A barrister accused of intimidating a potential witness during a fraud case was found not guilty today.
Mr Pádraig Cullinane, 43, of Courthouse Chambers, Washington Street, Cork was charged with intimidating witness Mrs Caroline Settini at Cork Circuit Criminal Court.
The alleged incident occurred on November 14th, 2002 in court one at the circuit court on Camden Quay in the city centre.
Mrs Settini's estranged husband Mr Hicham Settini, a Moroccan national with an address at Saint Luke's, Cork was before the court on 103 different counts of social welfare fraud.
Mrs Settini, with an address at Comeragh Park, The Glen, Cork had been summoned to the court by the prosecution and also by her husband's counsel to give evidence in the case.
During a break in proceedings it was alleged that Mr Cullinane and a solicitor Mr Tom Shanahan, who were both representing her husband, approached the woman. During her evidence Mrs Settini said that one of the men told her that they wished to talk to her. She could not recall exactly who spoke to her. Following this initial approach she spoke to the State's solicitor who told her that she did not have to talk to the men.
At a second break in the case when Judge Patrick Moran, who was hearing the fraud case, left the bench Mr Cullinane allegedly said to the woman "it appears you do not wish to speak to me".
In reply Mrs Settini said that she preferred not to enter into discussion with her husband's defence team.
It is claimed by the witness that Mr Cullinane then said: "Do you realise if you take the stand you can be prosecuted".
The defence barrister went on to ask Mrs Settini who had paid for her house in Comeragh Park. It is claimed that Mr Cullinane then said "How will you tell your daughter that you put her daddy in jail".
"I felt extremely shaky, very scared. I felt I couldn't, I wouldn't take the stand.
I was very scared of taking the stand.
I was very intimidated by the accused," she said.
The jury also heard evidence from a number of witnesses who were sitting near Mrs Settini.
Yesterday a jury of five men and six women, one of the jurors had been discharged due to sickness, recorded a verdict of not guilty after deliberating for three hours twenty minutes.
Following the verdict Mr Cullinane embraced his wife Dr Myra Cullinane, the Cork city coroner. Speaking last night Mr Cullinane said he was relieved by the judgment and thanked his legal team. "I am delighted to be vindicated - there is no bar counsel issue.
It has been a difficult year as it is for any citizen charged with an offence," he said.