Court orders probation and welfare report ahead of Catherine O’Brien sentencing

The court heard that the injured party, who has been diagnosed with stage 4 cancer, will not be able to deliver his victim impact statement in person ahead of sentencing

Catherine O’Brien was found guilty last Wednesday of deception charges by a jury at Waterford Circuit Court. File picture: Dan Linehan

The preparation of a probation and welfare report has been ordered before the sentencing of Catherine O’Brien on deception charges.

Judge Eugene O’Kelly directed that the report be prepared when the sentencing matter came up for mention at Waterford Circuit Court on Tuesday morning.

Ms O’Brien was found guilty last Wednesday of deception charges by a jury at Waterford Circuit Court. The jury returned the verdict following a trial relating to the purchase, transport, and insurance of a French mare called Lingreville.

It was alleged that she “dishonestly by deception” induced Dubliner John Blake to pay €20,000 to purchase the horse — which the State alleged was not purchased; to pay €1,100 insurance for the mare — which the State said was not paid; and €984 to transport the horse from France to Ireland — which the State said was not transported.

The jury returned guilty verdicts on all three charges within 40 minutes of being sent out to deliberate last Wednesday afternoon.

Ms O’Brien, of An Grianan, Ballinroad, Dungarvan, Co Waterford, had pleaded not guilty to the three charges of making gain or causing loss by deception contrary to Section 6 of the Criminal Justice (Theft and Fraud Offences) Act 2001.

The trial had heard that Mr Blake has been diagnosed with stage 4 cancer and also suffered a stroke in 2019.

On Tuesday morning, counsel for the State, Conor O’Doherty, told Waterford Circuit Court that the injured party in the case will not be able to travel to deliver his victim impact statement in person ahead of sentencing. It will instead be delivered on his behalf by Detective Garda Joe Wyse, Mr O’Doherty said.

He said that the only date which the defence team would be in a position to deal with the sentencing would be July 30. However, Mr O’Doherty said there was a very full list for that date.

Catherine O'Brien was convicted following a trial relating to the purchase, transport, and insurance of a French mare called Lingreville. File picture: Dan Linehan

He applied to the court for an adjournment of the sentencing matter for mention on October 8, which was granted by Judge O’Kelly.

Judge O’Kelly said: “I don’t think I formally directed the preparation of a probation and welfare report so I am doing so now. There is no prospect of that being received before the end of term so remand in continuing custody until October 8 for mention on that date, production on that date via video link to Waterford Circuit Criminal Court.” 

Mr O’Doherty told the court that there is “another matter, judge, which can travel with it” for mention also on October 8. Judge O’Kelly agreed to that request.

Ms O’Brien appeared via video link from Limerick prison for the short hearing. She did not speak during the hearing, other than to confirm that she could hear and see the court.