A MAN who used his friend’s bank card to withdraw cash that he used to help furnish his new home has been order to pay back the money if he wants to avoid going to jail.
Marcus Sweeney, of 1a Market Place, Mitchelstown, pleaded guilty to seven sample charges of theft at last Friday’s sitting of Fermoy District Court.
Inspector Tony O’Sullivan told the court that a close friend of the 38-year-old defendant had received an ATM card for the first time and was not able to use it.
“The injured party gave the defendant the card and the PIN number and asked him to withdraw some cash for him, which he did on August 27 last,” said the inspector.
“It was either on that date or in the following week that the defendant took the card and over a period of time made a total of 41 withdrawals totalling €13,605.94,” he added.
The inspector said that the Director of Public Prosecutions had instructed that were Sweeney to plead guilty the gardai would be willing to proceed with seven sample charges. They had however, ordered that gardai give evidence regarding the entire outstanding amount of missing money.
“The defendant was a close fiend of the injured party. He cleaned out his bank account. It was only when he got a letter from the bank that he realised the account had been emptied,” said the inspector.
“I believe the defendant would be willing to pay back the full amount in compensation if given the chance,” he added.
Solicitor Patrick O’Riordan confirmed that his client, a married man with five children and another on the way, was pleading guilty to the sample charges.
He said that the matter only seemed to come to light in June of this year, despite the fact that the bulk of the initial 41 charges related to the period between September and December 2009.
“Mr Sweeney would say that he had personal problems and that he suffers from depression. He had moved to a new house and had no money with which to furnish it, so he went off and used the money from his friend’s bank account,” said Mr O’Riordan.
“He did intend to pay it back but has been unable to do so yet. I would be asking that the court give him some time to do so. He realises that there are only sample charges before the court and he will have to repay the entire amount,” he added.
Mr O’Riordan said that his client hoped to raise the compensation through a combination of help from family members and a Credit Union loan.
Judge Olann Kelleher agreed to a request from the solicitor to adjourn the matter until March of next year for the money to be repaid.
“I understand that times are hard, but it this money is not paid back you will be at huge risk of going to jail,” the judge told Sweeney.