A poll-topping former Fianna Fáil councillor, charged in connection with the misappropriation of Galway County Council funding, appeared before Galway Circuit Criminal Court yesterday.
Cllr Michael Fahy, from Caherduff, Ardrahan, in south Co Galway, who resigned from Fianna Fáil 18 months ago when this matter emerged but who continues to serve as an Independent member of the council, denies eight charges of fraud under the Larceny, Theft and Fraud Offences Act.
The charges allege that between 2001 and 2002, Cllr Fahy, with intent to defraud, caused amounts of £5,624 and £7,055 to be paid by the council to a fencing company for his own use or benefit for works included in those sums to the value of £748 and £3,702. These were in respect of a Community Involvement Scheme (CIS) approved by the council, by falsely pretending that the works had been approved by the council.
He is further charged with attempting to dishonestly misappropriate €7,523 from the council in 2003 in respect of a fencing company invoice under the CIS by falsely pretending the works referred to had been carried out and approved by the council.
Another charge alleges he attempted to make personal gain by producing or making use of a document which to his knowledge was false or misleading.
The matter came before the court yesterday to fix a date for Cllr Fahy's trial, but that trial will now be delayed until November following an application by State prosecutor Conor Fahy to have a deposition taken from a person who, he said, would be a crucial witness in the case against Cllr Fahy.
Making the application, Conor Fahy told Judge Raymond Groarke that this witness had refused to co-operate in a Garda investigation into the alleged misappropriation of public funds by Cllr Fahy.
Francis Comerford, defending, objected to the application to have a deposition taken from the named man.
Judge Groarke ordered that a deposition be taken from the man by a District Court judge at Gort District Court on June 26th next.