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Byrne says he never meant to defraud anyone

Written By Unknown on Jumat, 01 November 2013 | 22.40

Former solicitor Thomas Byrne has told the Circuit Criminal Court he never meant to defraud anyone.

The 47-year-old from Walkinstown Road in Crumlin has pleaded not guilty to 50 theft and fraud offences totalling almost €52m.

The charges allege he transferred clients' homes into his name and used them as security for loans and that he forged documents between 2004 and 2007.

Mr Byrne took the witness stand in his own defence.

He said he had a very busy solicitors' practice in Walkinstown, but a property developer called John Kelly became his biggest client.

He said from the year 2000 onwards, there was such a demand on his client account from Mr Kelly that he was always in difficulty. The Law Society had sent in accountants to monitor his practice, he said.

From 2002 to 2007, he said, things became very difficult for him.

He said Mr Kelly, who had been started off as his business partner in a property deal, inveigled himself into the office and became very aggressive.

He said Mr Kelly had told him he had a brother involved with people up the North and was quite aggressive in his demands for money.

He said Mr Kelly had a voracious appetite for money but had no income and he was financing his day-to-day lifestyle.

By 2007, he said Mr Kelly was demanding finance of €450,000 a week.

Mr Byrne, who broke down at several points during his evidence, said he could not cope and started drinking heavily and taking tablets.

He said he felt Mr Kelly was threatening his family.

Mr Byrne said he never intended to defraud anyone.

He said he did not want an outlandish lifestyle and was happy with his small little busy practice.

He said the one thing the State had not said was where any of the money went - because he did not have any of it and never did have any of it.

He said everyone could see there was something untoward going on in the practice.

Mr Byrne said when a complaint was made to the Law Society, Mr Kelly told him to leave the country.

He broke down as he described travelling to Holyhead then on to London and Brighton.

Mr Byrne said that when his colleague Barbara Cooney made a complaint to the law society in October 2007, Mr Kelly phoned him and told him to leave the country.  He said he was told there would be serious consequences if he did not. 

He said he was terrified of him and terrified about his family's welfare.  

He said he was told to go to a centra shop in Rathmines.  He said he was brought to a walk in freezer at the back of the shop. 

He said he thought he was going to be killed.  He was given €10,000 in used sterling and euro notes. 

He then headed to Holyhead, London and Brighton before being persuaded to return to Ireland.

He said he was not saying he was entirely innocent.  "Of course I'm not" he said. 

He said he was in court to face the music and was terrified about what was going to happen, but he said it was preferable to being bullied by Mr Kelly.

Mr Byrne said he was very sorry that there were people who got caught in the crossfire and were not paid because his practice closed.


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Ulster Bank to remain in Irish market: RBS

Ulster Bank's parent group has recommitted itself to the Irish market following the announcement of a major company overhaul.

Royal Bank of Scotland said Ulster Bank was an "important business for the whole island of Ireland" and that it wanted to ensure it had a "viable and sustainable business model" into the future.

The Ulster Bank business is to form part of a wider company review, which would likely see around £9 billion (€10.6 billion) worth of assets being transferred to an internal "bad bank".

RBS, which is more than 80% owned by the British government, is to create the internal division to manage troubled assets worth £38 billion in total, avoiding a full split of the company.

The business review initiated by its new chief executive Ross McEwan will report back in February.

The lender revealed its plans as it said operating profits more than halved to £438 million in the third quarter on a year earlier.

RBS will make a substantial loss this year as the faster run-down of assets in the internal bad bank will cause an accounting write-down of up to £4.5 billion.

When one-off items and an additional charge of £250 million to cover redress for the mis-selling of payment protection insurance are included, RBS made a bottom-line loss of £634 million in its third quarter results.

Separately, RBS has suspended two of its traders in connection with an investigation into the possible manipulation of foreign exchange rates.

Regulators in the UK, the US and Switzerland are looking into whether banks colluded to set exchange rates.

