A former Fianna Fáil councillor has gone on trial on 21 sample charges of obtaining money by deception from two people who came to seek his help to manage their personal debts.
Gary O'Flynn (38) with an address at Hayfield Drive, Castle Court, Whitechurch, Co Cork denied the charges when he was arraigned before a jury panel at Cork Circuit Criminal Court.
A financial advisor, Mr O'Flynn is accused of 13 sample counts of obtaining monies totalling €1,000 by deception from Eric Higgins between December 31st 2009 and January 27th 2012.
He is also accused of a further eight sample counts of obtaining monies totalling €341 by deception from Deborah O’Shea between October 29th 2009 and August 24th 2012.
Prosecution barrister Jane Hyland BL said the sample charges were taken from 130 bank transactions in which Mr Higgins and Ms O’Shea both paid money to Mr O’Flynn.
The State would allege Mr Higgins paid €6,375 into two bank accounts nominated by Mr O’Flynn and that Ms O’Shea paid in €2,002 into the same two bank accounts.
She told the jury of eight men and four women that the case involved both complainants coming to Mr O’Flynn seeking his assistance as debt advisor to manage their finances.
Former builder Mr Higgins told the court he was struggling with debts to both Bank of Scotland and Friends First when he received a letter from a company called Debt Assist.
He rang the company and was told to have €50 ready to pay them and he went and met Mr O’Flynn who said he could help him restructure his debts.
“He told me he was also a solicitor and would engage with the institutions. He told me, ‘don’t worry, all will be fine’,” said Mr Higgins.
He said Mr O’Flynn set up an agreed payment of €40 a week to Bank of Scotland and €22.50 to Friends First, a total of €62.50 to be paid into a bank account nominated by Mr O’Flynn.
The bank account was with AIB South Mall in Cork but later on Mr O'Flynn asked him to pay the money into an account with Bank of Ireland in Blackpool and he did this.
He believed the money was being paid back to Bank of Scotland and Friends First but began getting letters from both institutions threatening legal action over failed payments.
“When I told Gary O’Flynn about the letters, he said “Bring that up to me, I will sort that out too… It is only money, don’t be panicking, don’t be worrying.”
He continued to get letters from the financial institutions and when he later contacted Mr O’Flynn he said he no longer did that type of work and referred him to a firm of solicitors.
He contacted the firm of solicitors who in turn referred him to the Garda Bureau of Fraud Investigation and he made a formal complaint about the money he had lost.
Cross-examined by Mr O’Flynn’s barrister, Tom Power BL, Mr Higgins denied his difficulty was with Debt Assist and said he dealt “solely with Gary O’Flynn”.
Mr Higgins rejected a suggestion by Mr Power there was never an arrangement with Mr O’Flynn to make payments to his creditors and that what he paid were fees to Mr O’Flynn.
Mr Power suggested €1,562 paid by Mr Higgins was for Debt Assist fees and €4,812 was for solicitor’s fees to Mr O’Fynn but Mr Higgins strongly rejected this.
Mr O’Flynn had never discusssed payment of fees with him and he had never engaged Mr O’Flynn as a solicitor to advise him on legal matters relating to insolvency, he said.
Mr Higgins agreed he was taking a civil action against Mr O’Flynn for damages but he denied his evidence was self-serving or that he wanted to be in court.
“That man (the accused) has put me through hell and back and put my family through hell and back,” said Mr Higgins.
The case continues and is expected to last several days.
