Seven years for Clayton assistant
Judge Patrick McCartan that Carol Hawkins’ crime, “ranks at the higher end of the scale” and the nature of the crime is a “serious breach of trust craftily done over time”.
He said it was “a crime rooted in greed and nothing else and, whether she was a fool or a clever person, that does matter”.
“She is not a neophyte and she does not come without experience as she ran a small hotel,” said Judge McCartan.
He said it was suggested she was entitled to do it because “no-one told her to stop” and the money was spent to benefit Mr Clayton. However, he said defence counsel’s argument was “an absurdity” and said “nothing could explain away the dishonesty other than greed and pursuit of a lavish lifestyle that bore no responsibility of Mr Clayton”.
Ms Hawkins, aged 49, originally from North London but with an address at Lower Rathmines Rd, Dublin, had pleaded not guilty at Dublin Circuit Criminal Court to 181 counts of theft from two of Mr Clayton’s Bank of Ireland accounts over a four-year period from 2004 to 2008. The thefts totalled €2,869,274.
Det Gda Clodagh White told prosecuting counsel Colm O’Briain BL that gardaí were first alerted to financial irregularities involving Hawkins in Nov 2009. Following an extensive investigation, it was discovered that 181 cheques were written on Mr Clayton’s two accounts — the Fitzwilliam and Danesmoate accounts — without the consent or knowledge of the U2 bass player.
“A difference arose between Mr Clayton and his former accountant Gabby Smith over Mr Smith’s functions and the net result was there was no monitoring of Hawkins’ access to Mr Clayton’s funds by anyone,” said Det Gda White.
Mr O’Briain said Mr Clayton confirmed in evidence that Hawkins was never entitled to write cheques for her own benefit and he had provided her with a net salary of €48,000 and free accommodation.
Det Gda White agreed with Mr O’Briain the only amount Mr Clayton agreed to cover for Hawkins was around €100,000 for her rent from 2005 to 2009 as construction works were in progress at Danesmoate, Mr Clayton’s home.
Det Gda White said Hawkins was arrested on Dec 22, 2009, and detained for 24 hours. “She availed of her right to silence and no explanation was forthcoming during her detention.”
Evidence was heard during the 18-day trial that Hawkins started to write cheques from his Danesmoate and Fitzwilliam accounts in her name and lodging them into her personal, joint and credit card accounts. She used the money to purchase and maintain 22 racehorses, a €310,000 New York apartment, holidays, educating her children and shopping sprees. She also spent €1.4m on her credit card which was also funded from Mr Clayton’s accounts.
Defence counsel Ken Fogarty SC said his client, who now has a personal debt of €34,000 and two non-dependant children, is homeless but has no underlying medical conditions, no drug addiction and no gambling addiction. He said Hawkins fully contested the case, which is an “indication of the belief of her innocence” and “without a doubt she does not accept the jury’s verdict, as she felt she had the authority to write the cheques”.
Judge McCartan said Hawkins “may come to realise at some stage her wrongdoing”. He ordered €191,758 from the proceeds of the sale of Hawkins’ New York apartment be released from Bank of Ireland and paid over to Mr Clayton.
After the sentence was handed down, Judge McCartan said he would extend legal aid in the event of an appeal and Hawkins quietly mouthed, “Thank you”, before she was led away.




