A Killorglin man convicted of 29 counts of theft from an elderly farmer may avoid jail time if he compensates the money he stole.
Last week, 40-year-old Owen Doherty of 45 An Bhainseach, Killorglin, was found guilty of 29 counts of theft and two sample counts of forgery, using a false instrument.
He had stolen over €7,500 from elderly farmer Bernard Hanafin, by writing and signing cheques using Mr Hanafin’s name, and encashing them without his permission.
Judge Sinead Behan adjourned his sentencing hearing this morning at Tralee Circuit Court.
Each of the 29 counts of theft relate to 29 separate cheques dated between January 2010 and September 2013, ranging in value from €100 to €1,200.
The cheques relating to each one of the guilty counts of theft add up to over €7,500, and although he was refunded almost €3,500 by the bank, he was still short over €4,000 because of these thefts.
78-year-old Bernard Hanafin gave a victim impact statement to the court for this morning’s hearing, which was read by the investigating garda in the case, Detective Garda Richard Naughton.
Mr Hanafin wrote that Mr Doherty was trusted and he broke this trust, and Mr Doherty took advantage of him.
He said he had to borrow money from the bank as he had been cleaned out, and he was put on tablets to sleep after he found out what had happened.
Mr Hanafin said he also stopped eating after he found out about the thefts, and that Mr Doherty had no mercy for him, and never even apologised.
In mitigation, Barrister Richard Liston said Mr Doherty has five children who are finding this very difficult, and he is the breadwinner for his household, and the only person who drives.
Mr Liston said Mr Doherty’s father has cancer, and Mr Doherty also cares for him, and he asked Judge Behan to consider allowing Mr Doherty to engage in gainful employment to work off the loss to Mr Hanafin.
Judge Sinead Behan said the offending may have started out as opportunistic, but it continued in a calculated, premeditated fashion for a prolonged period of time.
Judge Behan said she’s not prepared to allow him out of custody to earn the money lost by Mr Hanafin, but she adjourned the sentencing hearing until the last week in June to see if financial compensation can be made.
She told the court that she’s not saying he’ll be free to leave if he comes up with the money, but it will be something she takes into account.
Mr Doherty was remanded in custody for the sentencing to be finalised on June 27th.
