Former solicitor jailed for role in Dublin property ownership fraud scheme

Eimear Dodd

A former solicitor involved in a scheme in which false deeds were used to change the ownership of two Dublin properties has been jailed for two-and-a-half years.

Dublin Circuit Criminal Court heard that the scheme involved the insertion of a false deed onto the title of two Dublin properties, and as a result, people were listed as registered owners although they were not entitled to be.

The offending relates to two properties: one on Phibsborough Road, Dublin, and the other on St Mary's Road, Dublin 4.

Herbert Kilcline (64), 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, following a trial last November.

On Wednesday, Judge Sinead Ní Chúlacháin said Kilcline was a “key component” in the scheme and abused his position of trust with the Property Registration Authority (PRA).

She said Kilcline's role was in “no sense peripheral”, that his actions contributed to the losses suffered by the injured parties and had also put the integrity of the land registry system at risk.

She said this may not have been a “deliberate or calculated fraud” on Kilcline's part, but his actions were reckless and went further than professional negligence.

The judge noted that Kilcline does not accept his actions were criminal and characterises them as professional negligence.

Imposing a two-and-a-half-year sentence, Judge Ní Chúlacháin said she had taken into account that custody would be more challenging for Kilcline due to his medical and mental health issues.

Kicline's co-accused, Philip Marley (53), who was described at a previous sentence hearing by Judge Ni Chúlacháin as the “author” of the “planned and premeditated” scheme, was handed a three-year sentence earlier this month.

Marley of Rathbourne Court, Ashtown, Dublin pleaded guilty during the Dublin Circuit Criminal Court trial last November to procuring fraudulent entry into the PRA's registry, deception and procuring the registration of a false deed.

All offending in this case took place between 2016 and 2018.

At a previous sentence hearing, John McGowan SC, defending Kilcline, said his client was initially inclined to accept the verdict of the jury, but now wishes to appeal.

Counsel told the court that a handwriting report prepared on Marley's behalf had recently been provided to Kilcline's defence and that this document raises the possibility that the deed of conveyance may have been valid.

Mr McGowan said his client acknowledges that he fell short of his professional obligations but does not accept full responsibility.

Kilcline is a Thalidomide survivor. His client's practising certificate “is in limbo”, Mr McGowan said, adding that Kilcline expects the certificate may not be renewed.

Counsel outlined his client's background and personal circumstances to the court. A number of reports were handed in.

Mr McGowan said his client acted as a “covert human intelligence source” for gardaí at one stage. Kilcline has previously received a formal notification of a threat to his life and gardaí uncovered “two separate conspiracies to murder him”, counsel said.

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 PRA.

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 PRA and subsequently registered. This false deed claimed that a company called Kent International Holdings had been the owner 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 that 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 that 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 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 that the High Court set aside the false registration of this property in 2023, following separate proceedings. Permanent TSB was not aware that a false deed had been registered for this property.

Kilcline signed the 'form 3' applications in both cases and certified that 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 PRA is at a loss, which has not been recovered, the court heard.

Marley has 12 previous convictions for minor road traffic matters. Kilcline has previous convictions for deception, relating to social welfare claims.

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. It was further accepted that Marley complied with his bail conditions, always attended court dates and met gardaí by appointment for interview.

Sgt Farrelly accepted a suggestion by Mr McGowan, defending Kilcline, that his client answered questions when interviewed by gardai.

Documents, including a probation report, were handed to the court on behalf of Marley.

Mr Dwyer outlined his client's background, noting that Marley has a diagnosis of bipolar disorder and ADHD, is stable on medication and engaged with mental health services.

Counsel said his client is remorseful for his actions and assessed at low risk of re-offending.

Mr Dwyer noted Marley has no relevant previous convictions and has not come to recent negative attention. He asked the court to consider a non-custodial sentence.