Mark Hehir’s theft sentence upheld by Court of Appeal

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

The Court of Appeal upheld Mark Hehir’s sentence for stealing from his employer on 17 July 2018, dismissing the Director of Public Prosecutions’ appeal. The proceedings were reported on 17 July 2018.

Hehir, from Kilgevrin, Tuam, Co Galway, had pleaded guilty to stealing from Galway City Bin company to fund an online gambling addiction.

In January 2018, Judge Rory McCabe gave him a wholly suspended two-year sentence at Galway Circuit Criminal Court and ordered him to complete 240 hours of community service. The judge also ordered Hehir to remain gambling free, not open a bookies account, continue counselling and pay €100 a week in restitution.

Giving the appeal judgment, Mr Justice John Hedigan said Hehir transferred company money into his personal account on 71 dates between 20 April and 22 September 2016. The company ultimately reported a theft of €305,072. Hehir made full admissions to gardaí and said he stole the money to fuel his gambling addiction. He had paid €29,000 in restitution with financial help from his parents; €259,072 was owed at the time of sentence.

DPP counsel Lorcan Staines argued that the addiction did not justify community service or a suspended sentence. Hehir’s counsel, Bernard Madden SC, argued that the addiction and the way Hehir was addressing it were exceptional.

Mr Justice Hedigan described the offence as serious fraud by an employee in a position of trust. He said the sentencing judge had carefully balanced the factors and found no basis for the appeal court to intervene.