Great grandfather living in Clare spared jail due to 'suffering' as a child in care

A judge said he was not going to send a 78-year-old great grandfather to prison for “bad cases of professional burglary” as he “suffered an extraordinary wrong as a child in the care of the State”.

Edward (aka Paddy) Brennan, aged 78, of Grianan, Westbury, pleaded guilty to two burglaries, at Dingle Oceanworld Aquarium on April 22, 2019, and Loftus Maher & Co Accountants, Courtfields Commercial Centre, Raheen on June 13, 2019.

Limerick Circuit Criminal Court heard at a sentencing hearing in February how manhole covers were lifted, phone lines cut, surveillance conducted, alarms pulled off walls and CCTV cameras were tampered with.

Andrew Sexton SC, barrister for Mr Brennan who has a number of previous convictions for burglary and breaking and entering, said his client ended up in Letterfrack (an industrial school for young boys).

“He was a victim,” said Mr Sexton, who handed in reports and a letter from Mr Brennan to the judge.

Counsel said when Mr Brennan was a child, his father suffered a grave injury and if that hadn’t happened his client could have been his apprentice.

“He got into trouble, ended up in Letterfrack and went down a road that led to a, b and c,” said Mr Sexton.

Judge Sheehan adjourned sentencing until March as he said he was “going to think about this”.

He described the crimes as “bad cases of professional burglary”.

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When the case was back before him, Judge Sheehan imposed a three-and-a-half year prison sentence and a one-year sentence on Mr Brennan to be served consecutively for the two burglaries. Judge Sheehan suspended the jail sentences in their “entirety”.

“It is truly exceptional for a number of reasons. Time has passed - he hasn’t come to adverse notice. He is an elderly man. It is not in society’s interest to suffer imprisonment given what he suffered in Letterfrack,” said Judge Sheehan.

Judge Sheehan also gave judgement on a co-accused and son-in-law of Mr Brennan - Brendan Wallace, aged 62, of Fernleigh, Westbury.

He pleaded guilty to burglaries at Loftus Maher & Co on June 13, 2019; Mercy Mounthawk School, Tralee on November 20, 2015 and Marist College, Athlone on February 8, 2013.

Brian McInerney SC, who represented Mr Wallace, told Judge Sheehan in February that his client “won’t be back before the courts”.

Mr Wallace has previous for larceny, handling stolen property, assault, affray, possession and production of an article, and in relation to an illegal money-lending operation.

“Today can be marked as his official retirement,” said Mr McInerney.

Counsel said in none of the offending is there any engagement with anybody or was any person put in fear.

Mr McInerney asked Judge Sheehan to structure a sentence in which “the interests of justice can be reflected”.

“He won’t be back before the courts. Today can be marked as his official retirement. He is a grandfather who takes care of his family. He is in a different place than where he was,” said Mr McInerney.

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Judge Sheehan imposed a three and a half year jail sentence with the final 18 months suspended; three and a half year jail with the final 18 months suspended and a three and a half year jail sentence with the last 24 months suspended to be served concurrently for the three burglaries.

Mr McInerney broached the subject of fully suspending Mr Wallace’s sentences.

Judge Sheehan said: “The offending behaviour is so serious that it would be an error to suspend it. His co-accused (Mr Brennan) has suffered an extraordinary wrong as a child in the care of the State”. The judge said they were “truly exceptional circumstances”.