Prosecution Cases 2008

The Director of Public Prosecutions v. Stuart Fogarty

28 May 2008

Details of Defendant:
Stuart Fogarty, Director of Aubrey Fogarty Associates Limited

Company Number:

Registered Office:
46, James Place East, Dublin 2.

Dublin Circuit Criminal Court

The Honourable Judge Delahunt

Alleged Offence(s):
The defendant was charged on 13 separate charges, that as Director of Aubrey Fogarty Associates Limited he authorised or permitted the company to lend him sums while he knew or had reasonable cause to believe that the company was thereby contravening Section 31 of the Companies Act 1990.  These are indictable offences under Section 40(1) of the Companies Act 1990. 

On the 28th May 2008, on a plea of guilty, the Court convicted him on each of the 13 counts and fined him a total of €34,000.  The Court imposed a two year suspended sentence in relation to one of the offences. On two other counts, the Court sentenced him to two years but indicated that this would be replaced with Community Service if the defendant were suitable, after seeing a report from the Probation and Welfare Service (the question to come before the Court on the 11th of July 2008).

On the 11th of July 2008, having heard submissions from the prosecution and the defence, the Court ordered that the defendant perform 249 hours' Community Service but adjourned the question of Mr. Fogarty's disqualification until the 17th of December 2008 (under Section 160(1) of the Companies Act 1990).

On the 17th of December 2008, having considered  the matter of disqualification, the Court disqualified Mr. Fogarty for a period of six months (from 28th May until 27th November 2008).

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