A VICTIM of fraud by a Bantry man who got paid to carry out gardening work but never actually did the work said the loss of €1,000 created an ‘unpleasant atmosphere’ in his home.
At a recent sitting of Clonakilty District Court, Judge James McNulty read out part of the victim impact statement made by Shiva Prakash Anand Rao, who made a complaint to gardaí that he gave John Delaney money to carry out the work but he never returned to do it.
John Delaney (26) of Pier Road, Bantry pleaded guilty to the charge of deception whereby he made gain for himself.
Insp Roisín O’Dea told the court that on April 4th 2022, Shiva Prakash Anand Rao complained to gardaí that he paid John O’Sullivan Garden Services €1,000 in March to carry out work in his garden but no work was completed.
‘Following an investigation it was discovered that the wrong name was given and that it was John Delaney, who later admitted taking €1,000 from him,’ said Insp O’Dea.
The court heard that the defendant has 25 previous convictions, including five for assault, nine for road traffic offences, and six for public order.
Solicitor Colette McCarthy said her client, who has no previous convictions for theft, accepts that he retained the money and did not carry out the work as promised.
She said that a price of €2,000 had been agreed between her client and the injured party where he received €1,000 for materials.
‘There was a dispute about doing extra work and then my client’s wife had a baby and he didn’t return,’ said Ms McCarthy.
Judge McNulty noted from the victim impact statement that the loss of money had led to an ‘unpleasant atmosphere’ in their house.
‘Someone had cheated us and his actions have greatly affected our family and our lives. We have been the victim of fraud. He appeared to be a garden service provider,’ the judge read.
Ms McCarthy said her client had €300 in court but needed time to come up with the remainder of the money. His partner had recently given birth and he was looking after their other four children.
However, Judge McNulty said it was more than a year since he took the money under false pretences.
‘He knew this was coming up and it’s a bare-face affront to come here with just €300,’ he said.
He convicted and sentenced him to six months in prison but suspended it for two years and directed Mr Delaney to pay a total of €2,000 to the injured party, which was paid into court.
The judge said that the additional payment of €1,000 was for the ‘annoyance and distress’ he caused to the injured party’s family.
