A care assistant who stole almost €1,000 from his intellectually disabled clients has received a two-year suspended sentence.
Spanish national Jorge Garcia, (41),had been working in Cheeverstown residential care centre in Dublin for six years when it was discovered that he had been stealing money, a total of €960, from six residents' accounts over a six-month period.
He did so by altering the figures on withdrawal forms and using a photocopy of an authorising signature. The court heard that Garcia, of Fortunes Walk, City Park, Saggart, has since repaid the money.
He pleaded guilty at Dublin Circuit Criminal Court to six sample counts from a total of 32 charges of theft from the residents on dates between April 18th, 2013 and August 8th, 2013. He has no previous convictions.
Judge Desmond Hogan accepted that Garcia co-operated with the garda investigation, but noted that the money was stolen from vulnerable people whom he had taken advantage of them.
He said because of the disabilities of the residents, Garcia’s plea assisted the gardaí in prosecuting him.
Judge Hogan took into consideration Garcia's genuine remorse and evidence from investigating garda, Shay Kilbride, that he was unlikely to come before the courts again.
He suspended a two-year sentence and adjourned the case to next February to ascertain if Garcia is suitable to carry out community service.
Garda Kilbride told Fiona McGowan BL, prosecuting, that he spoke to the accountant in Cheeverstown in August 2013 after concerns were raised about a certain withdrawal form that appeared to have the amount of cash altered from €20 to €200.
The withdrawal forms had to be approved by the manager of Cheeverstown and the money would then be taken from the client’s accounts to allow them to pay for cinema trips, for dinner, or to go shopping.
It was then noted that a number of withdrawal forms carried the manager’s signature, but the signature appeared to be photocopied. The amounts withdrawn had also not been entered into the resident’s account book.
Garda Kilbride agreed that staff suspected Garcia and he later came voluntarily to the garda station where he made full admissions.
David Staunton BL, defending, told the court that his client had been sending money to Spain to assist his elderly parents. He later injured his back while working and came under financial pressure when he was put on sick pay.
“He very foolishly believed this was a source of cash that would assist him,” Mr Staunton told Judge Hogan.
He said Garcia is now in receipt of social welfare and has repaid the money in full having saved over a period of time.
Mr Staunton said his client accepts that it was a significant breach of trust and the residents were vulnerable people.
He asked the court to accept that Garcia has never come to garda attention before or since and has “expressed a huge degree of insight” into his offending behaviour.