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"She's out": Relief among supporters as ex-Anglo official freed from jail

The original sentence should not have been so severe, Mr Justice George Birmingham said today.

AN EX-ANGLO Irish Bank official jailed for conspiring to conceal bank accounts from the Revenue Commissioners has walked free from jail following a successful sentence appeal.

Aoife Maguire (62), of Rothe Abbey, South Circular Road, Kilmainham, Dublin had pleaded not guilty at Dublin Circuit Criminal Court to conspiring to delete bank accounts from the bank’s internal system and conspiring to defraud the Revenue Commissioners on dates in 2003 and 2004.

Following a two month trial and nearly seven hours of deliberations, Maguire along with two co-accused were found guilty by a jury and she was sentenced to 18 months imprisonment by Judge Patrick McCartan on 31 July.

Maguire, who was an assistant manager at Anglo Irish Bank, successfully appealed her sentence today on a number of grounds.

Quashed

The Court of Appeal quashed her original sentence, substituted a new nine month sentence in its place and suspended any unserved portion.

Giving judgment, Mr Justice George Birmingham said this was a serious offence.
An additional element of seriousness is that it was committed in a publicly quoted company and in a major bank, he added.

The banking sector was one where society is entitled to expect propriety and entitled to demand higher standards, Mr Justice Birmingham said.

Citing case law, the judge said that where a court was sentencing a first-time offender of previous good character, such a sentence need not be prolonged.

It was the fact of the sentence rather than the duration that was most important.

Mr Justice Birmingham said the sentencing judge erred firstly in selecting an “unnecessarily severe” sentence of 18 months, and then in failing to consider suspending any part of it.

In view of the court’s finding, Mr Justice Birmingham said it was unnecessary to consider further submissions made on Maguire’s behalf such as interactions between various officials or the fact that there is no open prison for Maguire to serve her sentence, unlike her male co-accused.

Prison

There was now an “implicit admission” of wrongdoing in that the appeal had been confined to an appeal against sentence only, Mr Justice Birmingham said.

The court also had regard to various testimonials.

The Governor of the Dochas women’s prison stated that Maguire had participated in all activities and attended classes in history, woodwork, knitting, photography, music appreciation and was studying Italian.

Her teachers found her to be an excellent student. She got on really well in prison, was extremely undemanding and helped others where possible. She also regularly assisted women who were nervous of being in prison for the first time, the court heard.

Some of the language was echoed in a testimonial submitted by a Fr McDermott from the Bluebell area, who stated that he knew her for 10 years and described her gentle and modest demeanour as an inspiration.

Suspended

Mr Justice Birmingham, who sat with Mr Justice Garrett Sheehan and Mr Justice Alan Mahon, quashed her original sentence, substituted in its place a term of nine months and suspended any unserved portion.

There were audible expressions of relief from about a dozen of Maguire’s supporters in court as the sentence was delivered. One person said “she’s out”.

She was required to enter into her own bond of €100 to keep the peace and be of good behaviour for one year. When asked if she undertook to be so bound, she said “I do” and subsequently thanked the court.

More on the case: Anglo officials jailed for trying to hide accounts connected to Sean FitzPatrick

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    Mute Joan Featherstone
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    Feb 13th 2014, 8:58 AM

    What a super gesture and that hotel is in a beautiful spot. Well done!

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    Mute Robbie Doyle
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    Feb 13th 2014, 9:03 AM

    This is the type of spirit we should be working towards and aspiring to as a country rather than promoting peoples apparent selfishness.

    389
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    Mute Neal •IntoYourHead
    Favourite Neal •IntoYourHead
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    Feb 25th 2014, 11:09 AM

    Okay, relax there and stop judging us all.

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    Mute Alison Irving
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    Feb 13th 2014, 10:46 AM

    Yesterday evening getting on the bus I realised there was no money on my Leap card & I didnt have enough change for the fare – bus driver let me off with the extra because he “couldn’t leave you out there in that weather”. Thanks Dublin Bus!!

    375
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    Mute Ryan Freeman
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    Feb 13th 2014, 9:21 AM

    Session!

    132
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    Mute Darren Callaghan
    Favourite Darren Callaghan
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    Feb 13th 2014, 10:00 AM

    Power Cut, lock in at the Glendalough Hotel during a storm, damn it why didn’t I buy house in Laragh

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    Mute Sean Scanlon
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    Feb 13th 2014, 1:57 PM

    I did

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    Mute Daisy Chainsaw
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    Feb 13th 2014, 11:03 AM

    Whitford House Hotel in Wexford posted something similar. I don’t know if they provided any freebies, but there are worse places to while away a bad evening!

    (*not related or affiliated. I just like the place.)

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    Mute aisling doyle
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    Feb 13th 2014, 11:55 AM

    Love it too :) always a great place to go — great to see people been nice

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    Mute Shanti
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    Feb 13th 2014, 11:26 AM

    I saw a lot of these types of gestures on Facebook last night – including this one..
    Nice to see that sense of community is still with us.. Unlike the garden furniture and a few sheds..

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    Mute Deborah Carroll
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    Feb 13th 2014, 4:43 PM

    Lovely to see them helping out, unlike a certain shop in Newcastle West charging 80 euro for a camping stove this morning…

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    Mute Neal •IntoYourHead
    Favourite Neal •IntoYourHead
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    Feb 25th 2014, 11:11 AM

    That seems quite reasonable for a camping stove.

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    Mute Barry Aston
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    Feb 13th 2014, 3:17 PM

    Great hotel in all truth. Used to lack a bit years ago but is now top notch. Spent 4 days there last week. They are sound staff and the chef is fairly handy too.

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    Mute Jacinta O'Shaughnessy Foley
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    Feb 13th 2014, 10:32 AM

    Brilliant marketing stategy!

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    Mute Mary Blake
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    Feb 13th 2014, 5:37 PM

    Fantastic well done we all need a little help sometimes

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    Mute AICS (Steve Tracey)
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    Feb 13th 2014, 7:29 PM

    Possibly was a marketing, PR strategy. Does that make it any less pf a good thing? I supposevsome people will always find a way of belittling helpful actions.

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    Mute David Giles
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    Feb 14th 2014, 6:02 AM

    Virtue brings its own reward.

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    Mute Gerard Creedon
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    Feb 13th 2014, 12:28 PM

    Great thinkin can’t lose wit dat PR !!

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    Mute Gobblor
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    Feb 13th 2014, 3:48 PM

    wit dat?

    Red thumb for being a moron.

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