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. But lawyers for the accused man have said that the woman was “opportunistically looking for money” as his firm battled adverse media publicity.
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”.
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 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.
Under cross-examination, she said she was “delighted to get the money” after demanding that Mr McMahon pay the €7,500 with “suitable interest within seven days” or she wanted the Law Sociaty to “strike him off as a solicitor”. She warned that she would also inform the Revenue Commissioners that a draft, payable in her name, was given to Denis McMahon.
She told defending counsel Brendan Grehan, SC that she never knew of a settlement figure of €65,000 being agreed. She also denied knowledge of being represented by the late Seamus McKenna SC, a man described as being a tough negotiator on behalf of his clients.
She said that all she wanted was the €7,500 due to her and nothing more.
Details of the negotiations, were confirmed to the court by William Walters on behalf of the insurers which included the original valuation put on the settlement sought by the plaintiff to be in the region of €150,000 to cover Ms Duggan’s loss and potential loss of earnings.
Mr Grehan put it to her that she “opportunistically went looking for money given the adverse publicity” that Mr McMahon’s firm was subject to and that “in 2005, all the original settlement money was gone”.
Ms Duggan said that Mr McMahon was the “family solicitor” but she did not have any dealings with him in the past.
Mr Grehan noted several legal representations made by Mr McMahon on behalf of her husband Donal who he said was a professional bookmaker and owned a number of betting shops in Limerick. He outlined proceedings involving Mr Duggan including one where Ms Duggan was a co-signature on legal documents.
The trail continues before Judge Pauline Codd and is expected to conclude by the end of this week.
Above: Margaret Duggan leaving Limerick Circuit Court with her husband Donal.
