A CORK solicitor was concerned about a missing land certificate, Dublin Circuit Criminal Court was told yesterday when a former law clerk who embezzled almost £36,000 was given a 12 month suspended sentence.
However, the President of the Circuit Court, Mr Justice Frank Spain, refused an application by the prosecution to hear evidence from the solicitor, Mr Barry O'Driscoll, about the missing land certificate.
Mr Justice Spain said that there was no charge in the indictment against Siobhan Murtagh concerning this and he could not open it. "I am sure if there is a problem concerning a missing land certificate and if Ms Murtagh feels able to assist Mr O'Driscoll she will do so," the judge said.
Ms Murtagh (38), married, from Kevington Grange, Douglas, Cork, had pleaded guilty last year to 10 charges of receiving bank drafts and fraudulently converting £35,975 to her own use while a clerk of P.J. O'Driscoll and Sons, Solicitors, between October 1990 and October 1992.
The sentence hearing had been adjourned several times to enable her to make restitution. The final instalment had now been paid, the court heard.
The application concerning the land certificate was made by Mr Roy Pearson, from the Chief State Solicitor's Office.
Mr Michael Vallely, defending, objected to the prosecution introducing this mysterious certificate" at this late stage. It was not a factor in any of the charges.
At the original hearing, Det Garda Tony Davis told Mr Patrick J. McCarthy, prosecuting, that Ms Murtagh dealt mainly with conveyancy matters and debt collection. Due to the high standard of her work, she had been given her own office and secretary. However, she had a serious alcohol problem and had accrued large debts. She committed the offences by requisitioning cheques from clients' accounts.
The offences came to light when clients complained to Mr Barry O'Driscoll. He interviewed Murtagh and then initiated a Garda investigation. She made statements of admission.
Mr Justice Spain said it was a very serious offence and one that seemed to him was best dealt with non custodially in the interests of both parties. In this way, Murtagh was able to make restitution to Mr O'Driscoll, and she had now repaid the bulk of the money she had embezzled.
He was aware from the probation report that Murtagh had considerable difficulty in her private life as a result of all this. She had behaved very well since she first came before the court and he felt the best way to finalise the case was by imposing a 12 month suspended sentence and binding her to the peace for three months.