Bryson, McKay and O'Hara cleared of charges in Nama trial

Mark Simpson and Eimear Flanagan
BBC News NI
BBC A composite photo of Jamie Bryson,  Daithi McKay and Thomas O'Hara. BBC
Jamie Bryson, Daithí McKay and Thomas O'Hara were all cleared of the charges against them

Three men, including loyalist activist Jamie Bryson and former Sinn Féin assembly member Daithí McKay, have been cleared of charges relating to misconduct in public office.

Mr Bryson, 35, from Rosepark, Donaghadee was charged with conspiracy to commit misconduct in public office in September 2015.

Mr McKay, 43, from Loughan Road, Dunnamanagh, was accused of misconduct in public office.

Former Sinn Féin party worker Thomas O'Hara, from Lisnahunshin Road, Cullybackey, also faced a conspiracy charge.

Judge says Bryson 'lied on oath'

The case centred on a meeting of a Stormont committee 10 years ago, related to the National Asset Management Agency, known as Nama.

Mr Bryson gave evidence at the meeting, which was chaired by Mr McKay, a Sinn Féin member of the assembly at the time.

Liam McBurney/PA Wire Jamie Bryson, a man with short, blonde hair, pictured outside court at an earlier hearing in the case.  He is wearing a light blue checked suit, a pale shirt and a striped blue tie.  He is carrying a black backpack on one shoulder. Liam McBurney/PA Wire
Jamie Bryson denied a charge of conspiracy to commit misconduct in public office

Mr Bryson's evidence to the committee was about the alleged wrongdoing around how Northern Ireland property loans were handled by Nama.

In his remarks before delivering his verdict on Mr Bryson, the judge said he believed he had "lied on oath" during part of his evidence to the court.

However, the judge concluded there was no criminal conspiracy between him and Mr McKay and both were acquitted.

Mr O'Hara insisted during the four-week trial that he did nothing wrong.

Judge Gordon Kerr KC delivered his judgement in the case on Thursday, two weeks after the trial ended.

The meeting of Stormont's finance committee took place on 23 September 2015.

The prosecution argued that procedural rules of the committee were subverted, through secret messages before the meeting between the three defendants.

Mr Bryson admitted sending a series of private messages to Mr McKay and Mr O'Hara but insisted they did not break any laws.

'Secret messages'

Mr McKay resigned from the assembly in 2016 after claims emerged in the Irish News and on the BBC's Nolan Show that he had "coached" Mr Bryson before the meeting the previous year.

After a complaint was made to the police, an investigation began which resulted in charges and ultimately a court case.

Liam McBurney/PA Wire Daithí McKay walking towards a camera on a street during an earlier hearing in the case.  He has short, greying hair and a beard. He is wearing a light grey suit, a pale or white shirt and a black tie.  He is carrying a black backpack with a strap over each shoulder. Liam McBurney/PA Wire
Daithí McKay resigned as an assembly member over the scandal in 2016

In a statement, Mr McKay's solicitor said he "has already paid a heavy price for the decision of the PPS to prosecute this case".

"He was placed in a legal pressure cooker for 10 years and has had to endure a seven-week trial.

"For the past decade Mr McKay has lived his life under the cloud of serious criminal proceedings and all the stress that brings."

Speaking outside court, Mr Bryson said he was "absolutely delighted" with the outcome.

"No matter what anybody says, no matter who you are, you would be a liar to say if being put through a crown court criminal trial is not a stressful and a horrible experience, it absolutely was for me and for everybody," he said.

"This was an outrageous prosecution from the start. It's a humiliation for the Public Prosecution Service, and there has to be serious questions asked now about why they brought this."

The Public Prosecution Service (PPS) said in a statement that it was "in the public interest to prosecute" and the evidence provided "a reasonable prospect of conviction in court".

Following an investigation by the PSNI, the PPS said it "took the decision to prosecute after a team of experienced lawyers, including independent senior counsel, carefully examined all the evidence in the investigation file".

"At all times we remained satisfied that the available evidence provided a reasonable prospect of conviction," it continued.

"The PPS does not decide the guilt or innocence of any defendant. That is always decided by a court.

"The evidence has now been tested during the adversarial trial process and we fully respect the judge's ruling."

O'Hara 'vindicated and relieved'

Thomas O'Hara's solicitor said his client had "always maintained his innocence" and they were happy with the outcome of the case.

"My client is relieved," Pádraig Ó Muirigh told reporters outside the court.

"Eight and a half years ago, at interview, he gave a full and honest account.

"He [did] so again at trial and the judge obviously, in the verdict today, has recognised that. So he feels vindicated and relieved that this is behind him."

The lawyer added that the case "took too long" and had a "massive impact" on Mr O'Hara and his wider family.

From the scene: Bryson makes a quick exit

Mark Simpson, BBC News NI, communities correspondent

As soon as Jamie Bryson heard the words "not guilty" he sprang up from his seat in Court 16 and hurried out of the dock.

Daithí McKay was still waiting to hear the verdict on his charge, but his co-accused was gone in a matter of seconds.

During the 50-minute hearing, the two men sat with their heads down, taking notes for much of the time.

Both men enjoy writing and have strong opinions.

It would be no surprise to see their own verdicts on the trial published in the near future.