This article is from page 12 of the 2013-02-12 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 12 JPG
TWO men who attempted to have an altered cheque lodged to a bank account in Ennis have received prison sentences.
Ondrej Pollak (23), with an address at 9A Dun na hInse, Ennis, and Peter Sivak (22), with an address at 311 Brookville, Drogheda, Louth, appeared before Ennis District Court last Wednesday.
They pleaded guilty to dishonestly by deception inducing a member of the bank’s staff to accept a fraudulently altered cheque in the amount of € 4800 to be paid to the Bank of Ireland held at Bank of Ireland, Bank Place, Ennis.
The incident occurred at Bank of Ireland, Dunleer, County Louth on May 24, 2012. Detective Garda Claire O’Shaughnessy said the cheque had been altered from its original amount of € 22.50 to € 4800.
The court heard that Ondrej Pollak supplied the account for which the altered cheque was intended while Peter Sivak lodged the cheque in Dunleer.
Both men claimed they had been approached by a man named Tony, to carry out the transaction.
Mr Pollak said Tony requested the use of the account as his own had expired. Mr Sivak said Tony asked him to lodge the cheque in Dunleer.
Both men told gardaí that Tony agreed to pay them each € 100.
Det O’Shaughnessy told the court that gardaí did not find anyone named Tony connected with the case. She said that the accused claimed Tony was either from South Africa or Nigeria. Bank of Ireland discovered the deception and contacted gardaí. No money was removed from the account. Solicitor for Mr Pollak, John Casey, told the court that his client has lived in Ireland since he was 11. He said CCTV captured Mr Pollak checking his balance at the Bank of Ireland after the deception had been uncovered.
Mr Casey added, “He was always going to get caught. It was his account, his address.”
Solicitor for Mr Sivak, Daragh Hassett told the court his client, a Czech National, has lived in Ireland since he was 13. He said the father of two was in difficult financial circumstances when he was approached by Tony.
Mr Hassett said it was indicative of his client’s amateurism that he had signed the bank lodgment slip with his own name.
Judge Patrick Durcan said the men were not hardened criminals. He said their story involved the introduction of a “most curious character named Tony.”He added, “I do not believe one word about the existence of Tony or the responsibility of Tony.” He said the men had engaged in “criminal thievery of the worst kind”.
Mr Sivak received a six month prison sentence. Mr Pollak also received a six-month sentence but had the final two months suspended. Reco gnaces were fixed in both cases in the event of appeals.