THE Court of Criminal Appeal will give its decision on Thursday on yesterday's appeal by a former director and solicitor to the Irish Press Group, Elio Malocco, against his conviction for forgery. He is also appealing his sentence of five years' penal servitude.
A year ago, Malocco (40), of Oldcourt Avenue, Firhouse, Dublin, was convicted by a jury at the Dublin Circuit Criminal Court on fraud charges involving £68,500, money which he had been given by the Irish Press to deal with libel actions.
Judge Dominic Lynch, when sentencing Malocco, said there had been no attempt at restitution. Malocco had been entrusted with funds and the jury had found him guilty of dishonesty. The company and the public were entitled to protection from fraud.
Yesterday, Mr John Coughlan SC, for Malocco, submitted there had been no evidence before the jury of intention to defraud. The evidence was that Malocco's partner was the person who controlled and managed the financial aspects of the practice.
It transpired from the evidence, said Mr Coughlan, that Malocco had no financial involvement in the financial transact ions of the practice, although he did write cheques.
In relation to evidence of Malocco's signature on documents, Mr Coughlan said no handwriting expert had been produced.
People who had a previous acquaintance with Malocco gave evidence about handwriting. The trial judge ruled the evidence was admissible on the grounds of familiarity with Malocco's signature.
Mr Coughlan submitted that no witness went beyond saying the signature was like or similar to Malocco's. The judge should not have allowed the evidence to go to the jury.
Mr Coughlan, in his submission on the five year sentence, said Malocco stood in a different category than most accused in that his client was a solicitor. If his conviction stood he could no longer be entered on the roll of solicitors. That was viewed by the courts as akin to a criminal penalty.
Mr Sean Ryan SC, for the State, said the evidence adduced by the prosecution was more than sufficient to support a claim of intent to defraud. The issue was properly left to the jury in the case.
On the question of proving the handwriting, Mr Ryan said that in respect of a number of critical letters and documents, those were essentially acknowledged by Malocco himself in his admissions to the gardai.
Mr Justice Keane, who presided, said the court would give its decision on Thursday.