Man created fraudulent papers using court manager’s name
Carlow Courthouse Photo: Michael O'Rourke
A MAN who created fraudulent documentation bearing a court manager’s name pleaded not guilty on the basis that he felt “aggrieved” over money he says is still owed to him by the injured party, Carlow District Court has heard.
Patrick Brennan (48) of Mortarstown, Kilkenny Road, Carlow appeared before Judge Geraldine Carthy in relation to two charges under section 25 and section 26 of the .
The court heard that a full hearing on the matter took place on 11 June, at which a plea of not guilty was entered. Judge Carthy noted that Mr Brennan had accepted creating fraudulent documentation using the court manager’s name, despite maintaining his not guilty plea.
“He accepted that he created fraudulent documentation with the court manager’s name and still pleaded not guilty. I wanted to see what insight he had into the offences before the court,” said Judge Carthy, explaining that this was why she had directed a probation report be prepared.
Solicitor Joe Farrell, representing Mr Brennan, addressed the judge on the contents of that report. “It’s somewhat different to others I’ve read,” he said, directing the judge to a specific section of it.
In mitigation, Mr Farrell said that his client had overcome considerable difficulties in his life. “He has completed an awful lot of stuff in his life; he hasn’t made an issue with his background; he has made the best of everything,” he said, adding that the probation officer had appeared “sympathetic” towards Mr Brennan.
“His original career choice was curtailed; there have been a lot of obstacles,” Mr Farrell added.
However, Judge Carthy said she disagreed with the recommendation of probation officer Ms Duffy, who had asked that the matter be adjourned.
Referring to the probation report, the judge said that Mr Brennan had been “open and honest about mixed emotions towards the victim but allowed negativity towards her to cloud his judgement”.
“He does think prosecution was unfair in the context that money owed to him is still outstanding. This causes huge concern. You’re entitled to plead not guilty,” Judge Carthy said, before adding that this did not excuse the creation of fraudulent documents.
“You feel very aggrieved that you’re owed money,” she said. “To your credit, you have fully co-operated with probation services, but two wrongs don’t make a right.”
The judge also referenced Mr Brennan’s good background and education, remarking that this should have equipped him with better judgement.
Judge Carthy convicted Mr Brennan on both counts and imposed fines of €800 for the section 26 offence and €800 for the section 25 offence, each to be paid within 120 days.
“I appreciate the court’s mercy in terms of a fine only,” Mr Farrell said.
