Judge rejects plea from convicted fraudster

By Eimear Dodd

A judge has declined an application from defence counsel to revisit a three-year prison sentence imposed on the “author” of a scheme which saw false deeds used to change the ownership of two Dublin properties.

Philip Marley (53) of Rathbourne Court, Ashtown, Dublin, pleaded guilty during a Dublin Circuit Criminal Court trial last November to procuring fraudulent entry into the Property Registration Authority’s registry, deception and procuring the registration of a false deed.

Earlier this month, Judge Sinead Ni Chulachain handed Marley a three-year sentence but agreed to defer its formal imposition until Thursday to allow the defendant to make arrangements for the care of an adult son, who has severe neurological symptoms.

When the case was called, Padraig Dwyer SC, defending Marley, asked the judge to revisit the sentence and to consider suspending a portion of it. He handed an updated report from a forensic psychologist to the court.

Refusing the application, Judge Ni Chulachain said the court had considered the matters raised in the report and reduced Marley’s moral culpability to reflect it when constructing the sentence.

She directed that the report should be given to the prison authorities and expressed the court’s hope that this would assist the governor to place Marley in a suitable environment.

Marley thanked the judge before he was taken into custody.

The court also heard mitigation on behalf of Marley’s co-accused, Herbert Kilcline (64), a former solicitor with an address at Bessborough Parade, Rathmines, Dublin.

Kilcline was convicted of two counts of using a false instrument, two counts of failing to keep records, two counts of the fraudulent procurement of an entry into the Property Registration Authority’s registry and two counts of failing to apply the required measures as a designated person.

All counts faced by both men took place between 2016 and 2018 and relate to two properties: one located on Phibsborough Road, Dublin, and the other on St Mary’s Road, Dublin 4.

The scheme involved the insertion of a false deed onto the title of both properties, and as a result, people who were not entitled to be registered owners were listed as the registered owners.

John McGowan SC, defending Kilcline, said his client was initially inclined to accept the verdict of the jury, but now wishes to appeal.

Counsel outlined to the court that a handwriting report prepared on Marley’s behalf had recently been provided to Kilcline’s defence and that this document raises the possibility that the deed of conveyance may have been valid.

Mr McGowan said his client acknowledges that he fell short of his professional obligations but does not accept full responsibility.

Kilcline is a Thalidomide survivor. His client’s practising certificate “is in limbo”, Mr McGowan said, adding that Kilcline expects the certificate may not be renewed.

Counsel outlined his client’s background and personal circumstances to the court. A number of reports were handed in.

Counsel said his client acted as a “covert human intelligence source” for gardai at one stage. Kilcline has previously received a formal notification of a threat to his life and gardai uncovered “two separate conspiracies to murder him”, counsel said.

The judge adjourned Kilcline’s sentencing to June 23 for finalisation.

During a previous hearing, Judge Ni Chulachain said Marley was the “author” of the scheme, which was “planned and premeditated”.

She said Marley had “duped” others, engaging with professionals and the Property Registration Authority.

The judge noted the financial losses suffered by the injured parties and that the legitimate owners had to take High Court proceedings to regain title to their properties.

A forensic psychological report provided to the court stated that Marley has a diagnosis of ADHD, ASD and bipolar disorder. The judge noted these diagnoses are provisional as Marley has yet to attend a full psychiatric assessment.

The judge said that Marley appeared to have minimised his activities when speaking with the forensic psychologist. She noted that he is assessed as being at low risk of reoffending, but said the court had concerns about his level of remorse for the corporate entities affected, the integrity of the land registry system, and for the professionals who became embroiled in the scheme.

Garda Sergeant Ronan Farrelly previously outlined to Bernard Condon SC, prosecuting, that a false deed was inserted onto the title of both properties, and as a result, people who were not entitled to be registered owners were listed as the registered owners.

The garda investigation began following an internal review by the Property Registration Authority.

Evidence was heard that the legitimate owners of the Phibsborough Road property purchased it in the 1990s with a sitting tenant ADT, later known as Johnson Controls, in place.

In December 2016, a false deed of conveyance for this property was lodged at the Property Registration Authority and subsequently registered. This false deed claimed that a company called Kent International Holdings had been the owner of this building, and it was now owned by another company, SLGI.

The court heard the deed was purportedly lodged and signed by a solicitor, who had been acting for Marley in an unrelated matter. This solicitor had not signed or lodged this deed.

Marley directed searches were carried out in the registry of deeds about lands surrounding the Phibsborough Road property. He also engaged a third party to produce maps.

The court heard that stamp duty was paid on the non-existent transaction between Kent Holdings and SLGI.

Kilcline was engaged by Marley to procure a ‘form 3’ for the registration of this property and there were communications between them.

Once SLGI were registered as the owners of the Phibsborough property, the tenants were contacted. ADT/Johnson Controls were advised that rent was now payable to SLGI, and one quarterly payment of €21,000 was made by them in March 2018, with the money ultimately transferred to an account in the United States, the court was told.

There were then discussions about ADT surrendering the lease, and a settlement figure of €245,250 was agreed. This amount was also paid over in late March 2018.

A short time later, the legitimate owner of the Phibsborough Road property became concerned, but the transfer of money had already been completed.

The ownership of the Phibsborough Road property was corrected, and the record of the false transaction was removed after High Court proceedings. ADT/Johnson Controls are still at a loss, the court heard.

In relation to the property on St Mary’s Road, the court heard that the house was purchased in 2007 using a loan from Permanent TSB, with the bank later obtaining an order for possession in 2015.

A false deed in relation to this property at St Mary’s Road was inserted into the chain of title in February 2018. This falsely stated that Kent International Holdings had sold the house to Hamilton Holdings.

The court heard that searches were carried out, which would have shown the full history of the property’s ownership and a false deed created. The deed was purportedly lodged and signed by the same solicitor as for the property on Phibsborough Road, but this solicitor was not involved.

Kilcline made the application to have Hamilton Holdings named as the registered owner of the St Mary’s Road property. A folio was created in June 2018, which listed Hamilton Holdings as the registered owner of this property and the stamp duty that would have been due if the property had been sold was also paid.

The court heard the High Court set aside the false registration of this property in 2023, following separate proceedings. Permanent TSB was not aware a false deed had been registered for this property.

Kilcline signed the ‘form 3’ applications in both cases and certified he had checked the title. He only had the documents for a short period of time before handing them in, and the court heard he only had materials relating to the Phibsborough Road property for one hour. He also said he was not paid for his role.

Details from a forensic accountant’s report were outlined to the court, including a number of transfers to accounts in the United States.  The Property Registration Authority is at a loss, which has not been recovered, the court heard.

Marley has 12 previous convictions for minor road traffic matters. Kilcline has previous convictions for deception, relating to social welfare claims.

Sgt Farrelly agreed with Mr Dwyer, defending Marley, that his client pleaded guilty during the course of the trial, and this plea was of benefit to the prosecution. It was further accepted that Marley complied with his bail conditions, always attended court dates and met gardai by appointment for interview.

Sgt Farrelly accepted a suggestion by Mr McGowan, defending Kilcline, that his client answered questions when interviewed by gardai.

Documents including a probation report were handed to the court  on behalf of Marley.

Mr Dwyer outlined his client’s background, noting that Marley has a diagnosis of bipolar disorder and ADHD, is stable on medication and engaged with mental health services.

Counsel said his client is remorseful for his actions and assessed at low risk of re-offending.

Mr Dwyer noted Marley has no relevant previous convictions and has not come to recent negative attention. He asked the court to consider a non-custodial sentence.