Gerard Lawlor keeps suspended sentence for welfare theft

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

Gerard Lawlor retained his wholly suspended three-year sentence for social welfare theft after the Court of Appeal dismissed a prosecution appeal on 17 July 2018.

Lawlor had pleaded guilty early to 11 counts of theft under the Criminal Justice (Theft and Fraud Offences) Act 2001. The offending ran from December 2005 to May 2015.

On 15 June 2017, Dublin Circuit Criminal Court imposed a wholly suspended three-year sentence. The judgment said the sentence applied to counts 1, 3, 5, 7, 9 and 11, on condition that Lawlor enter a €300 bond, keep the peace and be of good behaviour for three years.

The judgment recorded that €167,873.90 had been fraudulently obtained from the Department of Social Protection. The offences came to light after a Revenue audit of a company owned by Lawlor’s former wife. He had received an adult dependant allowance for her despite their separation and her separate income, and claimed pre-retirement allowance while self-employed during part of the period.

Lawlor had no previous convictions, cooperated with the Garda investigation and provided €11,000 towards repayment at sentencing. His State pension was reduced by €28.20 a week to repay the department.

The Director of Public Prosecutions argued that the sentence was unduly lenient, including that insufficient weight had been given to inaccurate information Lawlor provided to a probation officer and to general deterrence. Delivering the appeal judgment, Mr Justice Hedigan said the sentencing judge had explained the exceptional circumstances involving Lawlor’s two sisters, who depended on his care. Allowing the sentencing judge substantial discretion, the court found no basis to intervene.