Men go on trial in relation to fraudulent procurement of two Dublin City properties

By Claire Henry

Three men have gone on trial at Dublin Circuit Criminal Court, charged with various offences relating to the fraudulent procurement of two Dublin City properties.

The trial opened today before Ms Justice Sinead Ni Chulachain and is expected to last five weeks.

Herbert Kilcline (62), a former solicitor with an address at Bessborough Parade, Rathmines, Dublin, pleaded not guilty to a total of eight counts.

These included failing to apply the required measures as a designated person, using a false instrument and fraudulent procurement of entry to the land registry, on dates between September 2016 and June 2018.

Matthew Murphy (52), of The Hardwick, Brunswick Street, Dublin 7, pleaded not guilty to four counts, including money laundering, theft, and failing to keep records between April 2017 and April 2018.

Philip Marley (53) of Rathbourne Court, Ashtown, Dublin, pleaded not guilty to ten counts, which included procuring the registration of a false deed, fraudulent procurement of an entry into the land registry and theft.

All counts relate to two properties, one located on the Phibsborough Road and a second property on St Mary’s Road.

Opening the case yesterday, Bernard Condon SC, prosecuting, told the jury that this case deals with the registration of land and that it is the State’s case that fraud was carried out.

In his opening speech, Mr Condon told the jury that a building located at 113 Phibsborough Road was sold by Park Avenue Estates to two men from Co Kerry in 1993.

This building was sold with sitting tenants and rent of €21,0000 was paid by the tenants each month to the new owners.

In January 2018, a company called SLGI contacted the sitting tenants and informed them that they were the new owners of the building and instructed that rent should now be paid to them. Further negotiations took place between SLGI and the tenants and a “surrender of lease” was agreed, with €246,250 paid out by the tenants and transferred to an accounting firm and then on to an American bank account.

The actual owners of 113 Phibsborough Road did not notice that a payment had not come through from their tenants in early March 2018.

By the end of March, the missed payment was seen and the owners made contact with the tenants who had now paid the lease surrender fee to SLGI.

High Court proceedings then took place between the owners, SLGI and the tenants.

Mr Condon told the jury that Kent International lodged another deed to a house in 2017, which had been bought by a couple for €2.9 million euro in 2007.

The couple were unable to pay the mortgage and PTSB took possession of the property.

The couple involved will give evidence during the trial that they did not convey this property to Kent International.

The trial continues tomorrow before Ms Justice Ni Chulachain.