Pair in “particularly unusual fraud” to be assessed for community service

By Eimear Dodd

A judge has directed that the suitability of two people involved in a “particularly unusual fraud” to carry out community service should be assessed.

Simon O’Donnell (43) of Longview Avenue, Millers Glen, Swords, Co. Dublin pleaded guilty to providing false information in connection with a passport application on August 26, 2019.

Winnie O’Donnell (59) of Tor An Ri Lane, Clondalkin, Dublin 22 pleaded guilty to providing false or misleading information to a registrar of the Civil Registration Service contrary to Section 69 (3) of the Civil Registration Act on a date between May 2009 and November 2011.

Dublin Circuit Criminal Court heard that Simon and Winnie went to register the birth of ‘David O’Donnell’.

It was claimed that ‘David’ was born in 1980 and there was a delay of 29 years in the registration of his birth.

Winnie purported to be David’s aunt and claimed she had witnessed his birth. She is actually Simon’s cousin, the court heard.

The fictitious birth certificate was later submitted as part of an application for a passport made in 2019 by Simon. 

The passport application was stopped when biometric safeguards identified an issue.

This was later referred to gardai.

Simon never received the passport, the court heard.

He told gardai that he was responsible for the submission of the passport application.

He said he did it to obtain social welfare to pay off people who were threatening him as a result of a feud.

The court heard that Simon’s home was searched as part of the investigation and bank cards seized.

During her garda interview, Winnie admitted there was no such person as ‘David O’Donnell’.

While she did not admit to signing the form or going to the civil registry office, she did not dispute that the signature looked like hers.

The court heard she said it was a bet to see if they could be successful in submitting the application.

Judge Martin Nolan said it was a “very strange thing to think about doing it, let alone bet on it.”

“Most people wouldn’t think it would be a great joke to register someone who is already 29, swearing a declaration and then hoodwinking the registration office”.

The garda agreed with Judge Nolan that the only purpose of this application was to establish a new identity.

Having heard the facts of the case today, Judge Nolan adjourned the case overnight to consider sentence.

Today, the judge said he would direct the preparation of probation reports and ask the Probation Service to assess the defendants’ suitability for community service.

Remanding the defendants on continuing bail, he adjourned finalisation of the case to July.

Winnie had no previous convictions at the time of this offence, but now has eight summary convictions, all for offences under the Theft and Fraud Act.

Simon has five previous convictions for road traffic, public order and criminal damage offences.

Evidence was heard that the passport application was made in 2019, ten years after the registration of the birth of ‘David O’Donnell’.

As part of the passport application, details of a driving licence from Northern Ireland was submitted. The investigating garda said it was ascertained that the licence was obtained as part of the process to get the passport.

The garda agreed with David Fleming BL, defending Simon, that no social welfare was obtained under the second identity as the passport was never issued or used. 

He further accepted that Simon was co-operative with the investigation and has no other convictions for deception offences.

The investigating garda agreed with Ronan Prendergast BL, defending Winnie, that her offence occurred 17 years ago.

He also accepted that there were “red flags” with the birth certificate application made in 2009 and that she did not profit from it.

The garda agreed Winnie was co-operative and has not come to recent garda attention.

Mr Fleming said he is instructed to apologise and that his client is ashamed of his actions.

He acknowledged this was a “deliberate, prolonged and particularly unusual fraud, considering the complete lack of criminal pedigree this man has”.

He noted it is aggravating that the first incident took place in 2009 and it seemed that this was carried out to get to the second incident in 2019.

Mr Fleming said his instructions are that this offending was an attempt to obtain social welfare his client was not entitled to, adding that he was caught by the safeguards in place.

He asked the court to consider his client’s co-operation, guilty plea and that he has no significant history of offending.

Mr Fleming said Simon has no history of employment. His client is a father of nine children, some of whom have additional needs, and he is needed at home to provide care for them.

A letter of apology, a letter from a local priest and documents relating to his children’s health were handed to the court. 

He asked the court to consider directing The Probation Service to assess his client’s suitability for community service.

Mr Prendergast asked the court to take into account his client did not benefit or profit from her involvement.

He submitted that the unusual circumstances of the application made in 2009 could have been picked up at that time, but were not.

He noted that his client had no convictions at the time and is not someone with a significant record of conviction.

He asked the court to consider imposing a non-custodial sentence.