A 45-YEAR-OLD garda has been given a 12-month suspended jail sentence after he admitted asking for money from the owner of an Indian restaurant in order to process work permits for staff whom the restaurateur was hoping to recruit.
Enda Loughlin pleaded guilty to corruptly accepting a gift of €1,500 from Mazhar Ali Baig at Barrack Street in Bantry between September 1st and September 30th, 2004 in return for processing work permit applications for five staff that Mr Baig was seeking to recruit for his Indian restaurant.
Insp Barry O'Rourke told Cork Circuit Criminal Court that Mr Baig planned to hire Muhammed Habib Sati as a tandoori chef and in order to do so Mr Sati needed a work permit from the Department of Enterprise, Trade and Employment and a valid immigration stamp on his passport.
Mr Baig brought Mr Sati with him to Bantry Garda station to get his passport stamped for the work permit application and they met Loughlin, who was the "immigration garda" at the station.
Loughlin stamped Mr Sati's passport, but with an incorrectly-dated student stamp rather than a work stamp.
The department refused Mr Sati a work permit because of the incorrect stamp and when Mr Baig raised the matter with Loughlin, he promised to sort it out along with stamps for four other Pakistanis whom Mr Baig was planning to hire.
Loughlin called to Mr Baig's restaurant in September 2004 and texted him to meet him in his car.
When Mr Baig came out, the court heard, Loughlin said he needed money to defray expenses in travelling to Dublin to process the five applications and Mr Baig handed over €1,500 in cash to Loughlin.
Loughlin did not process any of the applications and the matter came to the attention of Garda authorities in Bantry in August 2005. The resulting investigation led to Loughlin's suspension from duty as well as his being charged with corruptly accepting a gift. The court heard he is due to be dismissed from the Garda.
Loughlin, whom the court heard had received 14 commendations for his work from his superiors since joining the force in 1982, said he was drinking heavily at the time.
He apologised for his actions and the shame that he had brought to the force.
He told the court that his marriage had ended as a result of the case and his relationship with his three children had been very strained initially but he now had a good relationship with them and he thanked them for their support.
He told the court how he had contracted TB from a prisoner at Spike Island while working during a prison officers' strike in 1986 which resulted in damage to his heart and lung. He would have difficulty getting alternative employment as a result, he said.
Judge Con Murphy said that it was a serious matter but he noted there were a number of mitigating factors including the fact that Loughlin had co-operated with gardaí, pleaded guilty and repaid Mr Baig his €1,500 along with €1,000 compensation.
He noted that Loughlin had no previous convictions and was unlikely to re-offend. The judge said his actions were clearly out of character. Nevertheless, the court had to mark the seriousness of the offence. Loughlin was sentenced to 12 months in jail, suspended on condition of good behaviour.