A spiritual medium has been given a nine-month suspended sentence for acting as a director of a spiritual wedding and funeral business when he was disqualified from running a company.
Tom Colton (49), of The Park, St Wolstan’s Abbey, Celbridge, Co Kildare, was made subject to a directorship disqualification following a 2014 conviction for theft of €322,000.
The former rugby player and accountant pleaded guilty at Dublin Circuit Criminal Court on Monday to acting as a director at Grá Agus Solas ULC between August 2016 and May 2018, when disqualified due to a conviction for theft. The charges followed an investigation by the Corporate Enforcement Authority.
He admitted to acting in a manner prohibited by a disqualification order when a director and secretary of Grá Agus Solas, which had an address at The Courtyard, Kilcarbery Park, Nangor Road in Dublin. He also admitted being directly concerned in the formation and management of the company.
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Det Gda Gary Callanan told the court Colton received an automatic five-year disqualification from company directorships on December 5th, 2014, after being sentenced to four years in prison with 18 months suspended for the theft of €322,000.
However, he filed various papers with the Companies Registration Office using his Irish name, Tomás Mac Cultan, when Grá Agus Solas was registered in 2016. The court heard the company provided celebrant services for weddings, funerals, and baby naming ceremonies.
Colton told gardaí he used his Irish name to avoid media attention following his conviction and only later learned he had been disqualified.
The court heard that Colton also had a previous conviction under the Companies Act.for acting as a statutory auditor when not approved to do so.
The court heard that Monday’s sentencing is the first prosecution for acting as a director following an automatic disqualification. Colton consented to a 10-year directorship disqualification.
Under cross-examination by barrister Cathal Ó Braonáin, defending, Det Gda Callanan agreed there was no mention of the disqualification in court on the day of Colton’s theft conviction.
He accepted Colton became aware of his disqualification in 2018 and immediately resigned. This was four years before the investigation.
Mr Ó Braonáin said his client started Grá Agus Solas with his wife. It subcontracted to celebrants, with 60 currently contracted with it.
Counsel said his client’s wife suffered a stroke in 2021, had heart surgery the following year and her memory was below par. He handed in a letter from her in which she spoke of how difficult it would be for her if he was incarcerated.
The court heard the sanction for the offence is up to five years in prison with or without a fine of up to €50,000.
Judge Sinead Ní Chúlacháin noted there was no system in place for people to be informed when they are automatically disqualified. She said his guilty plea was valuable as this may well have been a complex trial, especially as it was the first prosecution of its type.
She noted testimonials that described him as a family man and a community volunteer, particularly in relation to children and sport.
His consent to a longer period of disqualification than would be imposed was evidence of remorse, she said.
She imposed a nine-month sentence, but suspended it in full and disqualified him from being a company director for 10 years.
