Portuguese interview re-arranged
Retired inspector Patrick Linehan told the jury that he was in charge of the investigation from the start.
He told the court that Lynn’s solicitor, Robert Eager, contacted gardaí in early 2008 and indicated his client’s willingness to meet them. It was initially agreed that gardaí would interview Lynn in London in November 2008; however, this meeting could not go ahead.
There was further correspondence between Lynn’s solicitors and gardaí, which led to another date being agreed for an interview – this time in Portugal in June 2011. Gardaí made an application to the Portuguese authorities for assistance in relation to this, the court heard.
This interview was subsequently cancelled, as Lynn wished his Irish, English and Portuguese solicitors to be present, but not all were available on the agreed date, the court heard.
Ret Insp Linehan said that the interview in Portugal was re-arranged for October 2011. He said that they were formally advised shortly beforehand, however, that Lynn would not be attending, and they subsequently became aware that he was in Brazil.
Gardaí ‘weren’t aware’ of Brazil move
When asked by Paul Comiskey O'Keeffe BL, defending, when gardaí decided not to interview Lynn, Ret Insp Linehan said that it became apparent to gardaí in October 2011 that “we didn't believe Michael Lynn was going to attend for interview”.
He told the court that gardaí were planning to meet Lynn in Portugal, but “it subsequently transpired he had left the jurisdiction and was in Brazil”.
“We weren't aware he left and moved to Brazil,” he said, adding it was “quite a strange move”, given that they had arranged to meet for interview. “The clear thing is he had every opportunity to tell his story to us,” he said.
“...He had ample opportunity to give us any evidence that would help us disprove the allegations.”
Defence counsel put it to Linehan that gardaí refused to provide Lynn's solicitor with a list of questions. Linehan replied that, in a criminal investigation, there would be “no common sense” in doing so.
“It's like telling someone we're going to search your house and getting a warrant in two weeks' time,” he said. “They clear the house.”
Movements monitored
Linehan agreed that gardaí were monitoring Lynn's movements via Interpol, and were aware that he had entered and left Brazil eight times between 2007 and 2011.
Comiskey O'Keeffe put it to the retired inspector that gardaí were given assurances that Lynn could be extradited from Brazil “at any time”.
Linehan said that Ireland had no extradition treaty with Brazil at the time, and that gardaí raised their concerns with Brazilian authorities. “It's no guarantee, there was no treaty,” he said, adding: “It might be a reason why someone might move there.”
Linehan told Comiskey O’Keeffe that he could not recall the name of the garda who carried out a technical examination of servers taken by the Law Society. He said that he had had no concerns about the chain of evidence before gardaí seized the devices.
He agreed with defence counsel that some of the witnesses for the seven banks had indicated that there might be other documents beyond those provided to gardaí. He said that gardaí served court orders and expected that the banks would, “in good faith”, supply the requested information, but added that gardaí could not do a “trawling exercise”.
He agreed that gardaí did not receive a direction from the Director of Public Prosecutions to charge Lynn while he was in Portugal. He told the court that most fraud investigations took a long time.
Undertaking-only loans
Comiskey O’Keeffe asked if the investigation had found evidence of a practice between Lynn and the banks of undertaking-only loans.
He replied: “Absolutely not.”
He was brought through a list of bank officials that gardaí did not question – including former bank officials Michael Fingleton and Sean Fitzpatrick. He agreed that gardaí did not question either of these men.
Comiskey O’Keeffe asked about garda investigations into Kendar, and if a “fundamental” part of the investigation was to “follow the money”.
“It’s not necessary to ‘follow the money’. It would be ideal, but it’s not a fundamental requirement if we can prove money was taken,” the witness replied.
Kendar investigation
Re-examining Linehan, Karl Finnegan SC, said that the garda investigation “has been impugned by Mr Comiskey O'Keeffe, who says gardaí could have gone searching for information which would have exonerated Mr Lynn”.
Linehan said that Lynn could have contacted them at any stage, but that never happened.
The jury was told that, prior to the first trial, Lynn's legal team applied for disclosure of Kendar material, but Judge Martin Nolan deemed the Kendar investigation to be irrelevant to the matters before that court.
The court heard that the Kendar investigation related to complaints from “several disappointed people in relation to property transactions”. The jury was told that inquiries were made, and the case was closed, from an Irish point of view.
The prosecution case is now closed. The trial resumes on Monday before Judge Nolan and the jury.