The executives from three banks have been put on leave although no-one has been accused of any wrongdoing.


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Reduced prices for most common medicine

The price of the most commonly prescribed drug in the country is coming down from today.

Cholesterol drug atorvastatin will be available cheaper to patients at chemists and cheaper to the Health Service Executive, which buys the drug for medical card patients.

The move is part of a long-awaited scheme to replace branded drugs with generic ones.

The drugs bill for the State is nearly €2bn a year.

Minister for Health James Reilly said the new reference prices means the HSE pays 70% less for the drugs compared to May 2013.

The clinical lead of the medicine management programme at the HSE, Dr Michael Barry, said it was a good news story for people using atorvastatin.

Dr Barry said the reduced price will have a significant impact on the amount paid out by non-medical card holders.

Patients prescribed 10mg of the drug will see potential savings of €180 per year, while those on 20mg doses should save €280 over 12 months.

Dr Barry said that 30 drugs account for half the HSE's drug expenditure and that plans were advanced to tackle the cost in relation to drug prices.

In cases where a GP writes a brand-name drug on a patient's prescription, pharmacists will also now have the discretion to change this to a generic substitute, he said. 

The Department of Health said the combined effect of recent initiatives is that the average ingredient cost per item on the GMS Scheme has reduced from a peak of €18.97 in 2009 to €13.43 in January/February 2013.

The average cost per item reimbursed is now running at 2001-2002 levels. 


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Russian PM sees Syria peace talks by end of year

Russia hopes an international peace conference on Syria will be held before the end of this year, Prime Minister Dmitry Medvedev has said.

Mr Medvedev has appealed to both sides in Syria's civil war to compromise.

He also criticised the opposition for demanding assurances of Syrian President Bashar al-Assad's departure as a condition for the talks.

"I hope it will be possible to hold the conference by the end of this year but we understand that the influence of all sides taking part is limited," Mr Medvedev said in an interview.

"It depends to a great extent on the positions of the Syrian sides.

"We're pushing them towards this, and I hope everyone who talks to different circles in Syria will do the same," he said.

"It's a difficult process and everyone must compromise, including opposition leaders and the Syrian government, of course."

Russia has been Mr Assad's most powerful backer during the two-and-a-half-year-old conflict.

It has delivered weapons and blocked three UN Security Council resolutions meant to pressure Mr Assad.

US, Russian and UN envoys are to meet in Geneva as part of preparations for the long-delayed conference, which Russia and the United States first proposed in May.

The latest target date for the talks, November, looks likely to be pushed back.

Sources close to the negotiations say a main point of contention is the role of the Western-backed opposition coalition.

Israel accused of launching Syria air strike

US government officials say Israel has launched an air strike near the Syrian port city of Latakia.

It is reported the strike targeted Russian-made missiles intended for Lebanese militant group Hezbollah.

Latakia is a stronghold of Mr Assad, an important port city where the Alawite community to which he belongs is concentrated.

Israeli is widely reported to have carried out at least three air strikes in Syria so far this year.

Neither Israel nor Syria have commented on the latest reports.

Former Syrian intelligence agent Afaq Ahmad, a defector now in exile in France, told Reuters that contacts of his inside Syria, including in Latakia province, told him Russian-made ballistic missiles had been kept at the site that was attacked.

Noting Syria's failure to retaliate after previous Israeli action, Mr Ahmad said: "Israel knows Assad has lost the ability to respond ... So it has been engaging in unannounced attacks on the weapons that could pose the most threat in the hands of Assad or if they are transferred to Hezbollah."

Israel has repeatedly warned that it is prepared to use force to prevent advanced weapons, notably from Iran, reaching Hezbollah, which hit northern Israel with hundreds of rockets during a month-long war in 2006.

The Syrian Observatory for Human Rights, which collates reports from opposition activists, said there had been an explosion at an air defence base near Jableh, on the Mediterranean coast south of Latakia.

The Lebanese military said six Israeli jets had flown over Lebanese territory on Wednesday.


