Racehorse owner Conor Clarkson jailed for forgery in connection with €1.6m land sale

Well-known businessman and horse owner Conor Clarkson has been jailed for two years, with the final nine months suspended, for forgery in connection with a land deal.

Judge Patrick Quinn said it appeared significant planning went into the fraud, which involved the forgery of a recently widowed equestrian centre operator’s signature on documents which expanded a right of way in to land Clarkson (60) was selling.

The sentence came just under a week after a jury found Clarkson guilty of two counts of forgery and two of using a false instrument to the detriment of Jean Duggan following an eight-day trial at Wicklow Circuit Court, sitting in Bray.

Clarkson forged or arranged for the forgery of Mrs Duggan’s name on two documents, a statutory declaration and a death certificate, in October 2014, contrary to the Criminal Justice (Theft and Fraud Offences) Act 2001.

The documents and others were necessary for the expansion of a right of way into development land along a laneway close to Mrs Duggan’s home in Enniskerry, Co Wicklow.

At the time, Clarkson, with an address at Cairnfort, Enniskerry Road, Stepaside, Co Dublin, was selling a site at the end of the laneway to a pension fund owned by property develop Richard Roche.

The court heard the €1.605m sale would not have gone ahead without the expanded right of way.

Clarkson was acquitted of four other counts, relating to the forgery and use of a deed and an indenture, while a co-accused, his close friend Paul Wrynn (48) was acquitted of two forgery charges.

Counsel for Mr Clarkson, Sean Gillane SC, indicated his client did not accept the guilty verdicts against him.

“My client’s position is as was,” said Mr Gillane.

“There is no volte-face.”

In a victim impact statement read to the court by prosecution counsel James Kelly BL, Mrs Duggan (78) said she felt targeted as a vulnerable widow by Clarkson.

She said the offending had impacted on her psychologically, health wise and financially.

Mrs Duggan also said that during trial she was called a liar and that she felt “generally defamed” by what she described as an attempt to portray her evidence as not credible.

“When you are an honest person and telling the truth, it is greatly distressing. It has had a tremendous effect on me, being called a liar,” she said.

Clarkson, a property developer who was well-known in racing circles through his ownership of 2005 Cheltenham Gold Cup winner Kicking King, showed little or no emotion as the sentence was handed down.

He was accompanied in court by around a dozen family and friends, including his wife Dymphna. Another female relative burst into tears after the sentence was read out.

The investigating officer in the case, Detective Sergeant Donal O’Sullivan of Arklow Garda Station, gave evidence that Clarkson, had cooperated with gardaí, meeting them by appointment for an interview and when he was charged.

He also confirmed to the court that Clarkson had no previous convictions and had not otherwise been in trouble with An Garda Síochána.

Pleading for leniency, Mr Gillane said Clarkson had worked and contributed to society since graduating from Oatlands College with his Leaving Certificate, rearing three children, one of whom was working and two of whom were in college.

Mr Gillane said character references had been handed in to court which “speak well of his background, fortitude and character”.

He said Clarkson was largely responsible for caring for his parents, both in their 90s, assisting them with shopping and medical appointments.

It was also pointed out by Mr Gillane that the property had been sold at a considerable loss by Clarkson, with the proceeds going to Ulster Bank.

Judge Quinn acknowledged the pleas made in mitigation, reducing the sentence period from what would have been a headline sentence of three years.

The judge said he had regard to Clarkson’s previous good character, his life to date, and standing in he community.

But he added that fraud cases were no different to other cases of dishonesty.

“Serious premeditated fraud will almost always result in a custodial sentence,” he said.

Judge Quinn observed that the offending would have gone undetected but for a chance encounter between Jean Duggan’s son Tim and a neighbour after a tree fell down during a storm.

The trial heard how the fallen tree set in motion a chain of events which led Tim Duggan to discover not only that the land at the end of the lane had been bought by Mr Roche’s fund, but that the various documents had purportedly been signed by his mother to expand the right of way.

Mrs Duggan said she never signed any such documents.

The judge said he had regard to Mrs Duggan’s victim impact statement and also the fact Mr Roche was at a loss.

Ten years after buying the land, it remains undeveloped and there are civil proceedings in being against Clarkson, to which Mrs Duggan was also joined.

The judge said that while Clarkson had made a loss on the land, the forgery had nonetheless provided “an advantage to him”.

Judge Quinn said motivation “by greed” could be considered a severe aggravating factor.

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