A former radio DJ who had €15,000 lodged into her bank account as part of a money-laundering scam has avoided a criminal conviction and jail time.
Judge Martina Baxter discharged Nikki Hayes from the indictment on Monday, after taking into account a number of mitigating factors, including that she was vulnerable at the time of the offence and has since rehabilitated herself from drugs and alcohol.
Hayes (44), whose real name is Eimear Black O’Keeffe, of The Way, Hunter’s Run, Clonee, Dublin 15, previously pleaded guilty to possessing €10,000 as the proceeds of crime in a Permanent TSB bank account within the State on November 5th, 2020.
Two further counts of possessing €2,600 and €2,400 as the proceeds of crime in her account on November 6th, 2020, were taken into consideration by Dublin Circuit Criminal Court.
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Sentencing O’Keeffe on Monday, the judge noted she had pleaded guilty on the basis of recklessness and it was accepted that she was a vulnerable person who was taken advantage of.
At a hearing last year, the court heard that O’Keeffe was “genuinely vulnerable” and struggling with her mental health at the time. The sentencing in her case was delayed last November after she suffered a fall. It was further delayed last May when the court heard O’Keeffe was receiving residential treatment.
She has now completed this and is drug- and alcohol-free, defence counsel Keith Spencer told the court. O’Keeffe has repaid all the money that was taken from the injured party’s account, the court heard.
The judge said the appropriate sentence would have been 18 months but she ruled that the matter be dealt with by way of section 100 of the Criminal Justice Act. This means O’Keeffe will not incur a criminal conviction.
She said it was to O’Keeffe’s credit that she has reduced her risk of reoffending in the last year and is committed to her rehabilitation. The judge said she was co-operative and helpful in relation to the investigation.
O’Keeffe is no longer employed in her former field and is engaged in further training, the court heard. “Her loss of status is something I’m entitled to have regard to,” the judge said.
Defence counsel said O’Keeffe wished to express her gratitude to all those who helped her and showed generosity and compassion from the industry she was involved with “for a long time”.
She had worked at RTÉ for eight years and also for Spin 103, Classic Hits and East Coast FM, but is no longer employed in radio as a direct consequence of this case, counsel said.
The court has previously heard that O’Keeffe has been diagnosed with bipolar and borderline personality disorder, with defence counsel saying she had been “preyed upon” by others operating a sophisticated money-laundering scam.
A probation report previously placed O’Keeffe at high risk of reoffending, but Garda Gavin agreed with defence counsel that she was unlikely to reoffend as her mental health has since stabilised.
The court heard that O’Keeffe did not benefit materially in any way from the offence.
O’Keeffe has written a book called Crying into the Saucepan about her struggles with mental health, the court heard.
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