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Search resumes for missing Mayo hillwaker

Members of Mayo Mountain Rescue have resumed a search operation for a missing hillwalker on Mweelrea Mountain.

The 38-year-old from Dublin was reported missing on Wednesday, having failed to return from a walk on the mountain last Tuesday.

The search resumed at first light this morning.

Mountain rescue volunteers from Donegal, Sligo, Leitrim, Wicklow, Dublin and Galway are travelling to assist in the operation.

Search dogs have also been used to examine parts of the mountain that are inaccessible by foot.

It is hoped the Coast Guard helicopter will be deployed later.

Windy conditions yesterday afternoon meant the helicopter had to be stood down, but a spokesman for Mayo Mountain Rescue said the weather had improved somewhat for today's operation.

It is expected that between 40 and 50 people will be involved in the search.


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One charge dismissed in garda sex assault trial

The judge in the case of a Donegal-based garda charged with sexually assaulting and harassing two female garda colleagues has withdrawn one of the charges.

Judge John O'Hagan told the jury of ten men and two women that the evidence was not clear or strong enough in relation to one of the seven charges of sexual assault against Garda Kevin Corby.

Garda Corby has pleaded not guilty to all of the charges against him, including two charges of harassment.

On the third day of the trial at Letterkenny Circuit Court, Garda Corby's defence barrister, Peter Nolan, said that this was a ridiculous case for the DPP to bring before the people of Ireland.

Garda Corby, a married man in his 30s, did not give evidence but his barrister said this was a case of political correctness gone mad, a total and utter "storm in a teacup".

In relation to the alleged sexual assaults, Mr Nolan said there was no evidence of indecency. In relation to one allegation, he said there is no evidence it ever happened.

He said the evidence in relation to the sexual assaults was vague, inconsistent and unclear.

Mr Nolan told the jury that there may have been inappropriate behaviour but that is not a crime.

He said that nowhere did anyone in the garda station step in and say "you can't do that".

Referring to a Christmas party in 2010 when one of the complainants gave the accused a pair of Santa boxer shorts for a "secret santa" present at the station party, Mr Nolan asked what kind of message did that give.

It seems to be that she was as much a part of the banter and goings on in the station as anyone else, he said, and it was the same in relation to the second complainant.

Mr Nolan said that some of the comments made by Garda Corby may have been derogatory and insulting, but he said that is not a crime.

He told the jury that if they believe the complainants, then all workplace banter is suspect and everything becomes impossible after that.

Mr Nolan said that no complaint was made in relation to the allegations for over a year and that the female gardaí did not use the garda "Working Together" policy document on bullying.

He said at no stage did they seek to change their rosters to get away from him or request a transfer.

Mr Nolan said that it simply did not add up that he is facing criminal charges.

Prosecuting barrister Patricia McLaughlin told the jury that there was a world of difference between workplace banter and what occurred in this case.

She said that the harassment was of such intensity and on such an insidious and continuous level that it led to extreme distress.


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Water contingencies in place for Halloween

Written By Unknown on Kamis, 31 Oktober 2013 | 22.40

The Irish Fire and Emergency Services Association has said that water restrictions introduced in Leinster yesterday could not have come at a worse time.

The association said the water shortage will put extra pressure on the service this Halloween and it is appealing to the public to be extra vigilant and responsible.

Dublin City Council said water restrictions will not impact on how the fire brigade deals with incidents tonight. It is reminding the public that all bonfires are illegal.

Dublin Fire Brigade said it has agreed procedures with Dublin City Council and contingency plans are in place if needed.

The capital's fire service responded to more than 600 call-outs in just 16 hours last Halloween night.

It is appealing to the public to enjoy Halloween safely and not to attend illegal bonfires.

Water restrictions in counties Dublin, Kildare and Wicklow, affecting more than 500,000 people are expected to last until at least Monday.

A spokesperson for Dublin City Council said it may take "a couple of hours depending on location" for water supply to return to normal.

