The former town clerk of Wicklow Town Council has been found guilty of corruption by unanimous verdict at Wicklow Circuit Court.
Frank O’Toole, who is retired, was charged that on unknown dates between May 1st, 2006 and July 12th, 2006, while a public official with Wicklow Town Council, he furnished a letter which was complicit in gaining advantage for Patrick O’Toole, a Wicklow town-based solicitor and developer.
The charge relates to a planning application made in 2004 for the construction of a mixed commercial/residential development at The Glebe, Wicklow, consisting of 10 apartments and retail space.
An Bord Pleanála granted permission for the development in August 2004.
A number of conditions attached to the development included that the developer paid €64,840 in development levies for infrastructure and other services. The levies were paid to Wicklow County Council in 2013.
During the case, the jury heard a letter issued by Wicklow Town Council on June 9th, 2006, signed by O’Toole, stated the financial contribution had been paid. O’Toole admitted he had written the letter, which was addressed “to whom it may concern”.
Four-day trial
During the four-day trial the jury heard from a number of witnesses, including employees of Wicklow County Council and director of services at Wicklow County Council, Michael Nicholson, who was town manager of Wicklow Town Council at the time the letter was written.
Mr Nicholson discovered the existence of the letter in October 2012. He said in his evidence he found it “very, very suspicious”. He arranged a meeting at which O’Toole gave a statement.
In the statement given in March 2013 and taken down in dictation by law agent David Sweetman, O’Toole said he was approached by Patrick O’Toole, one of the developers of The Glebe.
“He said that they would shortly be in a position to dispose of the properties. He indicated that he needed a letter confirming that the financial contribution had been paid and needed to complete the sales as there was a difficulty with cash flow,” O’Toole said in the statement.
“He said if I could furnish the letter he would complete the sales and make the payment as soon as sales were complete and he had paid for them... I took his verbal undertaking at face value and furnished the letter. I believed Patrick O’Toole when he told me he would pay the relevant levies when the sales were completed.”
Closing speech
Prosecutor Paul Murray asked the jury in his closing speech: “What standards do you as residents of Co Wicklow expect from your public officials? Integrity beyond reproach or the issuing of false letters calculated to deceive, designed to deceive and achieving that purpose?
“On the basis of this letter, €2.75 million-plus was paid to Pat O’Toole,”said Mr Murray.
Defence barrister Colman Cody argued the defendant had done “the wrong thing for the right reasons”.
Mr Cody said O’Toole was “a fundamentally decent, honest, upright citizen, who has discharged his public duties with great distinction since 1970 and has been in effect thrown under the bus.”
Judge Gerard Griffin adjourned the case to January 22nd for sentencing, with O’Toole released on continuing bail.