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‘Myriad complications’ in Lynn case, says judge

The jury in the trial of former solicitor Michael Lynn is ready to start its deliberations.

On day 33 of the trial yesterday (18 December), Judge Martin Nolan delivered his charge to the jurors and sent them home to start deliberations today.

In his charge, Judge Nolan said that the jury must put aside any prejudice or sympathy, likes or dislikes, for the parties involved.

Judge Nolan noted that most people did not like banks and that, between 2007 and 2012, people “weren't very fond of them”.

“Their reckless behaviour brought us into a bad state,” he said. He added, however, that the jury must be cold and dispassionate when assessing the evidence.

Multiple mortgages

Mr Lynn (55) of Millbrook Court, Redcross, Co Wicklow, is on trial accused of the theft of around €27 million from seven financial institutions. He has pleaded not guilty to 21 counts of theft in Dublin between 23 October 2006 and 20 April 2007.

It is the prosecution’s case that Lynn (pictured) obtained multiple mortgages on the same properties, in a situation where banks were unaware that other institutions were also providing finance.

Lynn has told the court he had “off-the-books” agreements with the banks to use the loan money for his property developments abroad.

State’s case

Judge Nolan said that, if the jury believed that Lynn had permission from the banks for the use of the monies, then it must acquit him. He said that if it believed the State's case that Lynn stole the money, then it must be satisfied of this beyond reasonable doubt before it could consider convicting him.

Judge Nolan noted that there were “myriad complications in this case”.

“The State say that, basically, Mr Lynn, by his behaviour, induced by deception the lenders to give him all of these funds,” the judge said. “That's their case.”

Defence case

The judge said that the defence case was that there was an understanding with all these lenders, “that whatever the paperwork said, that wasn't the true purpose”.

“The true purpose was to allow Mr Lynn to pursue his development activities abroad. He says all the lenders were aware of that. He is saying he had an understanding with the banks – all of them – to that effect.”

Judge Nolan noted that this explanation was consistent with innocence. “There's no deception if each bank knew what he was going to do with the monies. If you find that explanation reasonably believable, Mr Lynn is entitled to an acquittal.

“Before you can consider convicting Mr Lynn in relation to these counts, you must be satisfied beyond reasonable doubt that his explanation is not true.”

Before sending the jury home for the day, 12 jurors were chosen at random from the extended panel of 15 to carry out the deliberations. Judge Nolan thanked the three jurors who were not picked for their service.