'Author' of property fraud scheme faces prison term
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.
On Thursday, 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 19th 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 19th. 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.
Marley has 12 previous convictions for minor road traffic matters. Kilcline has previous convictions for deception, relating to social welfare claims.
