Courts / Dublin / Report
Garda cleared of theft and fraud charges
Summary
A garda, Damien Dempsey, who admitted using a missing motor tax disc from his station on his own car, had theft and fraud charges dismissed by a judge. However, he was fined €500 for not having his car taxed. Dempsey, who had previously been found guilty of stealing the tax disc, fraudulently using it, and not having motor insurance, had his remaining charges dismissed. The judge ruled there was no evidence of intent to permanently deprive someone of the disc or a demand for an insurance certificate. Dempsey, who has over 20 years of service, admitted not having his car taxed but pleaded not guilty to the other charges. He explained that he took the disc when his car's tax ran out and faced financial difficulties, including a broken marriage and monthly expenses of €2,500. He stated he never intended the act to be theft and was struggling with financial stress and anxiety.
Who, what, where, when and why
What: Report matter: Garda cleared of theft and fraud charges. Charges or matters: not having motor insurance, fraudulently using the tax disc on his vehicle on April 23 last and theft of the disc between July 12 last year and April 23 this year, but he had been found guilty by Judge O'Donnell following a hearing on September 30 last. Procedural stage: sentence
When:
- April 23 Hearing Or Sentence
- July 12 Hearing Or Sentence
- September 30 Hearing Or Sentence
- 2013-11-11 Publication
Case subjects
Convicted Person
Charges: not having motor insurance, fraudulently using the tax disc on his vehicle on April 23 last and theft of the disc between July 12 last year and April 23 this year, but he had been found guilty by Judge O'Donnell following a hearing on September 30 last (Alleged Or Contested)
Plea: Not guilty
Outcome: Finalising the case, Judge O'Donnell fined the officer for not having his car taxed and a charge for non display of a tax disc was taken into consideration.
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