This article is from page 14 of the 2013-01-22 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 14 JPG
AN ENNIS man who paid for a tumble dryer and a holiday to Wales using a credit card that did not belong to him has been fined € 500.
James Galbraith (45), with an address at 1 Lissaniska, Claureen, Ennis, appeared at Ennis District Court on Wednesday. He pleaded guilty to two charges of deception arising out of purchases made at two businesses in the town on May 29 (2012).
The court heard that on the day in question Mr Galbraith purchased a tumble dryer from an electrical appliance store in Ennis.
Inspector Tom Kennedy explained that the item was paid for using a credit card that did not belong to Mr Galbraith.
He explained that Mr Galbraith’s friend gave the credit card details over the phone to the shop in order to complete the transaction.
On the same day, Mr Galbraith entered a travel agency in Ennis and purchased a mobile home holiday in Pembrookshire, Wales costing € 946.
The court heard that the transaction was again completed by Mr Galbraith’s friend phoning in the credit card details to the shop.
Insp Kennedy said there was no link between the accused and the owner of the card. He said the card owner reported the matter to gardaí and Mr Galbraith was subsequently tracked down.
The court heard that Mr Galbraith has one previous conviction for a public order offence. Defence solicitor John Casey said his client had been owed money by his friend who is living in England. He said there was some difficulty with the repayment of the money so the friend told Mr Galbraith he could purchase goods using the credit card.
Mr Casey said his client was “totally unaware” there was anything wrong with the credit card. He said there had been no element of subterfuge and that the businesses involved knew who Mr Galbraith was and where he lived.
“Mr Galbraith never had a hope in hell of ever getting away with this”, Mr Casey added.
Mr Casey said his client had brought compensation of € 1300 to court to repay the injured party.
Asked by Judge Patrick Durcan if he believed there was a “certain innocence” on the accused’s part, Insp Kennedy said he could not accept that version of events.
He said that investigators working on similar deception cases had told him that such offences are “usually joint enterprises.”
Insp Kennedy said he would have “misgivings” about people who said they are innocent in such cases.
Judge Durcan said that while he accepted what Mr Casey said on his client’s behalf, he did not accept that Mr Galbraith was “totally innocent”.
He added, “This type of conduct was foolish in the extreme and reckless.”
Judge Durcan imposed fines of € 250 in respect of each charge.