Courts

Beneficiary of contested Galway farmer’s will investigated for alleged fraud, High Court told

Det Garda gives evidence in High Court case in which farmer’s will being disputed

The Garda investigation into Peter O’Toole arose out of several claims against him. He denies any wrongdoing. Photograph: Collins

Aodhan O'Faolain
Thu May 18 2023 - 20:20

The main beneficiary of a deceased Co Galway farmer’s will has been investigated by gardaí over alleged fraud and has been served with a revenue bill from the Criminal Assets Bureau.

The investigations arose out of claims against Peter O’Toole, of Leagaun, Moycullen, Co Galway, who denies any wrongdoing.

Galway-based Det Garda John Kerrigan told the court on Thursday that the Director of Public Prosecutions (DPP) decided, after receiving a file, that no prosecution is to take place regarding complaints over a 2006 will purportedly made by the late Margaret Hernon.

He said the DPP’s decision is pending in another file concerning a different matter involving Mr O’Toole, who the court heard is aged in his 70s, arising out of a complaint made by the late Peter Bunker Lydon.

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Ms Hernon, who had no children and was an only child, died aged 91 on March 16th, 2017. She was pre-deceased by her husband Frank in 2005 and all of her first cousins.

In the 2006 will, Ms Hernon left the bulk of her valuable estate to Mr O’Toole. It was purportedly executed before retired solicitor Liam O’Gallchobhar.

Large sums

Det Garda Kerrigan said Mr Lydon, a farmer who died in July 2020 aged in his 80s, claimed he was never paid for lands he owned in Kingston, Galway, which he sold to Mr O’Toole. Det Garda Kerrigan said an aspect of the investigation centres on lodgments of large sums of money, totalling €1.5 million, by Mr O’Toole in January 2019 to the benefit of Mr Lydon, who was in a nursing home at the time.

Within a few days, a sum of more than €1.4 million was drawn out of Mr Lydon’s account by cheque. Mr Lydon was not able to read or write, said the garda. The officer added that as part of the investigation into that matter documents were presented that state Mr O’Toole made a large number of cash payments to Mr Lydon.

Many of the receipts of those payments were witnessed by the late John Concannon, who died in May 2017, who is also alleged to have been a witness to the 2006 will that was purportedly signed by Ms Hernon and executed before then solicitor Liam O’Gallchobhair.

The garda said one document, which had been altered, seemed to say the late Mr Concannon, a farmer from Barna, Co Galway, witnessed one payment on the date of his death in May 2017.

The detective garda also said that the revenue wing of the Criminal Assets Bureau served Mr O’Toole with a tax demand.

The figure of that demand was not disclosed in open court, but the garda said the demand is under appeal.

The evidence was given on the third day of an application brought by Agustus Gus Kelehan, who is one of more than 40 children of the deceased’s first cousins. The action is against the executor of the estate: retired solicitor Mr O’Gallchobhair, of Highfield Park, Galway, and seeks to set aside the 2006 will. It is claimed the will was procured by deceit.

It has been claimed Mr O’Gallchobhair was not the deceased’s solicitor and that he is an associate of Mr O’Toole, who in the past has been convicted of offences including possession of a weapon, forgery and deception.

The claims are denied.

Under cross-examination by Michael Hourican SC, for Mr O’Gallchobhair, who questioned the relevance of the Garda evidence, the detective said the allegations were investigated by gardaí as part of their remit to deal with the nature of the complaints made in relation to the will.

He denied he was selective with the document he furnished to the court as part of his evidence. All relevant material to this case was provided, he said.

The court also heard evidence from Maeve Joyce, a solicitor of Horan & Son Solicitors in Galway. She said the firm acted for Ms Hernon and her husband Frank for many years.

She said she had discussions with Margaret Hernon on several occasions about making a will.

She told David Kennedy SC, for Mr Kelehan, that Ms Hernon became upset on occasions when it came to drafting a will, particularly in the time leading up to her death.

Ms Joyce said Ms Hernon was aware of what would have happened if she died intestate.

Ms Joyce said that in her discussions with Ms Hernon from 2010 onwards there was no mention of a will being executed and said she wanted to leave her estate to members of her late husband’s family as well as others including Maureen Donnellan, who had been good to her.

There was no mention of leaving Peter O’Toole anything in her will in any of their discussions, Ms Joyce said, adding she was very surprised to learn that Ms Hernon had purportedly made a will in 2006.

Under cross-examination from Mr Hourican, Ms Joyce did not accept a claim made by Mr O’Toole that Ms Hernan told him she went to another solicitor in 2006 because she feared her discussions with Horan’s were being made public.

In her concluding evidence to the court, Maureen Donnellan, a cousin of Ms Hernon said that she questioned Mr O’Gallchobhair’s claim Ms Hernon went to his office in early May 2006 to discuss and draw up her will.

She said she found an entry in Ms Hernon’s diary entry stating on the same day she was purportedly at Mr O’Gallchobhair’s offices that she was dealing with one of her horses.

It would have been unusual for Mrs Hernon, who did not drive, to leave the property and go to Galway when something was happening on her land, she said.

However, under cross-examination, she accepted she could not say how long the matter with the horse took to complete.

She also denied that evidence she had given to the court was different to what she had said in a sworn statement or that she was trying to paint “a sinister picture” of Mr O’Toole and Mr O’Gallchobhair.

She also rejected claims that she was doing anything that would ensure her mother, a first cousin once removed of Ms Hernon’s, or anyone else would benefit.

Valuable estate

In reply to counsel, she said that she believed that the will was manufactured sometime after Mr O’Toole had called to her mother’s house and berated her for allowing Ms Hernon to die intestate.

Ms Hernon left a valuable estate, including the farmhouse where she resided at Barnacranny, Bushypark, Galway, with adjoining 13 acres of farmland and a significant quantity of cash.

In her will, she left sums of money, totalling €22,000, to a few family members, including Ms Donnellan and her mother, and the local Catholic Church. The rest of the estate was left to Mr O’Toole.

In his defence of the claims against the estate, Mr O’Gallchobhair claims the will was validly executed and witnessed by Mr Concannon.

He claims he knew the deceased for many years.

He accepts he knows Mr O’Toole and acted for him, but he denies all of the allegations that he colluded with him regarding the.

Mr O’Toole also denies any wrongdoing and claims that he had a good relationship with the deceased.

The hearing before Mr Justice Cian Ferriter continues.

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