Some of the charges against four men accused of a multi-million dollar bank draft conspiracy have been dropped by Judge Patrick McCartan at Dublin Circuit Criminal Court.
Judge McCartan said the prosecution had not presented enough evidence to let the charges go before the jury. However, all four still face other fraud charges. Two of the charges thrown out related to a false bank drafts made out for sums totalling $72,000,000.
Judge McCartan first threw out a charge of fraudulent conspiracy against one of the accused, Mr Christian Obumneme who was alleged to have been involved in a plan to defraud US businessman Mr Terry Smith of $2 million.
The plan allegedly involved offering Mr Smith a share of a false $32,000,000 pay-out from a Nigerian housing project.
Judge McCartan said that similar charges against the other three accused would go to the jury.
He also cleared Mr Thomas Anthony O'Brien of trying to obtain money by false pretences by possessing a false bank draft with another accused, Mr Raymond Folkes, who still faces that charge.
He cleared Mr Folkes and Mr Obumneme of a similar charge of trying to obtain money by false pretences by possessing a false bank draft made payable to a person or company called Plasanso Lda Lisboa.
He also cleared Mr Obumneme of a false pretences charge relating to a false $40,000,000 bank draft made payable to a man named Jan Otto.
Judge McCartan cleared a fifth man, Mr Achike Okigbo, earlier this week on two counts of conspiracy to commit fraud.
Mr Patrick Gageby SC, prosecuting, told the jury it had to decide if the four remaining accused conspired to defraud, what their roles were and if they did anything concerning two linked "scams" operated from an office in Dublin which he said was "a factory of fraud".
Mr Gageby said the company called World Wide Clearing and Finance, which was based in Lower Baggot Street, Dublin, was "conceived in fraud" and false names and addresses used to form it. It had no bank account or cheque book but a lot of expense was put into the operation.
He said there was no dispute that a US businessman came over to meet people associated with the company on foot of fax messages and the jury had seen video and still pictures involving Mr Smith and some of the accused.
The jury also had the evidence of notebooks and names in them, counterfeit bank drafts, one of the accused chewing a bank draft and a draft of a letter which was taken from the Baggot Street office among other items.
The accused are Mr Obumneme (35), of Prussia Street, Dublin; Mr O'Brien (61), of Kent Walk, London SW9; Mr Folkes (38), of Dunstans Road, London, SE22; and Mr Obiora Uzodike (29), of Oakcourt Avenue, Palmerstown, Dublin.
All four have pleaded not guilty to trying to defraud retired German businessman Mr Heinz Althoff by forming a fraudulent company.
Mr O'Brien, Mr Folkes and Mr Uzodike are also charged that, between the same dates, they claimed they had bank drafts in their possession worth $32,000,000 and sought $2 million from Mr Smith in exchange.
Mr Folkes, Mr Obumneme and Mr O'Brien are further charged with trying to obtain money by false pretences using documents purporting to be international bank drafts made out for multimillion dollar sums.
The trial is expected to end next week.