A WOMAN has told a trial jury at Limerick Circuit Court that she was paid €20,000 to drop a complaint against a solicitor accused of deception.Denis McMahon (58) denies the charge that he dishonestly and by deception induced a client of his company, McMahon O’Brien Downes, to “hand over a bank draft for €7,500 with the intention of making gain for himself or another”.
Mr McMahon was a partner at the firm based in Henry Street, Limerick when in 2002 he was approached by the woman to represent her in a civil action seeking damages for a work related injury.
Margaret Duggan (58) of Hillview, Doon, County Limerick suffered back injuries in an incident relating to her work with Westgo Cleaners. In October 2002, she was told by Denis McMahon that the insurers had offered €50,000 to settle the matter but he advised her to reject that offer as he felt they would increase it to €57,500.
Some weeks later she called to the offices of McMahon O’Brien Downes where she collected a cheque for €65,000 made out in her name. Mr McMahon said he trusted her to return with a bank draft, payable in her own name for €7,500. She did this and thought no more about it as she felt it was “normal practice” for the payment of legal fees.
However, three years later, “certain matters came to light” and she wrote to Mr McMahon seeking full disclosure and written confirmation of the award and costs as she believed he had been awarded costs separate to the €65,000 settlement.
In his outline to the jury, State prosecutor Sean Gillane SC said the trial would hear evidence that costs in excess of €16,000 were awarded for Ms Duggan’s legal representation through Mr McMahon.
When she queried the matter, she received a response from Mr McMahon “basically saying that I was chancing my arm”. She wrote to the Law Society and received a letter from Denis McMahon rejecting claims that there were improprieties relating to his handling of the matter.
Mr McMahon said he had no recollection of a bank draft and pointed out inconsistencies with the details of Ms Duggan’s correspondence. He strongly refuted the claims and called them “unfounded and opportunistic”.
He said that Ms Duggan, in her letter to the Law Society, claimed that his firm “was corrupt, along with all the legal profession”.
In 2006, Ms Duggan made a complaint to gardai and gave a statement outlining her claims. However she said that in April 2008 she was paid €20,000 to withdraw the complaints and sign a discharge form confirming that she would bring the matter no further.
She was also asked to sign letters stating that the matter was concluded to her satisfaction and she would notify the gardai that she wished them to cease the investigation and she did not wish to give evidence in court. She wrote to Det Gda Margaret Nagle stating that she wished to withdraw the complaint.
Defending counsel Brendan Grehan SC, put it to Ms Duggan that she “knew full well that the €7,500 was in respect of previous dealings”.
She denied that both she and her husband were “experienced litigators” and had “multiple dealings with Mr McMahon in the past”.
The case continues before Judge Pauline Codd.
