relatives. The proposal follows earlier musings by Minister of State John Cummins about the merits of permitting modular living spaces to be installed in gardens for this purpose. The details that emerged this week added the spectre of older family members being dispatched to the attic to that of them being banished to the bottom of the garden. In truth, the idea is a good one if executed well, offering greater flexibility for families to make appropriate changes to their properties at different life stages. Increased longevity and smaller family sizes mean the standard three or four-bed 20th century suburban home may no longer be appropriate for some 21st century lifestyles. If the new exemptions were to lead to a moderate increase in population density in mature suburbs, that would be no bad thing, although some research from Australia suggests measures of this sort can drive up house prices even further, deepening the emerging generational divide between property owners and those who can never afford to buy. All of this should be taken into account in the public consultation which is due to take place over the summer. Whatever the outcome of that process, the regulations need updating. Much has changed since they were last amended. In particular, the State has been eager to encourage lifestyle changes that protect the environment and mitigate climate change. Many of these have implications for domestic residences. Current restrictions on insulation or structures to house bikes and bins should be adjusted accordingly. READ MORE A further benefit would be to remove some of the pressure on the over-burdened planning system. In fact, dispensing with excessive or archaic regulations wherever they occur should be an absolute priority across the system as a whole.
Irish Times
4 hours ago
- Irish Times
Prominent businessman loses bid for reporting restrictions on £1bn loan fraud trial
A prominent Belfast businessman accused of fraud in relation to a £1 billion (€1.2 billion) loan deal has been unsuccessful in his bid to have reporting restrictions imposed on the trial. Frank Cushnahan has pleaded not guilty to all charges. He had sought to have reporting restrictions put in place during the trial. His co-accused, Ian Coulter, has also pleaded not guilty to all charges. Mr Coulter did not seek to have reporting restrictions applied. The charges against the men relate to the sale of a loan book held by the National Asset Management Agency (Nama), which was set up by the Irish government to deal with toxic property loans after the banking crisis in 2008. READ MORE Mr Cushnahan had sought an order from the court pursuant to section 4 (2) of the Contempt of Court Act 1981, which states that reporting on certain proceedings may be postponed if there is 'a substantial risk of prejudice to the administration of justice in those proceedings'. In dismissing the application, Mr Justice Ian Huddleston of the Crown Court of Northern Ireland said there was 'no substantial risk to the applicant on the facts'. He said there is 'substantial public interest' in the trial. 'The public interest in fair and accurate reporting of criminal trials generally, and the promotion of public confidence in the administration of justice and the rule of law, is something which very much tends to the dismissal of the application,' the judge said. Nama's Northern Ireland loan book was sold to a US investment fund in 2014. Mr Cushnahan, a former member of Nama's Northern Ireland advisory committee, is charged with fraud for allegedly failing to disclose information to Nama between April 1st and November 7th, 2013. Mr Coulter, a solicitor, is alleged to have made a false representation to a law firm on or around September 11th, 2014. He is also charged with making an article in connection with a fraud, namely a £9 million invoice, and two counts of concealing or transferring criminal property on various dates in 2014. Both men are accused of making a false representation to Nama and a law firm in April 2014. They deny all charges. In his written judgment, which was delivered on Wednesday, Mr Justice Huddleston said: 'The application to this court was essentially by way of written submissions made by Mr Cushnahan's counsel as expanded upon orally but acknowledged by him to be unsupported by any evidential basis or other supporting information.' Mr Cushnahan was represented by Frank O'Donoghue KC and Bobbie-Leigh Herdman BL, instructed by Paul Dougan from John J Rice Solicitors. Four media organisations intervened in the case – The Irish Times, RTÉ, BBC and Mediahuis. They were represented by Richard Coghlin KC, instructed by Fergal McGoldrick of Carson McDowell LLP. Jonathan Kinnear KC and Lauren Cheshire BL, instructed by the Public Prosecution Service, supported the media interveners' submissions.
