Mother’s pension ‘drawn for 16 years after death’

A man is to face trial accused of stealing approximately €160,000 by fraudulently drawing his dead mother’s pension for 16 years.

Brian Bobey, aged 61, appeared before Judge Michael Walsh at Dublin District Court yesterday on multiple theft charges. He is accused of stealing sums of money, property of the Department of Social Protection, at Errigal Rd Post Office in Drimnagh, Dublin, between 1997 and 2013.

It is alleged Mr Bobey, of Walkinstown Parade, Dublin 12, continued drawing his mother’s pension after she died in 1997, State solicitor John Forde told the court. The accused had previously been entitled to withdraw the money on behalf of his mother, the court heard.

The DPP has directed that the case should be dealt with at the higher level in the circuit court, which has tougher sentencing powers. Mr Forde said there were 34 sample charges in the book of evidence and the sum involved was €158,000.

However, defence solicitor Paul Byrne said the amount could be as much as €180,000, adding that due to the allegation of fraud it was not necessarily a straightforward case. He asked the court to grant legal aid to allow his client to have representation of junior and senior counsel.

He said the case will be dealt with at the circuit court, which can impose a more severe sentence, and his client would benefit from advice of senior counsel.

Judge Walsh said that could be decided by the trial judge and the book of evidence was served on Mr Bobey.

Judge Walsh then made an order sending him forward for trial to Dublin Circuit Criminal Court, where he will face his next hearing on July 24.

He warned the defendant that if he intended to rely on an alibi in his defence, he must give the details to the prosecution within 14 days.

Mr Bobey said “yes” when asked if he understood.

There was no objection to Mr Bobey remaining on bail.