A man who collected over €3,500 of his dead brother’s dole was lucky to avoid jail after the judge commuted sentence to seek a community service report.
Patrick Cassidy (30 ) of Bramble Close, Athlone had €350 with him in court this week (January 21 ) but when Judge John Neilan heard he owed €3,583.40 since July 2007 and this was the defendant’s 11th court appearance without having made a repayment, he declared: “I won’t put up with this”.
(Legal aid pays a firm of solicitors €240 for a first appearance and €66 for each subsequent remand. )
“Why is this before the court? I don’t have the time to be wasting. I’m gong to conclude matters today,” he said. Defending solicitor, Mr Padriag Quinn, told the court his client had exactly the amount Judge McGrath told him to have by the date of his next appearance. However, Judge Neilan was not satisfied.
“The taxpayers are paying his legal aid and he’s only paid €350 since July 2007?” asked the judge. “This court will put a stop to it. Your client is going into custody,” he told Mr Quinn.
“That’s the volume of business,” said Judge Neilan as he held up the 58 charge sheets facing Cassidy, each representing a fraudulent payment taken by the defendant.
“This court is not here as a bookkeeping service or to collect small and paltry sums. This is welfare fraud.
“This fella has taken €3,000 from the Department of Social Welfare?”
“He had taken in his deceased brother’s social welfare payments,” said Mr Quinn.
“This could’ve been given to the carers and now you have a net contribution of €350 in two years?”
“That’s what Judge McGrath said he should have today,” said Mr Quinn.
“It’s not realistic or likely that we’ll see anything this side of 2020,” said Judge Neilan. “Has he got the money?”
“No,” said Mr Quinn. “Activate the sentence,” said the judge.
However, after hearing of the defendant’s difficult background from Mr Quinn in mitigation, Judge Neilan said: “It doesn’t seem realistic the defendant could pay compensation,” and adjourned sentencing until April 1 to seek a report from the Probation Service on the likeliness of Cassidy repaying his societal debt with community service.
