A Kerry woman who stole €56,000 by continuing to draw her late mother's pension has been ordered to complete community service.
49-year-old Tracy Kelliher of Alderwood Road, Tralee, pleaded guilty to three sample counts of theft on dates between 2014 and 2016.
Yesterday (Tuesday), Judge Sinéad Ní Chúlacháin directed Tracy Kelliher to undertake 120 hours of community service within one year in lieu of a 12-month prison sentence.
The judge further imposed concurrent 18-month sentences, suspended in full for three years on strict conditions on the other counts.
She also directed Ms Kelliher to place herself under the supervision of the Probation Services for six months and to follow their directions.
The court heard that Tracy Kelliher's mother was a retired teacher and in receipt of a Department of Education pension.
Her mother passed away in January 2014.
She failed to notify the Department of Education of this and her mother's pension continued to be paid until June 2016, when the department became aware of her death.
She withdrew money from her late mother's account, which Judge Ní Chúlacháin noted she had done before her mother's death with her consent.
Tracy Kelliher stole €56,217 over the two year period.
Judge Ní Chúlacháin said there was no suggestion of premeditation or planning, but Ms Kelliher “simply continued” doing what she had been doing.
She made a first withdrawal from her late mother's account to cover costs associated with her funeral. The judge noted that she was using the money to cover expenses, did not have a lavish lifestyle and was not working or in receipt of social welfare at the time.
Judge Ní Chúlacháin said this was “not a victimless crime” and that Ms Kelliher had stolen from the Department of Education's pension fund, which affected members of the scheme and taxpayers who have to make up the shortfall.
The judge said she took into consideration Ms Kelliher's personal circumstances and that she accepted the financial facts of the case at an early date.
She noted that Tracy Kelliher was a carer for her mother, who was also in a residential care setting for a period, and that she had to deal with calls from the centre in relation to her mother and fee arrears which she tried to discharge.
The judge noted Ms Kelliher has no previous convictions and has not come to recent negative garda attention.
She said Ms Kelliher was a “pro-social person and of good character” apart from this offending, noting her expressions of remorse and shame.
The judge noted that Ms Kelliher has lost her career and has not been in a position to repay the monies taken.
She also noted that Ms Kelliher has recently engaged in counselling and is considered at low risk of re-offending.
The judge said Ms Kelliher hasn't addressed other issues, including financial difficulties and offered “no real explanation” to the Probation Services about why she hadn't done this in the intervening period. She said the court accepted that Kelliher now intends to do this.
Defending barrister Aoife McNickle , asked the court to request an updated probation report. She said her client started attending sessions with a psychotherapist in January, intends to go to MABS and to find employment.
Counsel said her client's goal is to repay the monies.
Having considered the defence's submission, Judge Ní Chúlacháin indicated that she would finalise the case, noting that Kelliher has already had “quite an ample opportunity” to carry out these tasks.
The judge said she noted that Kelliher had already taken steps following her initial interactions with the Probation Services.
