A 60-YEAR-OLD financial adviser jailed for ten years for laundering over £3 million stolen in the Northern Bank raid was yesterday given a week to respond to papers from the DPP alleging that he had benefited financially from the crime.
Ted Cunningham of Woodbine Lodge, Farran, Co Cork was convicted last April by a jury on majority verdicts of all ten counts of money laundering arising from the Northern Bank raid in Belfast following a 45-day trial at Cork Circuit Criminal Court.
Cunningham was back in court yesterday when Majorie Farrelly SC for the DPP told Judge Con Murphy that the DPP had prepared a statement in which he alleges Cunningham gained benefit or pecuniary advantage from his criminal activities.
This statement had been served on Cunningham’s solicitor, John O Donohue on June 10th last and the court now required Cunningham to state to what extent that he accepts the allegations and if he does not, to state what he is relying on to refute the allegations, she said.
Ms Farrelly said the serving of the initial statement and the response were preliminary matters to a full court hearing where the standard of proof would be on the balance of probabilities rather than one of beyond reasonable doubt which is used in a criminal matter.
“When it comes to a full hearing there is a road map of what he will say in response to the director’s allegations,” said Ms Farrelly SC, adding that if Cunningham fails to comply with the requirement, he may be treated as accepting the allegations.
Judge Murphy made an order requiring Cunningham to make a reply by June 30th to the State, stating to what extent he accepts the allegations made against him by the DPP or stating on what he plans to base any refuting of these allegations.
He adjourned the matter until then.
