Kildare minder has sentenced adjourned in stolen-cash case

A Kildare care assistant has had her sentence for stealing €4,760 from an elderly woman adjourned by Judge Katherine Delahunt who said she was trying to blackmail the court by not making arrangements for her sons.

Linda Maher was given the PIN number by the 83 year-old victim to get cash for her but then began regularly taking the ‘Laser’ card from her purse to steal sums of €200 to €350 that she spent on shopping.

Her scam was uncovered by the woman’s daughter who had become suspicious when she noticed an unusual pattern of withdrawals from her mother’s account which she was in charge of at the time.

Detective Garda Ultan Sherlock told prosecuting counsel, Ms Caroline Biggs BL, it was then noticed the suspicious withdrawals corresponded to the days Maher was rostered to work with the elderly lady.

Maher explained that her husband had left her and wasn’t paying any maintenance at that time. She had been struggling to meet mortgage repayments and had also received demands from debt collectors.

Maher (aged 41), of Castle Village Way, Celbridge pleaded guilty at Dublin Circuit Criminal Court, to one sample charge of stealing from the woman but admitted to gardaí that she used the victim’s card to withdraw cash an average of four times per month between August and October 2005.

Judge Delahunt said she didn’t appreciate the "level of blackmail" that Maher used to try and influence the court by failing to make provisions for her 11 and nine year old children.

She said that she expected Maher’s legal team had warned that it would be risky not to find suitable care for the boys. She heard that her solicitor was only provided with two phone numbers to ring if she was jailed.

"I am concerned that she has taken this attitude. I can only say it’s a way of trying to influence the court," Judge Delahunt said.

Ms Lilly Buckley BL, defending, said Maher hadn’t told any family or friends about the sentence hearing because she was ashamed and that was why she hadn’t arranged for anyone to care for the boys. There was no "sinister motive" behind it.

Judge Delahunt said she didn’t accept that Maher had faced the reality of her situation and adjourned sentencing to allow her to consider the case.

Maher told Judge Delahunt she was "deeply ashamed and embarrassed". She said she was in a position of complete trust and she was deeply sorry for any pain she has caused the woman and her family.

"I am overcome with guilt every day for what I have done," she said.

Ms Buckley said Maher had €4,700 in court to pay back to the woman’s estate and added that she had always indicated that this was her intention.

She said her client was living in a "fool’s paradise" at the time and made a "phenomenal and huge mistake".

Her estranged husband had now started paying maintenance and she was up to date with her mortgage repayments and had paid off all her debts.

Ms Buckley said Maher was the sole custodian of the two boys and she hadn’t told anyone about her court appearance because she felt she had let her family and children down.

Det Gda Sherlock told Ms Biggs that the victim’s daughter became suspicious and after she noticed a number of withdrawals which seemed out of place. Her mother would withdraw €200 every two weeks and no more than that so that her daughter became concerned when she noticed extra transactions.

Maher then contacted her to tell her that her mother’s card had been "swallowed by the machine" and a new one would have to be ordered. She called the daughter a number of times to tell her the card was found and that the new PIN number the bank issued was the same as the old one.

Det Gda Sherlock said Maher was arrested in October 2005 and said she was glad she was caught because it was too easy. She admitted she regularly took the card from the woman’s purse and knew her PIN number because she had previously withdrawn cash legitimately for her.

Det Gda Sherlock agreed with Ms Buckley that Maher was fully co-operative and that her guilty plea assisted the prosecution because the victim, who has since deceased, was too ill to make a garda complaint or to give evidence in court.

He accepted she was genuinely remorseful and that her actions were out of character. He said she had no previous convictions and it was unlikely she would come to the attention of gardaí again.