By Claire Henry
A former car dealer who paid €24k in court today for the sale of a car in 2009 has been given community service.
Dublin Criminal Court heard that David Rogers (69) of Bailey View, Harbour Road, Dublin, pleaded guilty to charges of deception between 2008 and 2009 at a location within the state. He has one historic road traffic conviction.
Garda Kieran Murphy told David Perry BL, prosecuting, that the first victim in this case entered a sales agreement with Rodgers to sell his car for €9,500. Rodgers gave him €5,000 for the car and agreed to pay the rest once he had sold it.
As time passed, the victim tried to contact Rodgers but to no avail. When he eventually made contact, Rodgers said he was living in Spain and making a movie. He said that when he returned to Ireland, the money would be paid. This victim then made a statement to the gardai in 2009 and a formal complaint in 2021.
The court heard that the second victim had also entered into an agreement for Rodgers to sell his father’s car, who had recently passed away. Rodgers took possession of the car in 2009 and subsequently sold it. He told the victim that it was sold as part of a trade-in and that he would have to sell the car that was traded in before he could give him the money owed to him. This process dragged on, and the victim made several attempts to get in contact with Rodgers to get the €22,000 owed to him.
The victim finally made contact with Rodgers, and he told him that he was in Portugal with his wife, working on a movie. The victim then made a complaint to the gardai. In 2020, the injured party learned that Rodgers was back in Ireland and confronted him, asking for his money. Rodgers replied, “The matter was beyond the statute of limitations.”
Gda Murphy said Rodger made voluntary statements regarding both victims. He stated that the money owed to the first victim had been paid, and that he was in the process of selling his house. He further indicated that when he did so, the second victim would be reimbursed. In November 2021, the second victim received €20,000 from Rodgers.
The third victim in this case bought an SUV from Rodgers. A short time later, Rodgers asked him if he wanted to upgrade it, and the man agreed. A financial agreement was set out, and the man handed over the keys to his SUV. The upgraded car was not ready as it was in the process of being traded in, so Rodgers gave him another car to use. This car broke down, and the man had to rent a car for a period of time.
The court heard that the man had not heard from Rodgers, and when he attempted to contact him to retrieve the money owed to him or his SUV, Rodgers claimed he was in Portugal and that his wife was a film producer there. He said the SUV had been sold and that he would get his money in September 2009. When he did not receive the money in September, the victim made a complaint to the gardai.
A bank draft was presented to Gda Murphy for €24,000 today in court for the third victim in this case. €22,000 was for the sale of his SUV, and the remaining €2000 was a token of remorse.
Gda Murphy agreed with Justin McQuaid BL, defending, that his client had worked in the motor trade for most of his life and due to the financial crash, his business had stopped trading.
The garda agreed with counsel that Rodgers had sold vehicles to other dealers and he had not been paid for them and the money involved in this case had been sucked into that. He further agreed that Rodgers had put his house up for sale to pay off his bills, and that the sale had fallen through; the bank had subsequently taken ownership of the house.
Mr McQuaid said Rodgers has insight into his wrongdoing and has genuine remorse for his actions.
Counsel said his client was cooperative with gardai and that it would be unlikely to see him before the courts again.
He handed letters into the court, both from Rodgers and two close friends.
He asked the court to allow his client to remain in the community and not issue an immediate custodial sentence.
Passing sentence,Judge Sinead Ni Chulachain said one of the victims in this case waited twelve years to get his money back, while another waited 17 years. She said this has had a serious effect on the victims and noted how it had affected their lives and relationships.
Judge Ni Chulachain said that when Rodgers was asked to return the money by one of the victims, his reply was “callous”, stating “it was outside the statute of limitations”.
The judge stated that she acknowledged the repayment of the money to the first two victims had been made previously, but that the third victim had to wait until today to receive his money back. She set a headline sentence of two and a half years.
Judge Ni Chulachain noted the mitigating factors as the guilty plea, the remorse and insight that Rodgers has now shown, his previous good character and that he has lost his home.
Judge Ni Chulachain sentenced him to 18 months in prison, but in lieu of a prison term, she imposed 240 hours of community service.