Anglo trial: Anglo staff praised for 'integrity' for refusing to delete accounts

Instead of deleting the accounts as they were asked, IT staff decided to archive them instead leading to their production in evidence during the trial.

Anglo trial: Anglo staff praised for 'integrity' for refusing to delete accounts

Judge Patrick McCartan has said the actions of Tiarnan O'Mahoney, Bernard Daly and Aoife Maguire represented a "significant and deliberate fraud" and reflected the workings of a "very sick bank".

The three former officials at Anglo Irish Bank have been given jail terms of between 18 months and three years for conspiring to defraud Revenue. The sentences begin immediately. No part of any of the sentences has been suspended.

Judge McCartan said it was clear the accused engaged in a deliberate and ongoing fraud to stop the accounts of Anglo chairman Sean FitzPatrick from being disclosed to Revenue.

He said banking must be based on trust and honestly and it could not work otherwise.

He jailed 56-year-old former COO Mr O’Mahoney of Glen Pines, Enniskerry, Co Wicklow for three years; 67-year-old Bernard Daly of Collins Avenue West, Dublin for two years; and 62-year-old Aoife Maguire of South Circular Road for18 months.

The three accused appeared tearful throughout the sentencing hearing and as they were led away by prison guards to begin their sentences.

'Misplaced loyalty'

The judge called Anglo a “very sick bank” which “took a very, very dishonest approach to Revenue”.

He said the accused's actions were “done out of misplaced loyalty but were still dishonest and were against all good banking principles and practices.”

He said it was a very difficult case to sentence because the accused had impeccably good characters. He noted the character witnesses for Daly who testified about his charity work particularly with the deaf community.

He also took into account testimonies of Maguire's devotion to her GAA club and a reference handed in on behalf of O'Mahoney by former Dublin Football manager Tom Lyons.

Judge McCartan said the balance was between the personal positions of the accused and the public interest.

'Integrity'

“Banking must be based on trust and honestly; It cannot work otherwise,” Judge McCartan said. “And the Revenue plays a crucial and central role in the society in which we live.”

Referring to the motives for concealing the accounts, Judge McCartan asked: “Why should Mr FitzPatrick or anyone on his behalf want to hide accounts unless there was potential embarrassment to him?”

The judge praised the integrity of the IT staff in Anglo who refused to delete the accounts and decided to archive them instead leading to their production in evidence during the trial.

He also praised bank employee Zita Vance who refused when asked by O'Mahoney if she would delete an account. She was reassigned.

The IT staff believed Maguire was passing on orders from higher-up but they were uncomfortable deleting accounts. The accounts were archived instead, in a way that made them appear deleted but still recoverable.

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