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Revenue official pocketed nearly €20,000 in motoring fines

John Kelly’s job was to collect the fines from people who hadn’t paid vehicle registration tax.

A REVENUE OFFICIAL who stole nearly €20,000 from the State over the course of a year by pocketing motoring fines has been given a suspended sentence.

John, also known as Anthony, Kelly (41) was an executive officer with the Revenue, responsible for collecting fines from motorists who hadn’t paid Vehicle Registration Tax (VRT).

Dublin Circuit Criminal Court heard motorists caught by gardaí without VRT had their cars seized and would have to meet with Kelly to pay a fine and get their car back. Kelly would then keep the fine himself.

Over-extended himself

Counsel said Kelly had “over-extended himself” financially during the Celtic Tiger era and needed the money to repay loans and also to fund medical procedures to help himself and his wife conceive a child.

Judge Desmond Hogan said Kelly had “sullied his own good name” at work and in the community by succumbing to temptation, albeit for “very human reasons”.

He sentenced Kelly to six years in prison but suspended it in full for four years, noting that Kelly was unlikely to be of trouble again.

Judge Hogan said it was a serious offence which represented a severe breach of trust. He acknowledged that Kelly had been in financial difficulty at the time and had cooperated with gardaí and pleaded guilty, thus avoiding a lengthy trial.

Kelly has been repaying the money and brought the outstanding amount of €3,490 to court. Judge Hogan ordered that this final repayment be passed on to the Revenue Commissioners.

The court heard that motorists who don’t have VRT are fined 10% of the value of the car. Kelly targeted high-end cars such as Porches and BMWs and stole a total of €19,350.

Kelly of Barons Hall Apartments, Balbriggan, Co Dublin pleaded guilty to three counts of theft from the Revenue Commissioners at New Customs House, Dublin. Two similar counts were taken into consideration. The offences took place between March 2005 and January 2006.

Detective Garda Stephen Niland told prosecuting counsel Garret Baker BL that motorists were stopped in the Dublin area and directed towards Kelly to get their cars back and pay the fine.

The owner of a BMW jeep paid over €7,000, the owner of a Porsche paid €5,650 and the owner of BMW 325 paid €2,300. The Revenue did not receive any of these fines.

Denial

A year after the jeep driver was fined, he was stopped again in Wexford by Revenue Officials for not having VRT. The driver told officials he had already been fined for the offence and Revenue began an investigation when it found no record of this.

Shortly afterwards Kelly paid over the original €7,000 fine in the form of two cheques and cash. The investigation then discovered the other missing fines.

Kelly was interviewed and denied stealing the money but identified his signature on several documents which were part of the case against him.

Defence counsel Michael Lynn SC said Kelly has now been fired from his position but was in line for a promotion before the thefts came to light. He said he now has another job.

Judge Hogan asked if his new employer knew about these offences and Kelly responded that he had put The Revenue down as a reference when he applied.

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    Mute All Hail Bukowski
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    May 1st 2017, 1:07 PM

    Cue victim blaming brigade and more waffle about how cyclists are the cause of or contributors to their own death. 6 people who ride bikes, 6 father, mothers, grandparents, children killed so far this year. This compares to 10 for the whole of last year. Driver education and safer riding environment are needed. The latter would benefit all including pedestrians and city residents. Very sad statistics.

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    Mute Mr. G
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    May 1st 2017, 1:52 PM

    Should everyone blame the lorry driver instead?? We are all responsible for our actions on yhe roads. The roads are shared but you must keep in mind that it would be easier for the cyclist to see the lorry than the lorry driver see the cyclist. Theres alot to be said for common sense. I certainly wouldn’t like to be in that lorry drivers shoes. Its alot to carry for the rest of your life. Regards to the lorry driver and the cyclists family.

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    Mute Terry McSweeney
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    May 1st 2017, 1:59 PM

    @All Hail Bukowski: most drivers dont cycle and most cyclists dont drive so neither has an appreciation of the difficulties of the other and hence everyone thinks they are right.

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    Mute Michael Carolan
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    May 1st 2017, 2:10 PM

    @Terry McSweeney: while a lot of motorists don’t cycle, most cyclists do drive. Some motorists cocooned in their cars have no idea what’s going on around them.

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    Mute prop joe
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    May 1st 2017, 2:12 PM

    @Mr. G: yes. People turn left and don’t look up. Watch out you could kill someone.

