“Author” of property fraud scheme faces prison term

By Eimear Dodd

The “author” of a scheme which saw false deeds used to change the registered ownership of two properties in Dublin without their legitimate owners’ knowledge has been told he faces a prison sentence of three years.

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.

All counts took place on dates 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.

Yesterday, Judge Sinead Ni Chulachain said Marley was the “author” of the scheme, which was “planned and premediated”.

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.

Padraig Dwyer SC, defending Marley, asked the court to delay the formal imposition of the three-year sentence for four weeks to allow his client to make arrangements for the care of an adult son, who has severe neurological symptoms.

Judge Ni Chulachain agreed to remand Marley on continuing bail until June 19 and said the court would require “compelling evidence” if a further adjournment was to be sought on that date.

A forensic psychological report provided to the court stated that Marley has a diagnosis of ADHD, ASD and bipolar disorder.

The judge noted these diagnosis 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 he is assessed at low risk of re-offending, 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.

Marley’s co-accused Herbert Kilcline, (64), a former solicitor with an address at Bessborough Parade, Rathmines, Dublin, 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.

John McGowan SC, defending Kilcline, applied for an adjournment time to take further instructions in light of disclosure of a handwriting report prepared on behalf of Marley and to make a plea of mitigation.

Judge Ni Chulachain agreed to adjourn finalisation of Kilcline’s sentence to June 19. At a hearing earlier this week, the judge noted a probation report states that Kilcline does not accept the jury’s verdicts and intends to appeal.

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 owners 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.