Longford defendant is ‘terrified of going to prison’

An Edgeworthstown man who pleaded guilty to a string of offences including fraud, drink driving and possession of unlicensed animal medicines will return before Longford District Court in May to have charges against him finalised.

Seamus Kane (53) Ardagullion, Edgeworthstown, Longford, was charged with a number of counts of dishonestly by deception inducing the Minister of the Department of Social Protection to pay money into financial institutions.

Mr Kane was charged with drink driving, driving without a drivers licence or insurance at Tonywarden Granard on June 18, 2022, and possession of veterinary medicines only licensed to registered veterinary practitioners. A charge of dangerous driving was withdrawn by the State.

Inspector Dave Jordan first outlined details of the drink driving charge against Seamus Kane.

Inspector Jordan described to Judge Bernadette Owens how officers saw a vehicle driving in an erratic manner on June 18, 2022. The Gardaí followed it and saw the vehicle drive up on the grass verge.

The car was stopped and when Mr Kane stepped out of it he was unsteady on his feet. The officers arrested him and conveyed the defendant to Granard Garda station where he submitted a blood sample for a test. Mr Kane returned a blood alcohol reading of 236mg per 100ml of blood. The reading is well over four times the legal limit of 50mg per 100 ml.

Mr Kane was serving a driving ban at the time of his arrest, having been disqualified for six years in 2020 for driving without insurance.

Inspector Jordan then outlined details of the Pandemic Unemployment Payment (PUP) fraud perpetrated by the defendant. On October 31, 2020 Seamus Kane made an online application for the PUP payment. In the application he stated he was self employed.

An investigation by Revenue Commissioners indicated he has not filed Revenue returns to show self employment and as such was not entitled to the payment. He received a total of 11 payments, ten of €350 and one of €203.

The charge of possessing a regulated veterinary medicine, Norocaine, came to light when officers executed a search warrant on the defendant's home. The drug is only allowed to be handled by veterinary practitioners.

Addressing the judge Seamus Kane's solicitor, Brid Mimnagh, said the drug was in her client's house for some time. Its expiry date was November '08, and it was used at that time to dehorn cattle.

Ms Mimnagh said with regard to the PUP fraud her client had made the application believing if he was not entitled to it he would be declined. She said he was “practically self-employed” fixing tractors and as a farmer.

Ms Mimnagh said when Covid hit Mr Kane could not employ an accountant to do his accounts and could not do them himself. The solicitor said he found himself in a Catch 22 situation.

In regard to the drink driving issue Ms Mimnagh acknowledged her client's “horrendous difficulty with alcohol”. She “beseeched the court” not to send him to prison as he is “trying his very best not to come to the attention of Gardaí”.

The solicitor said Mr Kane knows he will serve a lengthy ban and will never drive again as he will be in his 70s before he can get his licence restored. Ms Mimnagh said the defendant is “terrified of going to prison”.

Concluding the matters Judge Owens imposed a fine of €750 for the charge of possessing unlicensed veterinary medicine. With regard to the PUP fraud the judge noted that an aggravating factor was that Mr Kane was on bail for another theft and fraud offence at the time and should have been more diligent. For that offence he received a four month custodial sentence, but it was suspended for 18 months. A condition attached to the suspended sentence is the payment of €1,500 in compensation by the defendant to the Department before April 30, 2024.

With regard to the drink driving charge Judge Owens described it as “more problematic”. The judge said she wants to see how Mr Kane is addressing his alcohol addiction. The judge directed the preparation of a probation report and adjourned sentencing to May 23, 2023.