A former manager of The Square shopping centre in Tallaght has been given a one-year suspended sentence for taking bribes from cleaning and security contractors. Noel Byrne (54), Avoca Villas, Avoca, Co Wicklow, is also to pay £7,500 to the National Children's Hospital, Harcourt Street, Dublin, by direction of Judge Cyril Kelly at Dublin Circuit Criminal Court.
Byrne was employed by Monarch Properties Ltd as manager of Nutgrove Shopping Centre, Rathfarnham, when he took the bribes.
He pleaded guilty to eight charges of 40 on the indictment that he took bribes from Mr Paul Moran and Ms Stella O'Connell on behalf of Cleanplan Ltd, and from Jaebrade Services Ltd on dates from 1986 to 1991. The total amount in the eight charges came to £6,800.
Sums of £500, £600 and £1,000 were involved, which were to ensure contracts for the companies at Nutgrove and at Janelle Shopping Centre in Finglas. A nolle prosequi was entered on the remaining 32 charges.
Det Garda Denis Heneghan of the Garda Bureau of Fraud Investigation told Mr Shane Murphy BL, prosecuting, that Byrne's job was to advise Monarch Properties on tenders for the contracts. He requested payments from the companies to recommend them.
Det Garda Heneghan said Byrne benefitted substantially from the bribes. There was an exhaustive money-tracing trail to try to discover the route taken by the payments. The first of these were in cash, and later cheques were paid.
Byrne was married with five children. He was manager of The Square, Tallaght, when the matter came to light and he was sacked in September 1992. Monarch called in the Fraud Bureau.
Det Garda Heneghan agreed with Mr Hugh Hartnett BL, defending, that Byrne's health had deteriorated greatly since he lost his job. The State would have had difficulty proving the charges before a jury and Byrne was aware of that when he pleaded guilty.
Mr Hartnett said Byrne was formerly an electrician who rose through hard work to become maintenance supervisor and finally manager of the centres.
He asked for clemency and offered £7,500 in part compensation. He had suffered a stroke, had high blood pressure, heart trouble and diabetes. He was a broken man in health and other ways. He had no previous convictions and jail would be disastrous for him.
Judge Kelly said it was very rare for the court to have to deal with a case under the 1906 Prevention of Corruption Act. Its purpose was in relation to agents seeking inducements in doing their masters' and employers' work.
While his offending had not been fully detrimental to Monarch Properties, he was corrupt and committed white-collar crime. Because of all the circumstances he would not jail Byrne but the court expected a receipt from the hospital for the £7,500 within 10 days.