‘Self-style’ surveyor jailed for defrauding Connemara pensioner

A ‘self-styled’ surveyor who pleaded guilty to the theft of €106,000 from an 86-year-old farmer in Connemara has received a two-year prison sentence.

Judge Eoin Garavan told Galway Circuit Court said Seamus Murphy (59) acted out of "pure dishonesty and utter greed" when he stole money from Padraig Walsh.

The court heard Murphy acted as an intermediary in a deal between SSE Electricity and Mr Walsh over the construction of wind turbines on land owned by Mr Walsh in the Cloosh Valley in Connemara.

Murphy – a married father of three, with an address at 90 Creggan, Barna – pleaded guilty to two counts of theft contrary to section 4 of the Theft and Fraud Offences Act.

These relate to the theft of two sums of €53,340 on June 7, 2018 and November 16, 2018, at the Bank of Ireland, Eyre Square.

Murphy initially faced eight counts comprising theft and money-laundering offences that involved a total sum of €199,651.70. The case was heard on a ‘full facts’ basis.

In his victim impact statement, previously read in court, Padraig Walsh said Seamus Murphy not only robbed his life savings but ‘robbed me my peace of mind and trust in people’.

Mr Walsh said Murphy called him a ‘liar’ threatened him and caused a lot of stress and suffering.

The court heard Murphy did well at the initial stages of the arrangement and "earned Mr Walsh's trust", the judge said.

Seamus Murphy was recommended to Mr Walsh by a neighbour in 2015 and Mr Walsh initially spoke well of the accused, describing him as a "nice and honest man".

Judge Garavan said that at a later stage, Mr Walsh signed mandates, apparently for sums to be paid to Mr Murphy. But the court heard that when issues arose relating to the money owed to the victim, Mr Walsh's family got involved and were "treated shamefully" by Mr Murphy.

The judge noted the "great integrity and hard work and decency" of Mr Walsh's accountant who raised queries that led to the involvement of gardai.

The court heard that as a result of a High Court case taken against Murphy, a compromise was reached and sums of money were repaid.

“It seems to me this was an appalling breach of trust,” said Judge Garavan. “This was a man who ingratiated himself, in my view, with this innocent rural gentleman.”

He said it was clear from the evidence that Seamus Murphy ‘took advantage’ of an elderly man who was not used to business or legal matters.

“When Mr Murphy was confronted by the victim and his family, Mr Murphy threatened them in a bullying manner, in accordance with the evidence,” said Judge Garavan.

The court heard Murphy tore up a solicitor's letter the family gave to him and warned them that "if the matter went to court there would be only one winner".

The court noted that Seamus Murphy was not fully cooperative with Gardaí – but certain admissions were made.

“He (Murphy) used the victim's money for personal gain. This was a well planned and executed theft. He seems to be a well-off individual. He has lots of businesses and he used the monies to improve his business, essentially,” said Judge Garavan.

The Judge said that ‘substantial mitigating factors’ existed in the case. He said the accused has no previous convictions, the victim has been substantially reimbursed, and it is six years since the offences.

Judge Garavan said the guilty plea was significant and spared the victim the prospect of having to come to court and give evidence. However, he said the court regarded Murphy as a ‘seasoned operative’ and this was an extreme breach of trust.

"It was pure dishonestly and utter greed at the end of the day", he added.

He imposed a three-year prison sentence with the final year suspended on conditions

At the start of the hearing, barrister Bernard Madden SC, said that his instructions and those of the instructing solicitor, Ronan Murphy, had been withdrawn by the accused.

Seamus Murphy told the court he wanted to change his legal team and change his plea.

Judge Garavan said no such application was before the court or the prosecution and he intended to proceed with sentencing. “It's too late in the day,” the judge said.

The court heard Murphy failed to turn up for his sentencing hearing in July after going to Spain.

■ Funded by Courts Reporting Scheme.