Courts

Man accused of drawing dead mother’s pension for 16 years

Brian Bobey (61) accused of stealing about €160,000 at post office after mother died in 1997

Brian Bobey (61), is accused of stealing sums of money, property of the Department of Social Protection, at Errigal Road Post Office in Drimnagh in Dublin between 1997 and 2013. File photograph: Bryan O’Brien/The Irish Times

Tom Tuite
Fri Jul 3 2015 - 17:44

A Dublin man is to face trial accused of stealing about €160,000 by fraudulently drawing his dead mother’s pension for 16 years.

Brian Bobey (61), appeared before Judge Michael Walsh at Dublin District Court on Friday on multiple theft charges.

He is accused of stealing sums of money, property of the Department of Social Protection, at Errigal Road Post Office in Drimnagh in Dublin between 1997 and 2013.

It is alleged Mr Bobey, of Walkinstown Parade, Dublin 12, continued drawing his mother's pension after she died in 1997, state solicitor John Forde told the court.

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The accused had been entitled to withdraw the money on behalf of his mother prior to her death, the court heard.

The DPP has directed that the case should be dealt with at the higher level in the Circuit Court, which has tougher sentencing powers.

Sample charges

Mr Forde said there were 34 sample charges in the book of evidence and the sum involved was €158,000.

Defence solicitor Paul Byrne said the amount allegedly involved could be as much as €180,000, adding that due to the allegation of fraud it was not a necessarily straightforward case.

He asked the court to grant legal aid to allow his client to have representation of junior and senior counsel.

He said the case will be dealt with at the Circuit Court, which can impose a more severe sentence, and his client would benefit from advice of senior counsel.

Book of evidence

Judge Walsh said that could be decided by the trial judge and the book of evidence was served on Mr Bobey.

Judge Walsh then made an order sending him forward for trial to the Dublin Circuit Criminal Court, where he will face his next hearing on July 24th.

He warned the defendant that if he intended to rely on an alibi in his defence he must give the details to the prosecution within 14 days.

Mr Bobey said “yes” when asked if he understood.

The judge ordered the prosecution to hand over copies of any video evidence to the defence.

There was no objection to Mr Bobey remaining on bail.

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