A man who embezzled nearly €6,000 from two employers had his case adjourned for a fortnight in the District Court in Athlone this week (July 13 ) to check if the time between one offence and issue of the summons could materially affect the charge.
Before the court was James Egan (42 ) from Ashlawns, Clonbalt Woods, Longford who was appearing from custody after a bench warrant had been issued when he had failed to appear on June 15. On that date he was due to present a repayment plan after he had misappropriated €4,345 from Heavenly Foods on March 8 2009.
Judge Seamus Hughes asked him why he had not appear as mandated, and Egan told him he had fallen off a ladder at his brother-in-law’s and “was in casualty in Longford waiting all day for an X-ray”.
“And you weren’t strong enough to pick up a phone or a mobile? I was here twiddling my thumbs,” asked the judge.
His solicitor, Patricia Cronin, told the court her client had pleaded guilty before Judge Patrick Clyne on October 20, had the facts heard since by Judge David Anderson, and was now in court to finalise a repayment plan.
“He’s only paid €260 since October,” noted the judge.
“He left a BMW as a security deposit with Heavenly Foods and is trying to sell it,” said Ms Cronin.
After hearing this car was valued at between €700 and €800, Judge Hughes declared: “That won’t put much of a dent in €4,300”.
Ms Cronin pointed out her client was an unemployed and divorced father of four who only received €130 per week. She also explained her client was facing a similar charge in Mullingar on July 28 where he hoped to pay back €1,500, as well as a road traffic offence at a filling station in Mullingar, for which Ms Cronin was awaiting CCTV footage.
“If it wasn’t for these matters in Mullingar, I’d jail him here today,” said the judge, before adjourning the case to Mullingar District Court for July 28.
However, when sorting the case file before him, Judge Hughes noted the date of summons issue was December 11 2009, and that this was more than six months after the offence. He instructed the gardaí to clarify this and see if it might affect the charge. He then turned to the defendant.
“I don’t care Mr Egan if you’re brought in an ambulance to Roscommon - I mean Galway - you make it to court. Miss it once on my watch, you’re in trouble,” he said.
