Kerry resident continued to draw €56,000 from her late mother's pension
Eimear Dodd
A woman who stole €56,000 by continuing to draw her late mother's pension has been ordered to complete community service.
Tracy Kelliher (49) of Alderwood Road, Tralee, Co Kerry pleaded guilty to three sample counts of theft on dates between 2014 and 2016.
On Tuesday, Judge Sinéad Ní Chúlacháin directed Kelliher to undertake 120 hours of community service within one year instead of a 12-month prison sentence.
Judge Ní Chúlacháin said the community service order was “so you can pay back something of value to your community”.
The judge further imposed concurrent 18-month sentences, suspended in full for three years on strict conditions on the other counts.
She further directed Kelliher to place herself under the supervision of the Probation Services for six months and to follow their directions.
The court heard that Kelliher's mother was a retired teacher and in receipt of a Department of Education pension.
Kelliher's mother ed away in January 2014. She failed to notify the Department of Education of this and her mother's pension continued to be paid until June 2016, when the Department became aware of her death.
Kelliher withdrew money from her late mother's , which Judge Ní Chúlacháin noted she had done before her mother's death with her consent.
In total, Kelliher stole €56,217 over the two-year period.
Judge Ní Chúlacháin said there was no suggestion of premeditation or planning, but Kelliher “simply continued” doing what she had been doing.
Kelliher made a first withdrawal from her late mother's to cover costs associated with her funeral. The judge noted that Kelliher was using the money to cover expenses, did not have a lavish lifestyle and was not working or in receipt of social welfare at the time.
Judge Ní Chúlacháin said this was “not a victimless crime” and Kelliher had stolen from the Department of Education's pension fund, which affected of the scheme and taxpayers who have to make up the shortfall.
She said the thefts continued for two years “long after you should have realised you were not entitled to continue to withdraw the money”.
The judge said she took into consideration Kelliher's personal circumstances and that she accepted the financial facts of the case at an early date
She noted that Kelliher was a carer for her mother, who was also in a residential care setting for a period, and that she had to deal with calls from the centre in relation to her mother and fee arrears which she tried to discharge.
The judge noted Kelliher has no previous convictions and has not come to recent negative garda attention.
She said Kelliher was a “pro-social person and of good character” apart from this offending, noting her expressions of remorse and shame.
The judge noted that Kelliher has lost her career and has not been in a position to repay the monies taken.
“In the eight years since the offending came to life, you haven’t taken steps to address employment or ability to repay,” the judge said, noting that Kelliher has recently engaged in counselling and is considered at low risk of re-offending.
The judge said Kelliher hasn't addressed other issues, including financial difficulties and offered “no real explanation” to the Probation Services about why she hadn't done this in the intervening period. She said the court accepted that Kelliher now intends to do this.
Aoife McNickle BL, defending, asked the court to request an updated probation report. She said her client started attending sessions with a psychotherapist in January, intends to go to MABS and to find employment.
Counsel said her client's goal is to repay the monies.
Having considered the defence's submission, Judge Ní Chúlacháin indicated that she would finalise the case, noting that Kelliher has already had “quite an ample opportunity” to carry out these tasks.
The judge said she noted that Kelliher had already taken steps following her initial interactions with the Probation Services.
