By Eimear Dodd
A man who stole approximately €25,000 from a fundraising event set up to help his sick child has been handed a suspended sentence.
The 43-year-old pleaded guilty to theft on a date between January and June 2020. He is not being named to protect the child’s identity.
Dublin Circuit Criminal Court heard that the man organised a charity sports event to raise money for his young child, who was being treated for childhood cancer.
The girl’s mother, who was not involved with the fundraising, told the gardai that the man had said in December 2019 that he’d organise the event.
An investigating garda told Patrick Jackson BL, prosecuting, that the man handled the money.
Most of the money raised from the event was cash, and the total amount raised has been difficult to ascertain, he said.
The court was told that the amount raised was estimated to be around €25,000, which the man then stole.
The defendant made payments totalling €9,400 to the child’s mother in cash and by bank transfer.
Since criminal proceedings started, the defendant has continued to make repayments, the court was told €20,000 —including the initial €9,400— has now been repaid and is lodged in an account for the child.
He told gardai that he started with good intentions and didn’t “plan to rip anyone off”.
But he said he was a “junkie” and the cash was a “temptation”.
After hearing the facts of the case on Wednesday, Judge Martin Nolan adjourned the case overnight to consider sentence.
He told defence counsel that the context of the offence was aggravating as the man had “used his daughter to steal”.
Yesterday, Judge Nolan imposed a four-year sentence but suspended it in full.
He also ordered that the remaining €5,000 be paid in full over the next nine months.
He said, “It seems that this man was going through a bad time and stole this money”.
He noted that the defendant has a minor record of conviction and had a drug problem at the time.
Judge Nolan said, “Does he deserve to go to prison for this serious behaviour? I have decided not to imprison him”.
The judge said, “he has repaid a lot of the money and will repay the remainder”.
At a previous hearing, the court heard that approximately 20 to 24 individuals took part in the event, raising between €500 and €1,000 each.
There was also sponsorship from local businesses and a raffle on the night.
The man was also part of a WhatsApp group with the individuals who took part in the sports event, but went quiet when they asked him how much money was raised.
The man went missing after the event and travelled to the UK for a period.
The child’s mother was aware he had a drug and alcohol addiction, which she described to gardai as “mild”.
As part of their investigation, gardai obtained court orders for the man’s bank account and noticed a pattern of transactions out of character with his previous habits.
He was interviewed voluntarily by gardai in March 2023 and admitted he spent the majority of the money on drugs.
He said he spent between €4,000 and €5,000 on cocaine a week.
He also told gardai that the child may have to go abroad for treatment, which could cost around €100,000.
He has a number of previous convictions, including for road traffic offences.
A victim impact statement from the child’s mother was handed to court, but not read aloud.
The garda witness agreed with Diana Stuart BL, defending, that her client was co-operative and appears very different to how he was at the time of his offending.
It was further accepted that his mental health declined when his offending came to light and he travelled to the United Kingdom where he went on a “cocaine binge”.
The garda agreed the man expressed shame and embarrassment when interviewed.
It was further accepted that he said he’d lost friends and family, had people after him and was in fear.
The garda also agreed that the man’s relationship with his child’s mother has improved and that she is generous towards him in her impact statement.
Ms Stuart said her client committed a “deplorable act against his child, her mother and his community”, all of whom had put faith in him to organise this event.
He is working full-time and has since moved to the south-east of the country.
A number of references and a probation report were also handed to the court on his behalf.
The man is now clean and Ms Stuart said he is anxious to continue to reimburse his family as best he can.