Speaking to RTÉ's Morning Ireland, Engineer Michael Phillips said: "We turned it on earlier than 7am, but water is not like electricity where you flick a switch and it comes back on."

Mr Phillips said if households had been "wasting water with washing machines" large tanks may have been emptied and it would take time for supply to return.

He also said some homes may have airlocks, which is a separate problem.

Consumers can contact Dublin City Council's waterworks department if they have concerns.

The local authority has said water may be discoloured as a result of the shut-off.

Water that is cloudy is safe to drink, while water that is brown/orange/yellow can be resolved by running the tap for two to three minutes.

The council is advising consumers to catch the water in a bucket or basin and use it for any purpose other than drinking and cooking.

Restrictions will resume at 8pm this evening.

Minister insists new water initiative on target

Minister for Environment Phil Hogan said it is not acceptable that a planned supply of water for the eastern region from the Shannon river may not come on-stream for a decade.

Minister Hogan was reacting to comments by a senior official at Dublin City Council, who said that it could be two or three years before the project goes to An Bórd Pleanála for approval and ten years before it becomes operational.

Speaking to RTÉ's News at One, Mr Hogan said that he believed the project which would see water piped from the midlands to the Dublin region would be delivered within the seven year target.

He said planning consultants would be appointed via Dublin City Council to advance the project.

He said that every effort was being made by engineers at the council to resolve what he said was an "unforseen technical issue" at the Ballymore Eustace water treatment facility.

The Minister said that the council could have handled public relations better.

He said the problem at the treatment facility was an issue that had not been seen or experienced before by the city council's engineer.

However, the minister insisted they were working hard at finding a solution to what was a complex problem.

Details on disruption to water supplies are available for each local authority.

Dublin City ¦ South Dublin ¦ Fingal ¦ Dún Laoghaire ¦ Wicklow ¦ Kildare ¦ Meath


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Gardaí seek to issue photo of girl found in Dublin

Gardaí have asked the High Court to allow them to release a picture of a teenage girl found in the capital three weeks ago.

Gardaí say they have exhausted every avenue in their attempt to identify her.

The teenage girl is currently receiving treatment. 

Lawyers representing her legal guardian are challenging the Health Service Executive's plan to place her in a non-secure facility when that treatment is completed.

This morning, Mr Justice George Birmingham said that matters relating to childcare were in the public interest and there was a public interest in how the authorities respond to cases such as this. 

However, he ordered that the media should not report anything that might identify the girl or where she is now located.

The senior counsel representing her legal guardian, Felix McEnroy, handed in a letter to the judge from the girl, written on green paper. 

He said the girl was very pleased about the involvement of the High Court and her remarks in the letter were inviting the court to assist.

Lawyers for the HSE asked the court to adjourn the challenge to the girl's placement for a week in the hope that a solution could be worked out in that time.

Separately, lawyers for the gardaí asked the court to allow them to release a picture of the girl, whose identity has still not been established.  

Lawyer Genevieve Coonan for the gardaí told the court that more than 80 angles had been followed up to try to establish her identity. 

She said gardaí believed criminal offences had been committed, possibly against the girl.  

She said they had exhausted all avenues of investigation and were at deadlock: the only avenue left she said was to release a photo. 

Lawyers for the HSE told the court they believed publication could have a disturbing effect on her and social workers did not believe this would be in the best interests of the girl at the moment. 

However, lawyers for her legal guardian said they believed it would be in her interests to be identified.

Mr Justice Birmingham said he would defer the question of issuing a photo until Monday to allow the girl a few more days to stabilise a bit more and become more comfortable with the professionals who are dealing with her.  

He said he would order the release of the photo on Monday unless there was some change in circumstances.


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Danske Bank Ireland to cut 150 jobs

Danske Bank Ireland, formerly National Irish Bank, is to withdraw from the personal banking market to refocus on its corporate customers.

The refocus will result in the loss of 150 jobs in the Republic of Ireland. 

Irish Bank Officials' Association General Secretary Larry Broderick said the job losses at the bank would be compulsory.

