Catherine O'Brien claimed she was threatened by man in balaclava, court hears
Catherine O'Brien, aged 47, of An Grianan, Ballinroad, Dungarvan, Co Waterford, stands accused of three charges of making gain or causing loss by deception contrary to Section 6 of the Criminal Justice (Theft and Fraud Offences) Act 2001 against complainant John Blake.
Mr Blake transferred €20,000 to the accused for the purchase, transport and insurance of a French broodmare named Lingreville. The defence have alleged that the mare bought by Mr Blake was named Shamalana, not Lingreville, due to an error made in 'good faith'. Mr Blake rejects the claim.
No records of Lingreville's transport to Ireland
On Thursday, July 3, Liz Lynch of Five Star Bloodstock Transport gave evidence via video link about the transporting of a mare. She confirmed the transport of a mare named Shamalana, not Lingreville.
International movements administrator at Weatherbys Annette Doyle appeared in person to give testimony. She explained that Weatherbys would have been informed about any transport of a thoroughbred to another country and that there was no record of Lingreville being brought to Ireland after 2015.
Simon Donagh, defending, asked all three witnesses if gardaí had ever requested their phones as part of the investigation. They said no.
Two €20k transfers into bank account
At Waterford Circuit Court on Friday, Detective Garda Joe Wyse and Conor O'Doherty BL, prosecuting, went through a number of financial documents related to a closed bank account that was opened in 2012 by Catherine O'Brien for her daughter Katie in an Ulster Bank branch in Clonmel, Co Tipperary.
Catherine O'Brien, aged 47, of An Grianan, Ballinroad, Dungarvan, Co Waterford. Picture: Dan Linehan
Documents revealed two transfers of €20,000 made by the complainant John Blake — on February 21, 2018, and April 5, 2018 — via Swift.
The account was closed on May 29 2019. The jury was shown statements of lodgings and transactions.
Simon Donagh, defending, told Det Wyse the large sums of money taken out of the account were 'given to John Walsh', referring to the man Mr Blake met through the accused. Det Wyse confirmed that he was not aware of that.
Mr Donagh then asked the detective if he was aware that the account was closed following a request by gardaí. Det Wyse said: 'I have no evidence of that' and that he understood that the account holder was then based in Cork and closed the account for convenience.
Reports of threats to Ms O'Brien
Det Garda Martin Keohane gave evidence via video link about an alleged incident that occurred on September 21, 2019. The accused claimed several men had come to her house in Dungarvan, threatened her and demanded €46,000 from her.
Mr Donagh asked Det Keohane if he was aware of any additional or video messages containing threats to Ms O'Brien and her home.
Det Keohane confirmed he had seen a video of a man wearing a balaclava sitting in the back seat of a car, purportedly outside of O'Briens' home, asking for 'money owed, stating that the 'problem wasn't going anywhere' and threatening to damage the house.
Det Keohane confirmed that there was no prosecution in the matter.
Ms O'Brien 'never came to court'
Mr O'Doherty noted that two people had been sent forward for trial in Circuit Court but a nolle prosequi verdict had to be given. Det Keohane stated that Ms O'Brien 'never came to court' over the case. He further stated that Ms O'Brien 'couldn't be located' in Waterford for a 'number of years'.
Mr O'Doherty asked Det Wyse if there was any indication that a relative of Mr Blake was present at the alleged incident to which he said no.
Det Wyse told the court that he had analysed Mr Blake's phone on foot of his official statement.
He confirmed that he had photographed the messages between the accused and the complainant from the latter's phone, an iPhone and a Samsung.
According to the detective, in recent months attempts were made to forensically analyse the iPhone but there was a risk of deleting all evidence.
When asked by the defence why the Samsung phone wasn't taken away for analysis, Det Wyse said:
Mr Blake is suffering from cancer, he lives alone and that was the only phone he has.
Mr Donagh queried why Mr Blake's phones were analysed by the detective but not the phones of witnesses Annette Doyle and Liz Lynch.
Det. Walsh said the witnesses were 'cooperative and compliant' and had signed a declaration that their statements were based in fact.
Mr Donagh stated: 'The jury can't be told to take this at face value,' to which Det Wyse replied: 'I don't accept that, Annette Doyle was here.' Mr Donagh said: 'Well, Ms O'Brien says she's not guilty, should we just take that at face value?
Det Wyse retorted: 'The evidence is different though, isn't it?'
Mr Donagh referenced an earlier claim that John Walsh offered to pay Mr Blake back €45,000 in three instalments of €15,000.
Det Wyse confirmed that Mr Blake told him that was a 'possibility of getting his money back.' Jury were presented with a document that pertained to be a settlement dating from October 2021 between the accused, the complainant and John Walsh.
Defence counsel informed the court that they have called John Walsh as a witness and he is due to appear on Tuesday.
The trial continues.
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