Three brothers who were part of a cross-Border gang that stole an “eye-watering” amount of money from ATMs have received combined jail sentences of nearly 20 years at the Special Criminal Court.
They had all pleaded guilty to being part of a gang that used stolen diggers, trailers and SUVs to rip ATMs out of the walls of premises in Cavan, Meath and Monaghan between 2018 and 2019.
The gang was eventually foiled in August 2019 when specialist gardaí pounced on the attempted theft of an ATM in Virginia, Co Cavan, by ramming a stolen SUV the raiders were using.
On Friday, Stephen, Gerard and Ciaran Duffy were present in the three-judge court to be sentenced.
Mr Justice Tony Hunt said gardaí had obtained intelligence about the "mysterious" raids and that the court had gained a "broader picture" of a crime organisation carrying out the thefts. However, he said that the court could only sentence the three brothers on the charges before the court.
Mr Justice Hunt said there was “significant planning and organisation” involved in the thefts of the ATMs, which left rural communities in fear of criminal organisations, in a situation where those areas were already losing ATM machines.
He said “eye-watering” amounts of money were involved in gang’s thefts and expressed “surprise” that the brothers would be involved to such an extent in criminality, given their work history and economic standing.
All three men had received certificates of good character from authorities in Australia from their time working in construction there and also had positive personal and work testimonies handed into the court, the judge said. In addition, he said, all three brothers had qualifications in construction to their name.
Fiona Murphy SC, prosecuting, had previously told the court that gardaí estimated that the total amount stolen over the five successful ATM thefts was €790,000.
Guilty
The brothers are among five men charged before the non-jury court in relation to a Garda investigation into the theft of an ATM in Ballybay, Castleblayney, Co Monaghan, in April 2019 and the attempted theft of an ATM in Virginia, Co Cavan, in August 2019.
Mr Justice Hunt said that in the cases of Ciaran and Gerard Duffy, the maximum term of imprisonment was 15 years but he identified 11 years’ imprisonment for both men as a headline sentence. He gave both men a 20 per cent discount on that headline sentence, reducing their sentences to eight years and nine months each, adding that the court would further take rehabilitation into account and suspend the final year of each sentence.
The judge also rejected Stephen Duffy’s claim that he was only a spotter for the operation, saying this accused “knew well what he was at” and that his involvement in the case before the court was not “limited to the aftermath” of the foiled Virginia robbery.
In December, Gerard Duffy (31) of Greagh, Loughnamore, Co Monaghan, pleaded guilty to the attempted theft of an ATM at the Riverfront Bar & Restaurant, Main Street, Virginia, Co Cavan, on August 14th, 2019.
He had been charged with the attempted theft of the ATM and its contents for the benefit of, at the direction of, or in association with, a criminal organisation, contrary to Section 73 of the Criminal Justice Act 2006. He received a sentence of eight years and nine months, with the last year suspended.
Ciaran Duffy (29) of the same address, pleaded guilty to participating in criminal activities while in a Toyota Avensis at Tullypole, Moynalty, Co Meath on August 20th, 2019, by participating in the movement of cash on behalf of a criminal organisation.
He also pleaded guilty to attempting to commit an offence under the Criminal Justice (Theft and Fraud) Act by attempting to steal the ATM and its contents at the Riverfront Bar & Restaurant.
Ciaran Duffy also pleaded guilty to participating in or contributing to the possession of cash at Tullypole, Moynalty, on August 14th, 2019, intending to facilitate the commission of an offence by a criminal organisation. He also received a sentence of eight years and nine months, with the final year suspended.
Stephen Duffy (35) of Tullynahinera, Castleblayney, Co Monaghan, pleaded guilty to possessing cash at The Yard, Tullypole, Moynalty, Co Meath, on August 20th, 2019, in association with a criminal organisation.
His involvement was limited to handling the money after the attempted ATM robbery and he received a sentence of four years and nine months, with the final nine months suspended.
In November, Niall Finnegan (39) was jailed for four and a half years with the final 18 months suspended for possessing cash, which was the proceeds of the ATM thefts carried out by the gang.
Finnegan of Cherry Grove, Cullyhanna, Co Armagh, pleaded guilty in July at the court to possessing or handling €103,000 at Tullypole in August 2019.
A fifth gang associate, three-time All-Ireland club championship winner Daniel O’Callaghan (32), of Monog Road, Crossmaglen, Co Armagh, is to be sentenced by the Special Criminal Court on Monday.