A Dublin-based Garda has been fined €3,000 for defrauding a bank out of €600 in an ATM scam.
Garda Raymond Geelan (38) avoided a jail-term after pleading guilty to four counts of deception and a charge of attempted deception in connection with a series of ATM withdrawals.
Dublin District Court heard his modus operandi was a "trick that one could learn" and which could trigger the automatic refunds.
The offences occurred at AIB bank machines in Maynooth, Co Kildare, and in Blanchardstown, Dublin, from March 30th to May 1st, 2013.
Judge Michael Walsh said: "I can only conclude the accused was engaged in a premeditated and preplanned enterprise with the view of making a financial gain for himself."
“His conduct flies in the face of the professional values and ethical standards which would have been expected of him, to always act in accordance with the oath of his office and to always act in accordance with the law,” he said.
He was furnished with testimonials and noted the garda had an unblemished work history, but will now face internal disciplinary proceedings.
Finalising the case, he said had to arrive at a sentence that was fair and proportionate; he spared the garda a jail sentence and imposed the fine which must be paid within six months.
Defence solicitor Dara Robinson told Judge Walsh that Geelan is “the big loser from a series of acts of the most extreme folly” and “it is virtually inevitable he will be dismissed from the service”.
The court heard that on each occasion the deception involved Geelan using his own bank card to withdraw €170 .
Det Superintendent John Keane said Geelan used his own pin code, the requested amount was dispensed in full and compromised three €50 notes and a €20 note. Det Supt Keane said he “manipulated the notes and took €150” and he left the €20 in the machine’s dispensing tray.
“The machine is programmed to automatically retract that money into the retracting tray,” Det Supt Keane said.
“At that time the machine was unable to identify how much money was taken back into the machine. It is flagged as an extraordinary transaction and the full value is refunded to the account,” Det Supt Keane said.
Geelan received refunds with the total amount defrauded coming to €600. He is currently suspended from duty, on three-quarters’ pay. The court heard he is about to become a father and had no previous criminal convictions.
Det Supt Keane agreed Geelan has been a serving Garda for 14 years, has an unblemished record and has not come to further attention.
The bank became aware of the transactions and invited Geelan to give the money back, which he has done, before he was arrested.
Meanwhile, a co-accused, another serving Garda, is awaiting trial at the district court on three deception charges and two counts of attempted deception.
The hearing, which will involve CCTV evidence as well as 25 prosecution witnesses, will take place over two days in January.