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State helps pay mortage for man seeking legal aid

By COURT REPORTER

Wednesday September 08 2010

A KILLARNEY man who is charged with deception of almost €80,000 has applied for legal aid despite receiving almost €600 per week in welfare, including state payment of his €300,000 mortgage.

Appearing before Kenmare District Court on Friday, married father of one Patrick Dooley (29) with an address at 89 Forest Close, Ballyspillane, is accused of attempting to induce Michael Kay and Kathy Nolan, Derriknow , Gleninchaquin, Tuosist, into issuing eight separate cheques totalling €78,800.

Dated between January 1 and December 31, 2008, the charges all refer to work carried out on the alleged injured party's property.

The defendant presented himself to Killarney Garda Station on Thursday and made no reply to seven charges before him.

Appearing in Kenmare Courthouse the following day, Superintendent Michael Maher said the case would be a circuit court matter and asked that the defendant be remanded on continuing bail until the November sitting of Kenmare District Court for the book of evidence.

Solicitor Pádraig O'Connell said his client was not the main individual involved in the allegations as he had been working for another party. It was also claimed that he had not seen any cash gained from an alleged deception.

The court heard that Mr Dooley wished to apply for legal aid as he has been unemployed for the past 18 months.

Judge James O'Connor asked the defendant to take the stand to present details of finances. The defendant revealed how the state pays €1,000 per month towards his €300,000 mortgage while he also receives a further €320 per week in social welfare payments. He also revealed that he purchased a 2007 Renault Traffic Van approximately four months ago.

Stating that the defendant was costing the state approximately €570 per week, the judge remarked: " This is a great little country isn't it."

He added: "I fail to see why you can't be in the same boat as everyone else".

Mr O'Connell said his client would be evicted if he failed to meet mortgage repayments and that would result in a greater cost to the state.

The defendant was remanded on continuing bail and is to appear before Kenmare District Court on November 5 where he is to present statements, dating back three years, of his two current bank accounts. Mr O'Connell assured the judge that his client's accounts were empty.

The case will return to Kenmare District Court on November 5.

- COURT REPORTER

 

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