Suspended two year sentence for Donabate man who allowed account to be used for ‘criminal activities’

Dublin Circuit Criminal Court.

July 22 2022 08:50 AM

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A Donabate man has been handed a two-year suspended jail sentence after admitting that he received €1,000 to allow his bank account to be used for criminal activity by someone he met at a pub.

William Scully (49) of Strand Road, Corballis, Donabate pleaded guilty to possession of the proceeds of criminal activity at EBS Main Street, Swords on March 1, 2019.

He also faced a charge of possessing cannabis plants for cultivation at Carthy’s Caravan Park, Strand Road, Corbailis, Donabate on September 4, 2019.

Judge Martin Nolan said it seemed unlikely that the defendant was the author of the scheme in which the victim lost €5,000.

Judge Nolan imposed a two-year sentence on the charge of possession of the proceeds of criminal activity, with the second charge taken into consideration.

Judge Nolan suspended the sentence on the condition that Scully is of good behaviour and enters a bond to keep the peace.

Garda Sergeant Warren O’Sullivan told Dublin Circuit Criminal Court that the victim spotted an ad online offering a JCB teleporter for sale in late February or early March 2019.

He rang the contact number and spoke with someone who identified themselves as John Scully.

The victim later received an email with information about how to make a payment and paid €5,000 to an EBS bank account.

He contacted gardai when the vehicle was not delivered and he could not contact the seller.

The EBS bank account used was in the defendant’s name while a different name and email address were linked to the account used for the online ad the court heard.

On September 4, 2019 gardai searched Scully’s home and found nine cannabis plants with a value of €7,200. A CV in the name of ‘John Scully’ was also found.

Scully told gardaí at the scene that he bought cannabis plant seeds.

Following his arrest, Scully said a man at the pub offered him €1,000 to use his bank account, but declined to give more information.

Judge Nolan asked Sgt O’Sullivan if he believed Scully knew the name of this person. Sgt O’Sullivan said Scully may know more but was “not an experienced fraudster” in his view.

Scully has nine previous convictions, primarily for public order and road traffic offences.

Sgt O’Sullivan agreed with Katherine McGillicuddy BL prosecuting, that Scully had not retained the money.

No victim impact statement was made however, Sgt O’Sullivan said the victim was concerned about the financial loss.

Sgt O’Sullivan agreed with Patrick Jackson BL, defending, that Scully had been co-operative and made admissions.

Scully’s phone was seized during the search and no other devices were found in his home.

Mr Jackson said it appeared Scully was chosen by a third party because his life is a “sad one”.

The defendant lives alone with his dogs and is a father of two.

Scully had worked in a variety of roles and is completing a computers course.

Scully has issues with alcohol and was badly affected by the death of his sister.

Judge Nolan said he considered it “unrealistic” to expect Scully to be in a position to repay the victim while facing “his own battles”.

Judge Nolan ordered the destruction of the cannabis plants.

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