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A Co Cork horse breeder who dishonestly induced a 95-year-old Kerry man to withdraw € 70,000 of his savings from his bank account today received a two-year suspended jail sentence.
Patrick Hurley, 73, of Carhoogarriff, Leap, Co Cork, had previously been convicted by a jury in the Tralee Circuit Court, sitting in Limerick, of two counts of cheating, involving sums totaling € 70,000 of the victim, Eugene O’Sullivan, of Kenmare.
Hurley was found guilty of dishonesty and with the intention of obtaining profit for himself or another, by means of a deception of falsely declaring that the money deposited in Mr. O’Sullivan’s bank account was not safe, and therefore induced the victim to withdraw 20,000 euros on December 14. , 2016, and € 50,000, on March 15, 2017. The jury had acquitted Hurley of the theft of the € 70,000 that led Mr. O’Sullivan to withdraw from his account at Bank of Ireland, Kenmare.
Hurley, a widower, farmer and horse breeder, had denied all four charges, however the court heard yesterday that he said he now fully accepts the jury’s verdict in relation to all four charges.
Hurley tricked O’Sullivan, who is believed to be Ireland’s oldest driver, into withdrawing cash from his account on the false premise that his bank was on the verge of collapse, it emerged.
Judge Tom O’Donnell said O’Sullivan had worked his entire life.
The judge said that, in November 2016, Hurley “befriended” Mr. O’Sullivan and “persuaded him that his money was at risk, telling him that the banks were failing, causing the victim to grave alarm. “.
Mr. O’Sullivan immediately contacted his bank that he wanted to withdraw all of his savings, but was informed that he should contact an attorney before withdrawing such a large amount.
The victim ordered a lawyer to write to the bank on her behalf requesting the funds and eventually withdrew a total of 70,000 euros.
The court heard that as they left the bank each time, Mr. O’Sullivan put the money in Hurley’s jeep, which had been waiting outside the nearby bank, and then both men left in the defendant’s vehicle.
Judge O’Donnell said the attorney had “acted with integrity” at all times, and that Hurley had led the attorney to believe that he was closely related to O’Sullivan, when in fact the two men are not related.
The judge praised gardaí for their “swift actions” and also praised Tom Keane and Conor Brosnan of Bank of Ireland, Kenmare, for alerting detectives after they became suspicious, adding: “Tom Keane and Conor Brosnan deserve everything. credit for his duty of care to Mr. O’Sullivan and his vigilance in the matter. “
Brian McInerney, in defense, said his client had arranged a 10,000 euro bank draft to pay O’Sullivan.
Seeking a non-custodial sentence, Mr. McInerney asked the court to consider his client’s age, his offer of compensation, and the fact that his client’s “reputation has already been tarnished.”
In imposing a two-year sentence, which he suspended entirely for a two-year period, Judge O’Donnell said Hurley’s actions were “cold, cunning, calculated and premeditated.”
It ordered that a sum of 10,000 euros be paid to Mr. O’Sullivan “without prejudice to any civil claim that the victim may have in the future.”
He described it as an “extraordinary case”, noting that Hurley “arranged legal advice for the victim on a false premise, pretending to be related to him,” and had “guided the victim to and from the bank and legal consultations, but never entered the bank ”.
The court heard that O’Sullivan has not seen the cash since, and no details were given about what happened to it.
O’Sullivan, who will turn 96 next month, had told gardaí that he felt “very foolish to be fooled so easily,” that he had worked his entire life and that he had always been very careful with his financial affairs.
He said he found it “very stressful” to have had to go to court and testify at trial.
Judge O’Donnell noted that Mr. O’Sullivan, who had been “widely known for his age and agility in the Kenmare markets,” was not working at this time and had become “somewhat of a loner.”
He said he hoped this was perhaps because O’Sullivan was distancing himself socially, due to Covid-19, and not what happened.
Praising Mr. O’Sullivan, the judge said: “I admire his courage and, despite his age, to go to court to testify.”
Hurley, who was using a walker and wearing a mask, left the court quietly and accompanied by a man who was also wearing a mask.
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