A man with a full-time job and a mortgage who defrauded the State out of €53,720 in disability claims, was given until July 15 to come up with a repayment plan or go to jail for 15 months.
The District Court heard this week (April 22 ) how Declan Kelly (35 ) from Pullagh, Co Offaly was in receipt of a disability benefit between July 1999 and July 2007.
His solicitor, Mr Barry McLoughlin, told the court how Kelly had been in receipt of a genuine claim but “foolishly” failed to notify the authorities of his change in circumstances when this came to an end.
“He accepts he was wrong but he doesn't have a cheque for €53,000, but he can offer the court €3,000,” said Mr McLoughlin.
“He was alerted to these debts but did nothing,” thundered Judge John Neilan.
“If he took this money from a financial institution he would go to jail for three to five years.
“Look, if he doesn't have it, he'll go to jail for 15 months. This man stole €53,000 from the Department of Social Welfare. By any standards this is a serious crime, and justice requires he go to jail for the crime he perpetrated on the State.”
“If he goes to prison he will lose his job,” said Mr McLoughlin.
“He has a residence and a mortgage with his partner.”
“You are obliged to list the luxuries of his life,” said the judge.
“I express the view that if people want to rob the disabled, the elderly, the hospitals then they will go to jail. This is a most despicable type of offence.
“Why shouldn't the people of this State be given the same respect as the banking institutions?
“He'll have to go out into the marketplace of the world and find €53,000 or go to the Midlands Prison for 15 months.”
Mr McLoughlin handed in his defendant's €3,000 offer to the court; however, Judge Neilan again demanded full disclosure.
“I can't make a compensation order until I know what his situation is.
I can't even consider a compensation order. I don't know whether his mortgage is in arrears, whether his partner works, whether they have two cars or four cars,” said Judge Neilan.
Mr McLouglin told the judge he could organise such detail in a short period and Judge Neilan demanded mortgage details and all the defendant's bank details be furnished to the court by July 15.
“I will have a better opportunity to consider whether to order compensation by then.”
