Judge likens woman who claimed €270,000 in dead father-in-law's pension to John B Keane character

A Judge likened the ‘bizarre’ case of an elderly Laois woman drawing €271,046 in pension payments for her dead father-in-law who would have been 110-years-old, to something written by John B Keane. 

Judge Kennan Johnson made the comments during the sentencing hearing of Margaret Bergin (73) of Fairfield, Mountrath at a sitting of Portlaoise Circuit Court. 

She admitted to 15 sample charges of theft and larceny arising from pension payments drawn down over a 28 and a half year period from December 31, 1993 and February 25, 2022.

The court was told the defendant had made a number of excuses when the Department of Social Protection tried to visit the 110-year-old but when they called unannounced, officers were brought to a room where a man who was fully clothed and wearing shoes was in bed.

The defendant told them it was the 110-year-old man but they left unconvinced.   

Mrs Bergin was arraigned and pleaded guilty to the sample charges of theft and larceny when arraigned on October 24 last year. 

Detective Garda Peter Crosbie explained that an amateur Gerontologist from Cork, Mr McCoy, learned that there “appeared to be a man living in Mountrath who was 110 years of age.” 

Det Crosbie said the man was “somewhat surprised” and “his suspicions were initially aroused that it might be a matter involving pension fraud.” The man contacted Áras an Uachtaráin with his findings knowing they had records. He said staff at Áras an Uachtaráin then contacted the Department of Social Protection. 

Staff from the Department  in Portlaoise checked the death records and they found no mention of John Bergin, the man who the pension was being drawn down for. 

Prosecution Counsel, William Fennelly BL said it was discovered that John Bergin’s pension was being drawn down by an agent, Margaret Bergin. A local Parish Priest was contacted and he “knew nothing about John Bergin living in the area,” he explained. 

The defendant cancelled an appointment as she said the man was ill, she cancelled another due to a dental appointment and at this point Department officers decided to call unannounced to Fairfield House, Mountrath. 

“She said she would prefer if Mr Bergin wasn’t disturbed,” Det Crosbie said she told the officers. 

However, after a wait at the door she admitted the officers to the house.  They were brought into a room in the house and introduced to a man in a bed, said Det Crosbie. 

“It is alleged that she said, here he is and that he was deaf and confused,” he told the court.  

Mr Fennelly said the officers were unconvinced as the “individual appeared a much younger man” and “in fact, he had a pair of shoes on.” 

Det Crosbie said “he was clothed in the bed and he had a pair of boots on.” 

Mr Fennelly said “they left unsatisfied with what they had encountered.” 

The defendant told the officers that there was no district nurse attending because she was tending to him and was a nurse. 

A subsequent search of gravestones revealed a grave in Clonad in the name of John Jack  Bergin who had died in 1993 at the age of 82. The grave had been overgrown. The death was confirmed by an undertaker who had an old docket book, the court was told.

Mr Fennelly said a search warrant was then obtained for the property on May 10, 2022. Gardaí discovered a bag containing silver coins and a presidential cheque for €2,540. 

Det Crosbie explained that a cheque is issued when someone reaches 100 and “every year after that they issue a centenary coin.”

Det Crosbie said he had been particularly interested in the coins and had asked the defendant about them before they began the search. He produced one of the medals which was recovered and showed it to Judge Johnson. 

“She stated she didn’t know what I was talking about,” he said.

Det Crosbie explained that documentation including fuel allowance forms sent to John Bergin were discovered at the property. 

“These documents were sent back signed by John Bergin despite the fact that he was deceased,” Det Crosbie explained. 

He described subsequent attempts to get the defendant to attend at the garda station for interview as “frustrating” and she had stated that she was unwell. 

“We tried everything in our power to deal with the women voluntarily,” he said. 

She was then detained in September of 2022 and held for interview. “She didn’t deny it. She was cooperative at that stage,” he said. 

“She admitted that it was herself who had signed these documents,”  said Det Crosbie.

“The total amount, and it is still outstanding, is €271,046.28,” he said. 

Judge Johnson asked about the man in the bed. 

“We asked her that during interview and she indicated that it was her husband Seamus,” said Det Crosbie.  He said the woman had no previous convictions.                  

He said the woman told gardaí that she didn’t know when to stop or how to stop after she began drawing the pension.

Defence Counsel Damien Colgan BL said the cheque for the 100th anniversary was never cashed. He said his client had worked for three years as a psychiatric nurse in St Vincents in Portlaoise before her marriage in 1977. 

He read from her interview and noted that when asked about her husband, she had indicated that he had not known anything about the pension. In relation to his being in the bed, he said, “she said she just sprung it on him.” 

“I wish I had never started,” he said she had told gardaí. 

“It just became a habit. There is no-one to tell you to stop”.

Mr Colgan said the woman’s father-in-law had been very ill for three years prior to his death and she had cared for him although she never sought a carers allowance. He had been living with her and her husband at the time. 

He said the woman had described it as a “vicious cycle” and likened it to digging a hole and being unable to dig your way out. 

He said in early 1994 when she went to “sort out” her late father-in-law's affairs there was a sum of money waiting for collection. He said she can’t explain why but she took it and it did help out although he admitted it wasn’t essential. 

“Now we are before the court in these bizarre circumstances,” he said. Mr Colgan said his client has a sum of €35,000 for the court and that she was put to the “pin of their collar” to gather up that sum. 

Judge Johnson said there should be “an algorithm” or some method of identifying such events.  

“It is an extraordinary case that somebody can be 110 and still claiming and that it didn’t ring alarm bells,” said Judge Johnson.  

Det Crosbie said he believed a new check had been introduced for people over ninety as a result of the case. 

Judge Johnson noted that the figure only related to the pension which had been drawn down.  

“There has been a huge sum of money that has been stolen from the taxpayer,” said Judge Johnson. 

He said it “could be upwards of €400,000 in real terms” given the duration of the thefts. He said this was compounded by the fact that somebody was put into a bed to fool officers. He said it is “so bizarre it is farcical” and “it is like something out of John B Keane.” 

He insisted she had to return with a larger sum of money if she wanted to stay out of prison. Aside from the financial element, Judge Johnson noted it was “outrageous” and an aggravating factor that the deceased man’s death wasn’t registered anywhere. 

Judge Johnson ordered that the €35,000 be forfeited to the State. He directed a probation report and a medical report and adjourned the case to October 29 “ to allow a proper proposal” to be put to the court in terms of repayment. 

He said he would require “a lot of convincing” that a custodial sentence is not appropriate. 

“Mr McCoy, the Gerontologist, has to be commended for the great service he did the State,” he added.