A judge has described as “extraordinary” and “difficult to accept” the assertion that a Co Laois grandmother who continued to draw down her father-in-law’s pension for 28½ years after his death – resulting in a loss of over €270,000 to the State – was the only person in her family who knew about the offending.
Margaret Bergin (73), with an address at Fairfield House, Mountrath, Co Laois, previously pleaded guilty to theft and larceny charges relating her claiming of father-in-law John Bergin’s pension after his death in 1993, equating to a total loss to the State of €271,046.28.
At a sitting of Portlaoise Circuit Criminal Court on Tuesday, Judge Keenan Johnson, noting that Bergin’s husband had sat in bed when she introduced him to social welfare officials as the deceased Mr Bergin during an inspection at their home, and noting the amount of correspondence – including from Áras an Uachtaráin – sent to the late Mr Bergin, said it was “difficult to accept” that Bergin was the only person in her family who knew about the offending.
The court previously heard that Bergin’s offending was only detected after an amateur gerontologist began researching a 110-year-old man supposedly living in Mountrath, Co Laois.
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Damien Colgan SC, for Bergin, said that his client – who was the authorised agent to draw down Mr Bergin’s pension – maintained that she was the only person involved in the offending.
As compensation for her offending, a contribution of €35,000 was made available to the court at a previous hearing in June. Mr Colgan said that Bergin’s son had sourced a further €40,000 by way of a bank overdraft.
Mr Colgan said that there was “just no other monies available”, and said his client could pay €50 of her weekly pension as further compensation.
Mr Colgan said that Bergin likened her offending to digging a hole in interviews with gardaí. “The longer you left it, the deeper you were in ... I wish I never started,” she said.
Asked by gardaí why she started the offending, she said: “It had just become a habit ... There was no one to tell you to stop.”
She told gardaí that she spent the pension money on “mostly shopping and food”.
Mr Colgan said that his client is “struggling to live” with feelings of embarrassment and shame arising from her offending, that her family have been “shunned” within their community, and that some members of her family have stopped speaking to her.
Mr Colgan said that medical reports handed into the court show that Bergin is “frail” and “medically challenged”. He also noted that his client had submitted an early plea of guilty to the charges, and was remorseful.
Adjourning the case, Judge Johnson said he would give his judgment on the case on Friday.
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