THE trial has opened of a Limerick solicitor charged with one count of making gain by deception in November 2002 where he is accused of having a woman “hand over a bank draft for €7,500”. 58-year-old Denis McMahon, from Limerick but with an address Pembroke Road, Dublin 4, was a partner at the firm McMahon O’Brien Downes at the time of the alleged incident. A jury of six women and six men were sworn after Judge Pauline Codd warned members of the panel not to serve on the jury if they had strong views on solicitors or the legal profession. She also warned persons not eligible or those disqualified against serving during this trial.
Mr McMahon is charged under the provisions of Section 6 of the Criminal Justice, Theft and Fraud Offences, Act, 2001 where the offence is said to have happened at the firm’s offices on Henry Street, Limerick. As the trial opened this Tuesday, Mr McMahon pleaded not guilty when he was arraigned before the court.
It is alleged that he “dishonestly and by deception” induced Margaret Duggan of Ballina, County Tipperary, a client of the firm at the time, to “hand over a bank draft for €7,500 with the intention of making gain for himself or another”.
Sean Gillane, SC, outlined to the court that it was the State’s case that accused solicitor was a member of the firm at the time of the incident and that the prosecution would be calling a number of witnesses.
Senior gardai, including Chief Superintendent Gerard Mahon, Superintendent Frank O’Brien as well as detective gardai from Henry Street and Roxboro, together with bank officials, accountants, a solicitor from another Limerick firm and three witnesses from the Law Society, are all to give evidence in the case.
Mr McMahon is represented by Brendan Grehan SC and Brian McInerney, in the trial that is expected to last into next week.
