The court sitting took place on Tuesday.
There was no money to pay for care bills for an 83-year old care home resident – who had no visitors in two years – after a care home worker had stolen over €3,000 from his bank account, a court has heard.
At Killaloe District Court sitting in Ennis, care home worker, Lorraine Hennessy escaped prison for the theft of €3,011 from Terrance Stevenson after Judge Alec Gabbett imposed a nine month suspended prison term.
Judge Gabbett said Ms Hennessy had committed “a breach of trust” by stealing the monies from Mr Stevenson’s bank account.
He said, “It is an extremely serious thing to do to a vulnerable party – an elderly man and taking his bank card unbeknownst to himself”.
In the case, Ms Hennessy (40) of Glor na Srutha, Clonlara, south-east Clare pleaded guilty to 22 theft charges concerning €3,011 between August 20th and October 5th 2020 from Mr Stevenson.
The 22 thefts from Mr Stevenson were carried out through a VISA debit card that Mr Stevenson had given to Ms Hennessy to get his messages.
Det Garda John Jenks told the court that the thefts only came to light in January 2021 after direct debit payments from Mr Stevenson’s bank account to the nursing home bounced “because there was no cash in the account”.
Det Jenks said that the circumstances of the case “are sad”. He said that Mr Stevenson became a resident of the Co Clare nursing home in December 2018 but didn’t have any visitors during his time there before his death on January 25th 2021.
In response, Judge Gabbett said, “Isn’t that why it all happened? That there was no one monitoring of his own affairs”.
Det Jenks said that Mr Stevenson knew that he was dying when he provided Gardai with a statement in January 2020 on the thefts.
In the case, Ms Hennessy made 22 separate payments totalling €3,011 with Mr Stevenson’s direct debit card.
Mr Stevenson was a single man and moved to Killaloe in east Clare from the UK around 30 years ago.
Solicitor for Ms Hennessy, Daragh Hassett said that the spending by Ms Hennessy went on “domestic bills” and she had lost her partner six years ago.
After reading Ms Hennessy’s Probation Report, Judge Gabbett said, “It is a very sad story. The Probation Report reads that she was driven to steal effectively”.
Mr Hassett said, “Ms Hennessy is totally ashamed of her actions. Totally ashamed”.
Det Jenks said that he went to Ms Hennessy’s home in early 2021 with the intention of arresting her “but she put her arms up straight away”.
Det Jenks said, “Ms Hennessy was aware that Mr Stevenson was dead and she was fully co-operative and pleaded guilty very early.”
Det Jenks said that all monies have been repaid. Ms Hennessy lost her job as a result of the thefts and now has alternative employment.
Judge Gabbett said under normal circumstances, the offence would warrant a custodial sentence, but he said that he was suspending the prison term for 24 months due to the “very positive’ Probation Report on mother, Ms Hennessy which said that there is a very low risk of re-offending.
Ms Hennessy has no previous convictions and Judge Gabbett said that he also took into account Ms Hennessy’s early plea of guilty, her own circumstances at the time and that she has insight into her behaviour.
