Care assistant stole €15,400 from 89-year-old to buy cocaine
A JUDGE told a care assistant who stole from the life savings of an 89-year-old client to buy cocaine and re-pay a debt, that she abused her position of trust and breached it in an “appalling fashion”. Jessica Brennan (37), Caltragh Crescent, Sligo, was before Judge Keenan Johnson on six charges of stealing property without consent – cash the property of Nora Clarke to a total amount of €15,400 on dates between May 17, 2019, and July 8, 2019, at various locations across Sligo.
Sligo Circuit Court heard that, on Wednesday of last week, that on 46 occasions she used the ATM card of the late Ms Nora Clarke without her consent to steal an average of €300 per transaction totalling €15,400.
The accused was in the position of care assistant for five years, trusted to undertake banking transactions and knew the elderly lady’s PIN number.
The judge said she used the ATM card illicitly in cumulative transactions and there was a serious depletion of funds belonging to her family and the church.
He said it was “unforgiveable that she abused her position of trust and breached it in an appalling fashion”.
Counsel for the Director of Public Prosecutions, Leo Mulrooney BL with state solicitor, Elisa McHugh, presented the prosecution’s case. Defence counsel was Keith O’Grady BL, instructed by Tom MacSharry, solicitor.
The statement of Ms Clarke’s niece, Julie-Ann, was read into court. When her uncle, the late Joseph Clarke, who was looking after her aunt’s affairs, went to pay her nursing home bill, he discovered there was not enough money in the account and so reported it to Gardaí.
He made a statement the day after his sister passed away. Gardaí liaised with Bank of Ireland on Stephen Street, obtained a statement, and identified suspicious activity on the account.
A female, who was later identified by Gardaí as Jessica Brennan, was visible making withdrawals at ATMs in locations around Sligo. Mr Clarke also made a statement in relation to his sister’s bank card being missing.
ON June 18, 2020, a warrant was obtained to search Ms Brennan’s house where items found included an Irish Home Care application form and work roster with the late Ms Clarke’s name on it as a client. The accused was arrested and conveyed to Ballymote Garda Station where she was interviewed on two occasions. She said she last worked with Home Independent in Christmas 2018 and had worked with them for five years as a care assistant. She worked 30 hours per week which she enjoyed, especially helping people.
Asked specifically about Ms Clarke, she said she knew her personally for five years and described her as “a lovely person”. The nature of the work involved included assisting her with dressing and getting her food. She would visit her nearly every day and sometimes twice per day and would be given cash by the elderly woman to buy provisions.
The accused made a full and frank admission – she said she was in trouble, saw the opportunity and did it for her children because there were people at her door.
She had been given the account’s PIN number previously and admitted to withdrawing the cash around Sligo. She owed €20,000, a lot of money to a lot of people, and used Ms Clarke’s savings to get cocaine and re-pay a debt that had arisen. She knew the money was not hers to take but took it to buy the cocaine for her abusive ex-boyfriend. When asked why she stopped, she said the ATM machine had returned her card and so it came to an end.
She accepted the total of €15,400 was all the money she had taken without the consent of the older person, and she felt “ashamed and mortified” for doing it. She was shown the CCTV footage for a second time, identified herself and accepted it was she each time. “I hold my hands up and say I’m sorry,” she said.
The court heard she had seven previous convictions – one for theft from April 2021 when she was fined €300 and the victim re-reimbursed, and one for drugs possession from November 2020.
The victim impact statement on behalf of the Clarke family was read in court. In it they referred to the psychological effect on the family; the distress the late Mr Joseph Clarke had suffered, and a side effect was that he had to take tablets for sleep and stress. Their late aunt had intended her estate to be divided between the family and the church and it was now €15,400 short for the beneficiaries. When Ms Clarke died, she was unaware of the theft. Under questioning by Mr O’Grady, Detective Inspector Ray Mulderrig agreed the offences took place over a seven-week period and Ms Clarke had died without making a complaint. The accused had provided a full admission, she knew the injured party was dead and her admission and subsequent act helped bring the matter to court. Without that, it would have been an uphill battle to prosecute with no injured party and no complainant. Det. Mulderrig explained there was a “double bottom” of money lending locally with loan sharks also acting as drugs
The defendant had used an ATM card belonging to Ms Nora Clarke without her permission at multiple locations.
dealers.
Mr O’Grady said his client had a good relationship with the deceased and Det. Mulderrig said all indications were that Ms Clarke was a lady with Ms Brennan providing her assistance for five years. His client was not a person of means with no trappings of wealth and the incident arose out of her very serious drug habit and addiction. Having had a trusted position in the community, her drug use stopped that. She was a single mother of three in part-time employment and was the first person in her family to do the Leaving Certificate. In relation to her personal circumstances, the relationship with the father of her three daughters was extremely fraught. A custodial sentence would have obvious implications for the children in she was their sole carer and furthermore, could lose her job. Mr O’Grady said his client had an immediate sum of €2,300 to offer and proposed she set aside €50 a week to reimburse the family – if the court would allow it. Judge Johnson rejected the offer on the basis it would take seven years to pay. He reminded Mr O’Grady his client had pleaded guilty to a total of six charges advising she obtain a credit union loan instead.
In his summary, the judge said the accused had pleaded guilty to a total of six charges of theft and made a plea on a ‘full facts’ basis. She was in the position for five years, trusted to undertake banking transactions and knew the elderly lady’s PIN number. She used the ATM
card illicitly in cumulative transactions. Prior to Ms Clarke’s death, her brother Joe had reported both funds and cards as missing. When Gardaí subsequently arranged to meet the accused, she made a full admission and expressed remorse for the offences. The admissions were significant in this case as she had accepted responsibility. Nonetheless, there was a serious depletion of funds belonging to the family and the church. It was unforgiveable she abused her position of trust and breached it in an “appalling fashion”.
The judge expressed his condolences at the loss of Nora Clarke and her brother Joseph to the Clarke family members in court saying: “The fact that your aunt was a victim [of this crime] must have been very difficult for you.”
The most significant mitigating factor for him was Ms Brennan’s co-operation – without the admission prosecution would have been difficult because of the tragic death. He accepted she did own up when interviewed, was remorseful and in a bad place at the time with entrenched drug habits and debts.
Her father had died at the age of 62 which started her drugs habit. She has been in steady employment and the carer for her children. Her children would suffer inordinately which was another factor. He also noted she had engaged with the probation services and got good family support.
The aggravating factors were that a large amount
was stolen involving 46 transactions perpetrated over a seven-week period. There was an element of pre-meditation and planning involved. The drugs she purchased were for sale and supply and her drugs and mental health issues needed to be addressed.
Judge Johnson said it was a sad state of affairs when people like her became ensnared and urged anyone in the throes of illicit lending to use the Credit Union. He took into consideration the amount stolen in the particular case and that the victim was extremely vulnerable. He was satisfied the offence ranked at the midrange which could result in imprisonment of up to five years.
Judge Johnson imposed a suspended sentence of two years and six months on condition Ms Brennan agree in a bond to keep the peace and be of good behaviour and character for five years. She was also to place herself under the supervision of the probation services for a period of 12 months and follow their recommendations in relation to offending behaviour, drug addiction and mental health issues. He directed her to remain drug free and provide urine analysis as and when required, as well as continue to deal with mental health services and follow their directions. He also directed her to pay Ms Clarke’s estate in the form directed, a total sum of €16,500 – €2,300 with immediate effect, €10,200 by January 10, 2023, and the balance of €4,000 by December 31, 2023.