A man who defrauded his estranged wife of her share of the proceeds of the sale of their house has been remanded on bail for sentence on July 14th.
Alan Fitzsimons (38), of Elmwood, Griffeen Valley, Lucan, pleaded guilty at Dublin Circuit Criminal Court to falsely obtaining €28,394.89, half of which belonged to his separated wife.
Det Garda Danny Kelly told prosecuting counsel, Pádraig Dwyer BL, that when the Fitzsimonses' marriage broke down in October 2000, a bank repossessed their house because mortgage payments were not met.
When his ex-wife attempted to buy a house of her own a year later she discovered that there had been a surplus of €28,394.89 from the sale of their house and that this amount had been lodged with the couple's solicitor by the bank.
Det Garda Kelly said that when she called the solicitor firm she also discovered that it had called her husband to inform him of the surplus and he had arrived with a woman whom he introduced to them as his wife.
This woman obtained the cheque and signed a receipt for it. Fitzsimons then lodged the cheque into his own account and failed to inform his ex-wife.
Marjorie Young BL, for Fitzsimons, said her client has been a gambling addict for the last 10 years. He had spent the money on a trip to Florida with the couple's two children and on a holiday in Blackpool as well as on his ailing mother.
He had since sought treatment for his addiction and worked full-time. He had also joined a credit union with the view to obtaining a loan which he would use to repay his ex-wife. Ms Young said he would make the payments in the next six to nine months.
Judge Hogan adjourned sentence until July 14th to provide Fitzsimons with the time to bring the money into court for the sentence hearing.