Family man involved with ATM theft gang determined to stay out of trouble

Published: Mon 15 Nov 2021, 4:50 PM

Last updated: Mon 15 Nov 2021, 5:05 PM

Eoin Reynolds

A family man with a reputation for doing good work in his community got involved with a gang committing ATM thefts on a "one off basis" and is determined to remain out of trouble for the rest of his life, his barrister has told the Special Criminal Court.

Padraig Dwyer SC told the three-judge, non-jury court that his client, Niall Finnegan, has no relevant previous convictions and "has no truck" with the other men who carried out the theft. He asked the court to consider a non-custodial sentence.

In July Niall Finnegan (39) of Cherry Grove, Cullyhanna, Co Armagh pleaded guilty to possessing or handling e103,000 at The Yard, Tullypole, Moynalty, Co Meath following an ATM theft on 20 August 2019.

Mr Dwyer today (Monday) told the court that Finnegan's family and members of his community had written references for the court. They showed, counsel said, that he is a hard-working family man who is involved with his community, volunteers for the GAA and other groups and shows "exceptional kindness and care" to others.

Mr Dwyer said the crime his client committed was out of character and when interviewed by gardai he cooperated by admitting what he had done. Mr Dwyer added that the court should be satisfied that, "he has no truck with these individuals any more and has not for some time and he intends to remain out of trouble for the rest of his life."

Counsel said that sometimes good people make mistakes and have lapses in judgement and he asked the court to bear in mind that custodial sentences are a last resort. Mr Justice Hunt indicated that in sentencing, the court must also consider deterrents to prevent others committing crimes.

He also told Mr Dwyer that a "light" sentence can be considered unduly lenient and overturned by the Court of Appeal who have, in other cases, imposed longer sentences. He said: "A sympathetic sentence does them no good. It postpones the evil day."

Mr Justice Hunt, presiding, adjourned sentencing until November 29.