False deeds were used to change the registered ownership of two properties in Dublin without their legitimate owners’ knowledge, a court has heard.
Herbert Kilcline, (63), a former solicitor with an address at Bessborough Parade, Rathmines, Dublin, was convicted by a jury of eight counts following a trial at Dublin Circuit Criminal Court last month.
He 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.
Philip Marley (53) of Rathbourne Court, Ashtown, Dublin, pleaded guilty during the trial to procuring fraudulent entry into the Property Registration Authority’s registry, deception and procuring the registration of a false deed.
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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.
On Monday, Garda Sergeant Ronan Farrelly 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.
He said the Garda investigation started following an internal review by the Property Registration Authority.
The court heard that the legitimate owners of the Phibsborough Road property had 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 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. Mr Condon told the court that Kilcline has a previous conviction, but the prosecution required further time to provide information about this to the court.
Sgt Farrelly agreed with Padraig Dwyer SC, defending Marley, that his client pleaded guilty during the course of the trial, and this plea was of benefit to the prosecution.
Sgt Farrelly accepted a suggestion by John McGowan SC, defending Kilcline, that his client answered questions when interviewed by gardaí.
A number of documents, including a psychological report, were submitted to the court on behalf of Marley. Mr Dwyer said his client has been diagnosed with bipolar disorder and ADHD and is on the autistic spectrum. Counsel said his client is taking medications and is ashamed of his actions.
He asked the court to direct a probation report, with a full plea of mitigation to be made when this report is ready.
The court heard that a probation report for Kilcline is not yet ready.
Judge Sinead Ni Chulachain adjourned the case to April 7th next, when a full plea of mitigation for both defendants is expected to be made.
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