Probation Act applied for ‘ paperwork’ offence

THE Probation Act was applied in respect of a 50 year old man who didn’t have a licence to provide a property service.

Declan McGoldrick, Kevinsfort Heath admitted between June 1st and July 17th 2015 to leasing two apartments at Millbrook, Riverside while not the holder of a licence to provide a property service.

Detective Garda Michael Carr said the defendant thought he was covered by a consultancy company he was working for at the time and which was the management company for the apartments.

However, the company didn’t have a licence to lease and neither did the defendant, said witness.

Detective Garda Carr agreed with Mr Keith O’Grady BL ( defending) that the defendnat had been taking deposits and the like and that he didn’t have any previous convictions.

Mr O’Grady said the person with whom the defendant worked with left for the UK and “the man on the ground” was McGoldrick.

He would meet tenants, show them the apartments and handle the keys, said Mr O’Grady who added that the defendant was a qualified financial advisor.

Mr O’Grady said the married father of two was providing a property service but was no longer operating in that area.

The witness accepted that the defendant would have been able to register had he done so and that it was a “a paperwork offence.”

In reply to Judge Kevin Kilrane, Det Garda Carr said the matter had come to his attention that this was the position in relation to the two apartments.

There was no question of the defendant being cautioned to desist. Inspector Donal Sweeney said the matter arose out of an investigation which Det Garda Carr was carrying out.

Mr O’Grady submitted that if the matter happened three to four years ago there would have been no offence committed at all but the charge related to new regulations in the market.

“I would ask the court not to impose a formal conviction,” asked Mr O’Grady.

Judge Kilrane said it was a technical offence and it would have been different if the defendant had been cuationhed he had persisted.

The defendant had let two apartments. It was a purely technical offence, said Judge Kilrane, applying the Probation Act.