A judge suggested to a man who owes the State €50,000 that he default on his bank repayments and when it seeks legal redress he tell them that “the taxpayers are paying €3bn to bail them out”.
“Tell him to go and tell the Bank of Ireland to take a flying jump,” said Judge John Neilan to the solicitor of Declan Kelly (36 ) of Pullagh, Co Offaly in the District Court this week (November 11 ).
Kelly was in court for the third time this year to try and present an accceptable repayment plan to the State as restitution for the €53,000 in fraudulent disability payments he collected between July 1999 and July 2007.
Kelly, who has a €210,000 mortgage and a full-time job, pleaded guilty to the fraud in April and had been ordered to pay €400 a month at his last court date in July or face 15 months in jail.
However, Judge Neilan was not impressed this week when it was revealed that Kelly was only paying €200 a month to the State and continued to prioritise his debt to Bank of Ireland.
“I couldn’t care less about Bank of Ireland if they went floating down the Shannon in the morning,” said the judge.
“I’ve no interest in Bank of Ireland, or AIB, or any bank. I’d have more interest in turf banks.
“He’s prioritising his bank payments rather than the Department [of Social Welfare] and I won’t stand for it.
“He’s paid a paltry sum without regard to his responsibility to the taxpayers.
“He lives in a luxurious house and funded that by a lot of the money he took from the State.”
Kelly’s solicitor, Mr Bryan O’Brien, handed in a revised statement of means to the court and the judge estimated it would still take over 10 years to pay back.
“I’m trying to keep your client out of prison. Does he go to prison today or does he have €53,000?” asked the judge.
“He doesn’t have it,” said Mr O’Brien.
The full amount defrauded from the State was €53,720; Kelly paid back €3,000 in April and had been paying €80 a week since July. A balance of €49,840 was outstanding.
Kelly argued he had halved his bank repayments since his last court date.
“Halved it?” asked the judge.
“Did you tell them [the bank staff] the taxpayers are paying €3bn to bail them out?
“Why don’t you tell them you won’t be paying them anything and they’ll have to take legal action against you?”
Kelly didn’t answer.
The judge sentenced Kelly to three consecutive, five-month terms in prison but adjourned their activation until April 4 to allow for a community service report.
However, he made this contingent on Kelly repaying €500 a month from December 1, “and thereafter until the full sum is discharged”.
