Suspended sentence for employer theft

A Kildare photographer who stole €27,000 from his employers has been given a suspended sentence after paying over partial compensation to the company.

Graham Hynes (aged 31) claimed he took the money because he fell back into heroin use after staying clean for several years.

Hynes, a father of one from Fernspark, Fern Bridge, Monasterevin, pleaded guilty at Dublin Circuit Criminal Court to stealing €26,836 at Blanchardstown from Photo Corporation Ireland Limited on a date unknown between April 26 and May 19, 2007. He also pleaded guilty to possession of a forged driving license.

Judge Martin Nolan heard Hynes had been largely crime-free since his arrest, aside from several road traffic offences. Hynes also had €3,000 in compensation.

Judge Nolan sentenced him to three years, suspended in full for three years, and ordered him to pay over the money to his former employers.

Garda David Maye told prosecuting counsel, Mr Garnett Orange BL, that Hynes was hired by the company in August 2006 to drive to various locations around the country and take photographs of people. He would then return a few weeks later to sell the pictures. It later emerged he had used a forged driving license to get the job.

Starting in April 2007, he went on five trips to take photographs. Each time he filled out the paper work and collected the money from customers but failed to lodge it in the company account.

His manager became suspicious and alerted gardaí who contacted Hynes. He arranged to be interviewed voluntarily and admitted taking the money but claimed he had never planned to keep it. He said he had spent €7,100 of the stolen money on heroin after he "slipped" back into his addiction.

He claimed the rest of the cash had been stolen from him when he was at a party. Gda Maye added that Hynes had seven previous convictions including robbery, theft and road traffic offences.

Gardai called to his house and he handed over the forged driving license and the cheques he had stolen. However these were of no value as they had already been cancelled by the company.

Defence counsel, Mr David Staunton BL, said Hynes had a long history of drug use and suffered from a related infectious disease. He said Hynes "recognised what he did was a serious breach of trust" and was "very anxious and stressed about going into custody."