Cork man who deceived French firm out of €224k was 'robbing Peter to pay Paul', court told

The court heard that the French company was keen to establish in the Irish market and agreed with Seán O’Connor that for a finder’s fee of 1% to 3% of any order he would try to get orders from farmers

Imposing a three-year suspended sentence, Judge Behan described the defendant’s actions as an abuse of trust. File picture: Larry Cummins

A 54-year-old man who pleaded guilty to the deception of a French company establishing themselves in Ireland in the field of plastic wrapping for bails of silage in Ireland was described as “robbing Peter to pay Paul” in using the company to cover older debts he had around the country.

Now at Cork Circuit Criminal Court, Judge Sinead Behan has imposed a three-year suspended sentence on Seán O’Connor of Garrendurg, Kilbrittain, County Cork, for three counts of deception of Trioplast, now known as Trioworld, for sums of €129,000, €75,000 and €20,000 between May and August 2019.

The judge was told that civil proceedings taken by the injured party had been compromised and that the accused man paid compensation in final settlement of the proceedings.

Detective Garda Hugh Byrne investigated the case and testified that the French company was keen to establish in the Irish market and agreed with Seán O’Connor that for a finder’s fee of 1% to 3% of any order, he would try to get orders from farmers.

In the three cases of deception before the court, the modus operandi described by the detective was effectively the same. Mr O’Connor had a pre-existing debt with each of three farmers, unrelated to any transaction involving the French company. The defendant told each of them that he would supply them with a quantity of silage bail wrapping instead of paying them the money he owed.

In each case, the French company later billed the Irish farmer, only to be told that they had effectively paid Mr O’Connor already. When Trioplast got in touch with him he said they should bill him instead. In this way he effectively turned old debts owing to three Irish farmers — in Offaly, Cavan and Mallow — to three new debts which he then owed to Trioplast.

Det. Garda Byrne said Trioplast did not believe they could challenge the arrangements entered into by the three farmers as they feared that this would cause them reputational damage, through no fault of theirs, at a time when they were trying to get a foothold in the Irish market.

Defence barrister Ray Boland said civil proceedings taken against Seán O’Connor by Trioplast had been compromised with payments made by the defendant, culminating in a last payment by him to them for €109,000, which he raised through the remortgaging of his family home.

Mr Boland said in relation to the deception: 

He was robbing Peter to pay Paul. But he is guilty of robbing Peter. 

Now that the money has been repaid, Mr Boland urged Judge Behan not to impose a custodial sentence, saying that the defendant’s family’s livelihood and the livelihoods of 10 people he currently employs would be adversely affected if he was jailed.

Imposing a three-year suspended sentence, Judge Behan described the defendant’s actions as an abuse of trust.

“He transferred his debt to Trioplast and this company found itself in a very invidious position in Ireland. Now the monies appear to have been repaid under threat of civil proceedings and criminal complaint,” Judge Behan said.