"We are shocked at the decision and the lack of consultation with staff and customers. We would ask the bank to reconsider," he stated.

Speaking on RTÉ's Morning Ireland, Mr Broderick said: "Staff are scapegoats for very bad management decisions of this bank."

He said the move would reduce competition in the banking sector.

"The likelihood is that we may have just three banks and, indeed, maybe two banks if Permanent TSB doesn't turn the corner with the Troika," he said.

"That's a very serious position for customers and the Irish economy."

Danske is the second bank in Ireland to announce major changes in the space of a week after ACCBank announced it is handing back its banking licence.

Danske said existing personal and business banking would be discontinued.

It is understood deposits will be repaid and existing customer accounts will be transferred to a non-core unit and wound down.

The bank said the decision was taken against the backdrop of a difficult economic and trading environment.

Danske also said that it will now start talks with the banking unions in relation to the impact of the changes on its staff numbers.

The company has not been able to re-establish a sustainable retail banking business model in Ireland following the financial crisis.

The bank is to write to all customers in the coming weeks to clarify the impact of its move on the individual products or services they currently hold.

Activities in Northern Ireland are not affected by the decision.

The bank has reported a loss before tax of €31.4m for the first three months of its financial year and impairment charges of €22.8m.

Meanwhile, the Irish Small & Medium Enterprises Association expressed its deep disappointment at the decision and described it as a blow to SME banking prospects.

The ISME said the shrinking Irish banking system was not fit for purpose in providing an adequate retail service or development funding for Irish SMEs.

ISME Chief Executive Mark Fielding said: "It is critical to restore the Irish banking system to health and return it to its basic function of serving the Irish economy and the Irish people."


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Live Register records 16th monthly fall in a row

New figures from the Central Statistics Office show that the number of people signing on the Live Register fell  by 3,700 in October to stand at 409,900 on a seasonally adjusted basis.

The number of people signing on has now fallen for the 16th month in a row. The Live Register figures are now almost 9% below the high of 449,400 seen in August 2011.

The CSO also said that in unadjusted terms, the number of people on the Live Register fell by 5.6% to 396,512 - the first month since May 2009 that the unadjusted total has been below 400,000.

The standardised unemployment rate in October eased to 13.2% from 13.3% in September - its lowest level since March 2010.

Breaking down the CSO figures, they show that on a seasonally adjusted basis the Live Register recorded a monthly decrease of 2,900 male claimants this month, while female claimants rose by 700.

They also show that the number of long term claimants on the Live Register in October stood at 182,401. The number of male claimants fell by 5.6% while the number of female claimants rose by 3.2%.

In the year to October 2013, the number of people aged 25 and over on the dole decreased by 4.7% and the number of people under the age of 25 fell  by 10.5% as high emigration levels continues to exist among this age group.

Commenting on today's figures, Merrion economist Alan McQuaid said that while emigration has clearly been a factor in bringing the unemployment figures down, there are encouraging signs on the labour market front. 

He said that the most recent Quarterly National Household Survey showed a year-on-year net increase of 33,800 in employment in the second quarter of 2013 after a gain of 20,500 in the first quarter. But, unlike the first quarter, most of the annual increase in the second quarter was in full-time rather than part-time jobs. 

"Slowly but surely, overall labour market trends are getting better, though it is still likely to be a few years before the jobless rate is back in single digits," the economist added.

Investec's chief economist Philip O'Sullivan said that encouragingly, the pace of reduction in the Live Register has been accelerating of late. He noted that in the first half of the year, monthly net outflows averaged 1,500 but since then the pace has more than doubled to 3,125 since the beginning of the second half.

"The recent upturn in Ireland's economic fortunes has helped to reduce the unemployment problem in Ireland, but the rising tide has, as yet, failed to lift all boats. Time will tell if the improving economic outlook and the Government measures (in the Budget) help to put the long-term unemployed back to work and provide opportunities in Ireland for the young," he added.


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