No jail for man who stole from his employers
on 11/10/2013 15:10:37
John Kiely (aged 48) was given a two-year suspended sentence at Dublin Circuit Criminal Court after he admitted overpaying himself while working as a project manager at Dolphin House Community Development Association.
Kiely, of Fountain, Street, Ferrybank, pleaded guilty to four counts of stealing sums of cash using online bank transfers at Dolphin House Community Centre on dates between January and December 2006.
The court heard he had been drinking heavily at the time and took the money to pay bills.
Kiely, who has no previous convictions and is currently unemployed, has so far repaid €3,650 of the stolen money, leaving a balance of some €4,500.
Simon Brady BL, defending, said Kiely is happy to continue repaying the money but can only contribute at a rate of €30 a week until he finds employment.
Garda Peter Clifford told Michael Bowman BL, prosecuting, that gardaí received a complaint from the Dolphin House Community Development Association in September 2007 that their employee, Kiely, had overpaid himself by €8,267 the previous year.
As project manager, Kiely was responsible for transferring payments to other employees via the Banking 365 website. Kiely was entitled to a salary of €37,841 at the time but had in fact paid himself a total of €46,108 in 2006. No authorisation had been given for the extra payments.
Kiely had resigned prior to the matter being reported to gardaí and accepted he owed the money which he wanted to repay.
Gda Clifford agreed with Mr Brady that Kiely has not come to any further garda attention. He agreed Kiely made full admissions as soon as it was put to him.
He said Kiely had previously worked for the Inland Revenue in the UK where he had started drinking. He returned to Ireland in 1991 as a "functioning alcoholic" who was able to hold down positions of responsibility. He did a course in social studies and later worked as a mentor and social worker.
Mr Brady said Kiely is currently studying for a Higher Diploma in Business Systems Analysis and that he hopes to get full time work when his course finishes next May.
He said Kiely was anxious to get a chance to repay the money which may be helpful to the association.
A probation report available to the court assessed him as being at a low risk of re-offending.
Judge Patrica Ryan handed down a two-year sentence, but suspended it for three years.