A mother-of-four on trial for unlawfully obtaining almost €30,000 in social welfare payments has claimed her drunken Las Vegas wedding was just “a bit of fun” and she did not know it was legal in Ireland.
Hearing the case at Dublin District Court, Judge John Brennan compared it to the 2009 comedy film The Hangover about the misadventures of a group of men at a bachelor party.
Michelle Burke (39), from Cappagh Road, Finglas, Dublin 11 is being prosecuted by the Department of Social Protection.
The total alleged fraud was €29,773 and it was the prosecution’s case that she got married and failed to notify the department while claiming the one-parent family payment between November 2010 and August 2012, which she denies.
On €317 weekly
The trial heard she had been in receipt of the payment since 1997.
Social welfare inspector Helen O’Reilly told prosecuting counsel Gareth Robinson the accused was getting €317 a week. Only people who have children but do not have the support of a partner were eligible. However, if they got married or entered into a civil partnership their entitlement ended.
She told the trial that in 2011 and in 2013, reviews were conducted and Ms Burke was sent forms inquiring if her circumstances had changed but she signed declarations that she had not married and neither was she living with a partner.
However, the social welfare inspector told Judge John Brennan there was a suspicion she may have been cohabiting with a partner. An investigation commenced and the inspector was able to obtain a copy of a marriage certificate from the United States which confirmed Ms Burke married her current partner on November 6th, 2010, at the Holywood Wedding Chapel, Las Vegas, in Nevada.
The court heard the marriage was recognised in Ireland.
Group of 16 or 17
Her payment was stopped and she was interviewed but told the inspector she did not think that the marriage was legal. She also said her partner, who was not the father of her children, paid tax and then lived at a different address in Dublin.
In the witness box, Ms Burke claimed she had gone to America for a few days with a group of 16 or 17 for a 30th birthday party for her brother’s friend and stayed at the Stratosphere Hotel.
Questioned by her barrister about the marriage ceremony she claimed “we just thought it was funny” and it was for “for a laugh”.
“I honestly didn’t think it was legal,” she said.
Asked why she did not remember much about the ceremony, she replied, “because we were drunk”.
Judge Brennan commented that either the Hangover 1 or Hangover 2 film came to mind while the defence counsel remarked that it reminded him of some sitcoms. The judge said it was a serious matter as he adjourned the case to May.