Former professional footballer avoids jail over fake jersey haul in garden shed
Kevin Doherty pleaded guilty to the offence. Picture: NW Newspix
A former professional footballer caught with tens of thousands of euro worth of replica soccer jerseys and cigarettes has avoided a jail term.
Gardaí found the haul — which included the jerseys, DVDs and hundreds of pairs of fake trainers — in Kevin Doherty's garden shed in Co Donegal on June 11, 20219.
Doherty, 46, appeared at Letterkenny Circuit Court where he faced a number of charges.
Among the haul was almost €50,000 worth of cigarettes, hundreds of pairs of fake Nike and Vans trainers, and dozens of replica jerseys and other fake clothing, including Ralph Lauren, Adidas, New Balance, Nike, Fred Perry, and Gym King.
When quizzed by gardaí, Doherty initially claimed he didn't have a key for the shed and he was just storing them for somebody else.
He claimed he was being supplied with cigarettes and tobacco in exchange for holding the fake goods and that he was in debt to the owner of the goods due to a gambling addiction he had.
The court was told the goods were being sold from a makeshift cabin in the Galliagh area of Derry.
Doherty pleaded guilty to keeping for sale or delivery specified tobacco products without the appropriate tax stamp contrary to the Finance Act of 2005.
The accused, with an address at Fern Park in Derry, also pleaded to the fraudulent application or use of trademark in relation to goods contrary to Section 92 of the Trademarks Act 1996.
There had been a delay in the case as gardaí had to contact a number of Premiership Football Clubs to establish if the goods were fake.
Barrister Gareth McGrory outlined his client's circumstances, saying his father had died three years ago and this had had a huge impact on his life as they were very close.
Doherty had played professional football in England with a number of clubs, including Southampton, from the age of 17 until he was 21 but had returned to Derry and had worked in a number of local companies.
He had suffered from a gambling addiction since he was 24 and admitted to using alcohol to excess but didn't dabble in any drugs.
He had issues with mental health for which he had been prescribed anti-anxiety medication.
Mr McGrory said his client was physically able to work and suggested that he could move from Derry to an address in Donegal and complete any community service programme the court may order instead of imposing a custodial sentence.
Mr McGrory added that the case certainly wasn't the smallest of such cases but similarly it wasn't the largest gardaí have come across and that his client had no other cases pending.
The court was told the tariff for such offences was up to five years in jail or a fine of €126,000.
Passing sentence Judge John Aylmer said both offences were at the lower end of the scale for such cases but which merited a prison sentence of 18 months before mitigation.
However, he said there was an early guilty plea and the accused had suffered from a gambling addiction and anxiety, which that merited a reduction to 12 months in prison.
Judge Aylmer said he could consider imposing a community service order but because Doherty lived in Derry, he was not in a position to order this.
Instead, he adjourned the case saying that if Doherty found an address in the Republic of Ireland then he proposed to impose an order of 240 hours community service in lieu of 12 months in prison.
An order was also granted for the destruction of all the items found, as well as confiscation of €555 in cash found at the scene.
Doherty appeared at Letterkenny Circuit Court when the court was told he had secured an address in Donegal and could fulfil the 240-hour community service requirement in lieu of a jail term.
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