A former deputy chairman of An Bord Pleanála, who was given a two-month prison term earlier this year for making false or misleading declarations, has avoided jail after successfully appealing the severity of the sentence.
Paul Hyde (51) appeared before Cork Circuit Court on Wednesday morning, where he received a fine of €6,000.
Judge Colin Daly also sentenced Mr Hyde to two three-month prison sentences arising out of the two counts to which he had pleaded guilty. However, he suspended the sentences in their entirety.
Defence counsel Tom Creed had emphasised that his client Hyde “was not involved in corruption despite what the keyboard warriors may say.”
Last March, Hyde was charged with nine counts of making false or misleading declarations of interest to the planning authority between 2014 and 2022.
Three months later, Hyde (51), of Castlefields, Baltimore, Co Cork, pleaded guilty to two offences which were contrary to Section 147 of the Planning and Development Act.
He pleaded guilty on a full facts' basis to two counts relating to 2015 and 2018. The State withdrew the remaining seven counts.
Dt Sgt Shane Curtis of the Garda National Economic Bureau outlined the details of the case.
Dept Sgt Curtis investigated the matter after stories appeared in the Village magazine and on The Ditch website in relation to the planning authority.
Det Sgt Curtis said that when Hyde made his return in 2018, he failed to include properties which he had listed three years earlier other than properties in Baltimore, Co Cork, and in Douglas in the city. Both of those properties were exempt as they were his residential addresses.
Tom Creed SC, for Mr Hyde, told the appeal that his client readily accepted that he had failed to declare properties he owned in his declarations of interest to the planning authority.
The court heard that Hyde was under the mistaken belief that when the receiver took over properties that he was no longer the owner.
Mr Creed stressed that “no benefit or gain” arose in the case.
He said that Mr Hyde had fully co-operated with the investigation and pleaded guilty at the first opportunity.
Mr Creed said some people on “digital media” had depicted his client as being somewhat corrupt.
“It is unfortunate that digital media – not mainstream media – portrayed him as corrupt.
“Mr Hyde was not involved in any corruption despite what these keyboard warriors say. He did not declare those properties because he felt the receiver had control. He failed to declare but there was no material benefit or interest.
“I would submit to the court that this is not a case for a prison sentence. Mr Hyde has suffered quite substantially over his failure to declare these properties.”
He said that his client had sustained substantial reputational damage arising out of the matter. Mr Creed said that his client also lost his salary after he resigned his position with the planning authority.
Mr Creed asked Judge Daly to impose “appropriate fines” rather than a prison sentence.
He added that his client was prosecuted under Section 147 for failing to declare an interest, rather than the more serious Section 148, where an officer fails to declare an interest that is relevant to an appeal or determination by the board.
In sentencing, Judge Daly said that in dishonesty offences involving a breach of trust by professional people “the principle of deterrence must be an important consideration.”
“It is necessary to maintain high standards of transparency and trust. But the principle of transparency must give way to the principle of proportionality, particularly when he made no material benefit.”
Judge Daly indicated that he was cognisant of the “personal, professional and reputational consequences” of the case on Hyde.
In relation to properties which went undeclared because they were in receivership, Judge Daly stressed that a simple check by the defendant with his legal advisors would have clarified his obligations in relation to declaring them.
He also noted that in two declarations of interest by Hyde he made no reference to a small strip of land located by common ground owned by a local authority. This land at Pope’s Hill in Cork sold for €20,000.
The court heard on Wednesday morning that Hyde was under the impression that it was worth less than the €13,000 threshold in legislation for declaring property.
Judge Daly concluded that the culpability of Hyde fell at the “higher end of the range.”
“As regards the harm done to society, it is extremely important that there is a lack of perception of bias and a lack of bias. The harm and risk to society must be considered to be very high. But I don’t find there are any aggravating factors.
“In mitigation, Mr Hyde voluntarily cooperated with the inquiry and equally with the gardaí. He entered a plea at the earliest opportunity.
“He is of previous good character and has a clean record. He did not gain materially from the breaches. He lost his job, his salary, and most importantly, his reputation.”
