‘Does your client live in the real world?’, asks judge
The woman pleaded guilty to one count of deception
A LIMERICK judge asked a woman who had doors fitted in her home and her car fixed without paying for either, if she was “living in the real world?”
Kathleen Byrnes, aged 37, of Silver Birch Grove, Dooradoyle pleaded guilty to one count of deception at Limerick Circuit Criminal Court.
Prosecuting barrister John O’Sullivan, instructed by State solicitor Padraig Mawe, outlined the case with the assistance of Garda Ambrose Talty.
Mr O’Sullivan said Ms Byrnes brought her Volkswagen Passat to Sebastian's Garage, Eastlink Business Park, Limerick in April 2020.
“She said she needed repair work done to the boot. The garage said they didn’t do that. She pleaded with him and he contacted a crash repair company. A price of €500 was agreed,” said Mr O’Sullivan.
As the repairs were being carried out, Ms Byrnes was informed the tyres on the car were excessively worn and dangerous and the brake pads needed to be changed. The court heard Ms Byrnes agreed.
When she went to collect the car later, she said the panel beater had done a “lovely job”.
The defendant said she wanted to “check the lights on the dash” and told a person in the garage to hold onto her purse.
“She reversed her car out and didn’t return. When the person opened the purse there was a crushed coke can in the wallet to give the impression it was full of cash,” said Mr O’Sullivan.
The prosecuting barrister told the court that Ms Byrnes said, in a text conversation, that the car didn’t need new tyres and brake pads and they were “trying to rob me”.
Separately, in September 2020, Ms Byrnes got 10 internal doors fitted at her home by Costello Doors for €3,200.
“She paid a deposit of €200. She said she was happy with the work. She said she was waiting for a cheque to clear and told him (the installer) to come back at 7pm. At that time it still hadn’t cleared. In the coming days she had more excuses.
"She told him she worked in a hair salon and when he called there he was told no one of that name worked there,” said Mr O’Sullivan.
When Ms Byrnes was interviewed by gardai, she told them she had paid €800 towards the doors, that it was a very bad job and that she tried to get the price down to €1,300.
Mr O’Sullivan said Ms Byrnes has four previous convictions for theft which showed a “pattern of dishonesty”.
He added: “She did not believe they would go to gardai and would not follow it up to avoid trouble.”
The court heard the garage was owed €1,167 and the door installers €3,000.
Pat Whyms BL, said his client wanted to pay half of the €3,200 up front to the door fitter but he wouldn’t take such a large deposit.
Judge Tom O’Donnell noted that nothing has been paid to either party.
“Ms Byrnes is a married lady with four children aged 1, 5, 9 and 11. Her husband is a builder but injured his hand and they are dependent on social welfare that has created its own pressure financially to look after a family in the times that we are in. She has pleaded guilty. She accepts she has to pay restitution,” said Mr Whyms, who said his client is offering to pay €80 a week starting immediately.
Judge O’Donnell asked: “Does your client live in the real world?”
The judge said she was charged in October 2021 and it is now March 2024.
“She hasn't paid over a shilling to either of the parties,” said Judge O’Donnell, who queried her “follow through” on an installment plan due to her previous convictions.
Mr Whyms said it is just not possible for Ms Byrnes to get her hands on €4,167 due to her circumstances.
“She is confronted very starkly with reality now. She asks for the court’s mercy and the effect it could have on other parties if a custodial sentence was imposed. She instructs me to apologise for her behaviour which was completely unacceptable,” he said.
Judge O’Donnell said the deceptions occurred four years ago and due to inflation, even if the companies get the monies back now it has been devalued.
“I think this is outrageous - duping people into fixing her car and putting in doors when it was abundantly clear she was not going to pay. She dragged the matter to the nth degree. It is an affront to the court to come to court at this juncture and offer an installment plan,” said Judge O’Donnell, who adjourned the case until June.
"I will review it at that time. If there are monies paid I will take it into consideration. If no monies have been paid I will take that into consideration,” said the judge.