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    Mute Brian O'Loughlin
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    May 1st 2017, 2:21 PM

    I think everyone should be made cycle in Dublin at least once to appreciate what cyclists have to deal with every day. Are they all angels? Of course not but at the end of the day they’re vulnerable road users.

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    Mute Gulliver Foyle
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    May 1st 2017, 2:29 PM

    @Mr. G: the compete blame lies with the officials who have failed time and time again to provide a safe environment for the massive numbers of people who choose to cycle in the city. Like the incident in templeogue, the truck drivers (while more than likely racked with guilt) did not drive in a way that is safe for other road users and failed to show caution for the absolutely rubbish cycle paths that councils think is sufficient to meet some performance indicator. I accept that the normal empathetic response is to absolve the drivers, but like speeding and drink drivers, they are in command of giant machines that can kill people if not operated correctly, as happened here.

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    Mute Michael Carolan
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    May 1st 2017, 3:39 PM

    @Brian O’Loughlin: was thinking about this earlier. Great idea. Should form part of learning to drive to go through the experience of another road user. As a cyclist I am more aware of what is going around me when I drive.

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    Mute Steve Mac
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    May 1st 2017, 4:31 PM

    @Terry McSweeney: well that’s bull for starters. Most cyclists do drive.

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    Mute Larry Doherty
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    May 1st 2017, 9:39 PM

    @All Hail Bukowski: This is what cyclists are up against from bullying and ignorant lorry drivers – probably texting as usual. See link…

    http://www.irishmirror.ie/news/irish-news/watch-frightening-handlebar-footage-shows-10279094

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    Mute Alison Morgan
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    May 1st 2017, 2:40 PM

    Since when is Harolds cross in Crumlin?

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    Mute declan burke
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    May 1st 2017, 2:54 PM

    @Alison Morgan: parnell road is in crumlin

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    Mute Lukey
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    May 2nd 2017, 11:39 AM

    @declan burke: If by crumlin you mean Harolds cross then yeah

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    Mute Patricia Delaney
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    May 1st 2017, 3:12 PM

    Address is misleading junction is Harold’s Cross Bridge which is in Harold’s Cross not Crimlin

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    Mute Suzie Sunshine
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    May 1st 2017, 5:00 PM

    @Patricia Delaney: the truck proceeded towards Parnell road.. which is in Crumlin. ..

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    Mute Frank Brennan
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    May 1st 2017, 7:14 PM

    @Suzie Sunshine: The truck was turning left off Grove Rd onto HAROLDS X RD the cyclist RIP was proceeding straight on from Grove Rd onto Parnell Rd according to the report that’s given in this report.Just for your info.That section of Parnell Rd the cyclist .RIP was going towards is in HAROLDS X up to Clogher Rd.

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    Mute Tori Burke
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    May 1st 2017, 5:14 PM

    HGV Trucks are much to big to no on the canal roads there are many other safer routes to take Dangerous junction also used by a lot of school children I had a very young femily member killed by a H G V many years ago they must use safer alternative routes

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    Mute Tony Daly
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    May 1st 2017, 10:43 PM

    Never, ever get caught on the inside of a HGV. Stay out.

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    Mute Larry Doherty
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    May 1st 2017, 9:43 PM

    HGV drivers are inclined to bully other road users because of their size. See link of recent near miss by cyclist in Donegal.

    http://www.irishmirror.ie/news/irish-news/watch-frightening-handlebar-footage-shows-10279094

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    Mute William Kelly
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    May 2nd 2017, 7:27 AM

    And require commercial goods & service vehicles to operate off peak, preferably 20.00- 06.00.

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    Mute William Kelly
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    May 2nd 2017, 7:24 AM

    I have to observe that DCC is very negligent in providing proper bike lanes & general traffic streaming for the safety of cyclists.
    Erratic lanes, vanishing & poorly maintained, on street car parking, unregulated truck & van deliveries are obvious failings.
    When will they impose the principle that roads are for travel, not for the storage of cars & other vehicles? Is it not blatantly obvious that if you need or opt to use a vehicle within cities, that you must have somewhere other than the public street to put it when not in use?
    Safety &environmental objectives seem to be second fiddle to parking revenues, & the actual traffic management seems to be minimalist & amateurish.

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