A 25-year-old woman was jailed yesterday for two years for what was described as her “willing participation” in an organised ATM skimming operation.
The Galway Circuit Criminal Court heard how Catalina Bozariu had claimed that she had been under the malevolent influence of her boyfriend at the time and had refused to provide gardai with information about accomplices because she was in fear.
However Judge Raymond Groarke ruled that the defendant, with an address at 22 Prospect Hill, Block 4, Finglas Road, Dublin 11, could not hide behind such excuses and that she had been a “willing participant” in highly professional and organised crime.
The young Romanian woman, with no previous convictions, had iniatially pleaded not guilty to four counts of theft at her arraignment on February 24, 2008; however pleas to two counts were later changed to guilty. The charges include: dishonestly appropriating €300 and €200 without the consent of Leo Cunniffe on or around November 7, 2007, at the ATM of Allied Irish Bank, Loughrea; dishonestly appropriating €700 on November 12, 2007, at the ATM of Bank of Ireland, Skerries, Co Dublin, and on November 14, 2007, another €700 at the ATM of Bank of Ireland, Rathoath, Co Dublin; both were without the consent of Mary Corbett.
Detective Eileen O’Connor gave evidence that on November 29, 2007 she received a report from Mr Cunniffe regarding the thefts. CCTV footage was obtained from the ATM located at AIB in Loughrea and stills provided a description of the perpetrator. On December 8, 2007, thefts from the bank account of Mary Corbett were also reported. CCTV footage obtained from the BoI in Skerries, Co Dublin, showed the same woman withdrawing €700 cash. On March 3, 2008, the accused was arrested and detained at Naas Garda Station. During interviews Bozariu made no comment to the charges. Det O’Connor further explained that the account of Mr Cunniffe had been “skimmed” on November 6, 2007, at the BoI in Eyre Square, Galway, and that the same was done to Ms Corbett’s account at the BoI in O’Connell Street, Dublin, on October 26, 2007.
Barrister for the defence Tom Neville BL stressed that the charges were for withdrawal of the money only and not for placing skimming devices on the ATM machines. He said that his client had been involved with a boyfriend who promised her work when she came to Ireland in August 2007. He said that “influence was exerted on her” and “she carried out these deeds under the control of that person”.
“She has now split from the malevolent influence on her,” said Mr Neville, who added that Bozariu is entitled to stay in the country but not to work, has remained in the jurisdiction since the offences without the help of social welfare, and has not come to garda notice.
When questioned by Judge Groarke Det O’Connor told the court that this type of crime was a regular occurrence in Ireland and that it was mostly perpetrated by foreigners. She also said that the accused has not assisted the Gardai in identifying her accomplices.
Mr Neville explained that his client had been “in fear of the consequences of mentioning anything”.
After hearing the evidence, Judge Groarke said that the accused was a “willing participant in a professional scam engaged in by others to defraud the banks”. He then imposed a term of two years imprisonment on each count to run concurrently.
