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Nội dung text OPP Evidence Submission | CR03-2025

Public Prosecutions Office An Oifig Ionchúiseamh Poiblí Infirmary Road, Dublin 7 D07 FHN8 Ireland LucasFitzroy Director of Public Prosecutions RE: Evidence Submission for CR02-2025 17 July, 2025 I. I. Introduction This submission is presented to the Central Criminal Court in support of the charges brought against Sapphirine (hereafter "the Defendant") under the Fraud Act 2023, namely: ● Count 1: Fraud by failing to disclose information (Section 108.5) ● Count 2: Fraud by false representation (Section 108.4) Both counts arise from actions undertaken by the Defendant within the jurisdiction of Ireland and in her capacity as an officeholder within the Green Party at the time. II. Relevant Law: The Fraud Act 2023 (Title 108) 1. Section 108.4 - Fraud by False Representation: ● A person shall be guilty if they dishonestly make a false representation intending to make a gain or cause a loss to another. 2. Section 108.5 - Fraud by Failing to Disclose Information: ● A person is guilty if they fail to disclose to another person information which they are under a legal duty to disclose, intending by the omission to make a gain for themselves or cause a loss to another. For the purposes of this prosecution, "gain" and "loss" under Section 108.2 include tangible and intangible property, assets, and reputation. III. Summary of Material Facts ● The Defendant submitted a new Green Party Constitution for approval to the Electoral Commission, which was duly approved on 1 June 2025. ● The Defendant failed to notify the Green Party membership and associated caucus entities of this approval and of the binding effect of the new constitution. ● As a result, party members continued to operate and seek to remove party officials under an outdated constitutional framework, amounting to significant procedural confusion and potential disenfranchisement.
IV. Evidence Submitted A. The Approval of the Second Constitution ● Bunreacht na Chomhaontais Ghlasa Constitution & Inquiry: ● On 6/11/2025 at 9:16AM, party members were questioned by the Electoral Commission when the new constitution was approved and by whom. ● [victoriahaha] (Chair, Electoral Commission) confirms approval date: “01/06.” ● Electoral Commission Confirmation: ● The question is reiterated at 7:08PM in the screenshot: “When was this approved by you? Date?” with confirmation that approval was granted on 1 June. ● There is explicit recognition: “so you told her on the 1st that it was approved. and she then avoided telling her caucus there was a new constitution.” Link to Image Again B. Lack of Notification to Party Members ● Constitution Confusion ● leahvnx states: “active and current consitution... we have a new one but it hasnt been approved so we are still using this” ● This demonstrates party members were not aware that the new constitution had in fact been approved, and were acting on obsolete information. ● Removal Proceedings Confusion ● Ongoing confusion by lewis and discussion among members about which constitution is valid (“We need to ensure that they followed the second constitution’s procedures for removal”). ● victoriahaha (“LOL...IT LOOKS LIKE SHE DID [avoid telling her caucus]”) V. Application to the Charges 1. Count 1: Fraud by Failing to Disclose Information (Section 108.5) ● The Defendant was under a clear duty as an official submitting the constitution to notify members of its approval and binding effect. ● The Defendant failed to notify the Green Party and its caucus, as evidenced by persistent confusion among members and explicit discussion of "avoiding" notification. ● By failing to disclose, the Defendant enabled herself and a select group to retain influence and power over internal party procedures, likely causing loss to others, including potentially incorrect removal of officials. 2. Fraud by False Representation (Section 108.4) ● The Defendant’s omissions amounted to false representation—by silence or misdirection, allowing party members to falsely believe the old constitution still applied. ● The Defendant knew or must have known that this would be misleading (as evidenced by discussions and the description of "avoiding" notification).
● The Defendant gained or sought to secure a benefit—continued influence and avoidance of removal under the new constitutional regime—under false pretenses. VI. Conclusion The State respectfully submits that the evidence demonstrates—on a balance of probabilities—the following: ● The Defendant knowingly and wilfully failed to disclose key governance information to the Green Party after receiving formal constitutional approval. ● The Defendant’s actions were calculated and intended to secure benefit/gain for herself (or a favored circle), and/or cause confusion or loss to others. ● These actions satisfy all statutory elements for fraud under both Section 108.4 and 108.5 of the 2023 Act. The prosecution requests the admission of all attached evidence and asks that the High Court find Sapphirine guilty. Bail ó Dhia ort, Lucas Fitzroy LucasFitzroy Director of Public Prosecutions

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