‘Extremely fortunate’: Donegal man spared prison after trying to con sister out of home

A Donegal man who attempted to dupe his sister out of her home has narrowly avoided being sent to prison.

In sentencing James Gibson at Letterkenny Circuit Court, Judge John Aylmer said the accused should consider himself “extremely fortunate” not to be jailed.

A 65-year-old of Findrum, Ballyboe, Convoy, Gibson faced two charges of deception, contrary to section 6 of the Criminal Justice (Theft and Fraud) Offences Act, 2001.

The charges relate to two different affidavits relating to the same property folio which contain a cottage and approximately one acre of land in Ballindrait.

Gibson pleaded guilty to a charge relating to March 7, 2017 at the Property Registration Authority in Dublin, while a further charge, relating to August 26, 2017, was taken into consideration by the court.

Judge Aylmer said that the false affidavit filed containing false and misleading information was the culmination of a “campaign” by Gibson to take over his sister’s properties, while noting that the woman was a person “with vulnerabilities”.

A group called ‘The Helping Hand’ had been sought out by Gibson who took a loan of €6,500 from a Credit Union to pay for their advice.

Judge Aylmer said that, knowing what he was doing was unlawful, Gibson had paid over the money for a “fireside, quasi quack later” to assist him.

“These were disgusting offences,” Judge Aylmer told the accused. “The effect on your sister, the victim, is appalling. She felt unsafe in her home where she has lived for her whole life. At night, she had to reside with siblings and was all the time in fear of what you would do next.”

Detective Garda Peter Cullen had outlined the case to barrister for the State, Ms Fiona Crawford BL. Detective Garda Cullen said that Mary Ellen Gibson learned that her brother went to the Property Registration Authority in Dublin to become the registered owner of the land.

An investigation was launched by the PRA which uncovered a number of documents including correspondence pursorting to come from Ms Gibson which said she had no interest and would have no interest in the folio of land.

This letter was shown to Ms Gibson who she said she had no knowledge of and that the signature on it was not hers.

A victim impact statement on behalf of Mary Ellen Gibson, which was partly prepared by her brother Patrick, was read out in court and outlined the fear she was living in over the ongoing situation.

The court heard that she was very proud of the house saying nobody ever left the house hungry and how she cherished filling it with ornaments and having visitors.

However, all that has changed, and the statement accused Mr James Gibson of having no regard for the wellbeing of Mary.

In the witness box, Mr Gibson said that when he was coming to the end of the process he knew "something wasn't right”. Mr Gibson then told the court that he is not now making any claim to the house.

Judge Aylmer said he placed the offence in the upper end of the scale and merited a starting point for sentencing of four-and-a-half years in prison before considering mitigation.

The judge noted that Gibson entered a plea of guilty, albeit a late one that arrived on a trial date.

Gibson is, said Judge Aylmer, a man who has no previous convictions and who led an otherwise blameless life. He has not come to the adverse attention of An Garda Síochána since and the court heard that the defendant is in very poor health, suffering from what was described as a “very signifiant heart condition”.

Gibson was deemed to be a low risk of reoffending and Judge Aylmer said he accepted that Gibson now acknowledges his wrongdoing. The accused man has now waived any claim on the property and Mary Ellen Gibson has been returned as the lawful owner of the property, “which she always was” Judge Aylmer added.

The accused man has been shunned by his siblings and the matter has brought great odium from his family and the community.

Gibson is, the judge remarked, a man with very little education, but who had a good work record.

The sentence was reduced to one of four years in prison and, but for his poor health and the fact that he has relinquished all claims on the property would be one that merited a “significant custodial element”.

Judge Aylmer reduced the sentence to one of 18 months in prison and suspended the entirety of it on Gibson entering a bond in the sum of €100 to keep the peace and be of good behaviour for a period of four years.

“Due to the factors mentioned, you can consider yourself extremely fortunate,” Judge Aylmer told Gibson.