Autistic man 'bullied' into stealing €17,000, court told

An autistic Galway man who said he was bullied by his "serious criminal uncle" into stealing €17,000 cash from employers has been given a suspended sentence by Judge Martin Nolan at Dublin Circuit Criminal Court.

Thomas McLoughlin (31) with addresses at St Grellan’s Terrace and Curragh Park, Ballinasloe said his uncle had stabbed him twice in the past and intimidated him into cashing a forged cheque and stealing money from two shops where he was employed as an assistant manager.

He used the name "Thomas Stevens" when appointed assistant manager in Spar in Littlepace, Clonee, Co Meath in September 2004 and was there just two days when the manager noticed that €4,000 was missing. CCTV footage showed McLoughlin coming out of the office carrying a bag.

He directed staff at a Mace shop in Finglas, Dublin in July 2005 to leave the cash from the night’s takings in the overground safe because, he said, the system for transporting cash to the underground safe was not working.

The following day he took €4,200 from the safe and left, never to be seen again by staff or management.

McLoughlin was a security guard for the Omni Park Shopping Centre in Santry in 2003 when he stole and forged a cheque for €8,800 from the management of the centre. He signed - and misspelled - the manager’s name on the cheque and lodged it into his EBS bank account.

One week later he withdrew the full amount of the cheque, visiting eight branches of EBS around Dublin so as not to exceed the individual branch limit of €1,200.

Garda Shane Woods told prosecuting counsel, Mr Dominic McGinn BL, that the Omni Park shopping centre management company noticed an unauthorised cheque and informed gardai who obtained CCTV footage of McLoughlin lodging and withdrawing the money.

McLoughlin, who also had an address at Oak Park Avenue, Santry, Dublin pleaded guilty to nine counts of lodging and withdrawing money on a fraudulent €8,800 cheque in November and December 2003 and two thefts of cash from the Spar and Mace shops in September 2004 and July 2005.

Judge Nolan called them "crimes of desperation and said: "He used his head rather than brawn or violence but he didn’t use it very well." He gave him a four year sentence but suspended it in full.

Defence Counsel, Mr Charles Corcoran BL, said McLoughlin’s uncle was a "serious criminal" who was "higher up the scale" and had "intimidated and coerced" his client into stealing the money.

Mr Corcoran said this "serious criminal" had driven McLoughlin to the banks to make the withdrawals.

Gardaí arrested father of two McLoughlin for stealing from the Spar and Mace shops when they discovered he was being held on remand in Castlerea Prison for robbing a Longford post office.

Det Gda Ronan Conlon said McLoughlin made full admissions when interviewed by gardaí and apologised for his behaviour. He said his ex-partner was under financial pressure at the time.

Det Gda Conlon agreed with Mr Corcoran that McLoughlin was not violent towards anyone in either shop and didn’t act in a threatening manner.

Mr Corcoran said in the past McLoughlin had used his ex-girlfriend and a gambling problem as excuses but had since said his uncle made him commit the thefts.

He said a psychological test had shown McLoughlin suffered from aspergers syndrome, a mild form of autism, which made him susceptible to his uncle’s influence.

Mr Corcoran said McLoughlin had a serious alcohol problem which he intended to address by taking up a place on a residential treatment programme.