Longford District court defendant who showed ‘naivety and stupidity’ avoids conviction

A Brazilian man who used a fake passport to get a PPS number came to State notice when his Pandemic Unemployment Payment application was found to be fraudulent.

Kevin Almedia Da Silva faced five counts of stealing property, that is payments of €1,200 the property of the Department of Social Protection, between April 6 and May 25, 2021 at Bank of Ireland, Ballina Mayo.

Mr Almedia Da Silva, of 26 Thomond Lodge, Ballymahon also faced charges that on January 11, 2018 at the Department of Social Protection, Castle Road, Ballina he used a false instrument (a passport) to obtain a PPS number and possession of a false instrument (a passport) on February 26, 2021 at 3 The Mews, Moyvale, Ballymahon.

Sergeant Conor McShane outlined the details of the offences the defendant was charged with before Judge Bernadette Owens accepted jurisdiction. State witness Garda Jim Donaldson, who is on secondment to the Department of Social Protection, outlined details of the investigation to the judge.

Garda Donaldson said he arrested the defendant in May of '23 following his investigation into the matter of false PUP payments paid to the defendant's Ballina Bank Of Ireland account. The defendant received payments totalling €2,400 under the PUP scheme, but because he used a false Spanish passport to obtain a PPS number he was not entitled to the State subvention.

Solicitor Frank Gearty stated that his client had entered a plea of guilty from an early stage and had co-operated at all times. Mr Gearty said there was a “common trait” to such prosecutions where Brazilian employees in the Irish meat industry had used fake European documents to get PPS numbers, but industry closures during the pandemic brought them into contact with the Department of Social Protection.

Mr Gearty said if his client had obtained a genuine PPS number from the outset he would have been entitled to the PUP payment. Mr Almedia Da Silva, who is originally from San Paulo in Brazil, arrived in Ireland in 2018. His father worked in a meat factory in Cavan and the defendant had completed his second level education in Ballyjamesduff.

Mr Gearty said he “unwisely took the advice of a friend” and used a fake passport to get work immediately on finishing his second level education. The solicitor said Mr Almedia Da Silva is still working in the meat industry and supports his partner and his child who has special needs.

Mr Gearty said: “Although his circumstances are very tight my client could make a donation of €1,000 to a charity if there was a way to avoid a conviction to his name. He has provided a service to the State throughout his working life. It was his own identity, just a different nationality.”

Judge Owens was told the defendant had no previous convictions. In her assessment of the offence the judge said Mr Almedia Da Silva had shown “naivety and stupidity” in obtaining the false PPS number, however she said his work history and cooperation would be to his favour.

The judge said she would accept the donation of €1,000 to Lus na Gréine and strike the matter out, but wanted the defendant: “You won't get this opportunity again.”