Kerry postal worker who took cash and lottery tickets from mail spared jail

"His fall from grace is huge," said defence solicitor Padraig O’Connell of his 52-year-old client, who had once been on the Kerry senior football panel.

Peter O’Brien pleaded guilty at Killarney District Court to 12 charges, two of them for theft, as well as interference and/or destruction of packets in the postal system. File picture: Eamonn Keogh

A postal worker in Killarney who admitted to interfering with mail and removing cash and lottery cards from two of the packets has been given a two-month suspended jail sentence.

Peter O’Brien (aged 52) of Barleymount East, Killarney, pleaded guilty at Killarney District Court today to 12 charges, two of them for theft, as well as interference and/or destruction of packets in the postal system. All offences related to January 29, 2021.

Judge Joanne Carroll said that the public has to have confidence in the postal system, and this had been dented by O’Brien’s actions. She refused solicitor Padraig O’Connell’s plea to apply the Probation Act.

Eight of the offences were that O'Brien intentionally delayed, interfered with, and opened a postal packet addressed to another, contrary to his duty as "an employee of the postal service provider", contrary to section 53 (1) (a) of the Communications Regulation Postal Services Act 2011.

Four National Lottery scratch cards to the value of €14 were stolen from one package, and €80 was stolen in the case of another, both offences contrary to Section 4 of the Criminal Justice (Theft and Fraud Act) 2001.

Two charges related to the destruction of the contents of the postal packets, contrary to Section 55 of The Post Office Act 1908.

Seven different addresses were involved — six belonging to women, and one belonging to a man.

Garda Inspector Vincent Brick outlined how, on Saturday, January 16, 2021, at the An Post Sorting Office in Killarney, CCTV had captured O'Brien removing mail items without permission or being in an official capacity to do so. 

He was also seen removing items from the missorted mail tray in the mail room. This was reported to the duty manager.

When he was arrested on January 29, an additional four mail items were found in his pocket, Insp Brick said.

O'Brien was an employee of An Post, he was interfering with the mail, identifying envelopes, removing contents, then destroying the packets so they would not reach their destination, the court heard.

He co-operated fully and had no previous convictions, the garda said.

O'Brien's solicitor Padraig O’Connell said his client was a married man with three children, and he asked that he not receive a criminal conviction and the Probation Act be applied.

“His background is only good,” the solicitor said. In his prime, he had played in goal for Kerry, both in soccer and in football.

“Unfortunately, he has alcohol addictions and gambling addictions,” the solicitor said, referring to medical reports handed into court. 

He was now receiving help and was a reformed person. He had reimbursed the €80 and the scratch cards.

He had lost his job, and had almost lost his home.

He was hero-worshipped in his hometown of Killarney, and his fall from grace is huge,” the solicitor said.

O’Brien had played in goal for Dr Crokes GAA football club, and had been on the Kerry senior football panel.

“He has paid a heavy price, and he utterly regrets it,” the solicitor said.

Judge Carroll said there had been “an appalling breach of trust” viz-a-viz his employer, An Post. 

O’Brien had held a responsible job, and his actions had dented confidence in the postal system, she said. 

The grandmother in Kerry sending €20 to the child in Dublin for a First Communion must feel confident it would arrive, she added.

Judge Carroll sentenced O'Brien to two months in prison on the theft charges, taking the various other charges into consideration, and she suspended the sentence. Recognisances were fixed in the event of an appeal.