A Laois woman who falsely claimed her dead father-in-law’s pension for over 28 years has had her sentencing case adjourned until October.
Margaret Bergin, 73, with an address at Fairfield House, Mountrath, Co Laois, appeared at Portlaoise Circuit Court.
The court heard that Ms Bergin had been claiming John Bergin’s pension for 28-and-a-half years after his death, to the value of €271,046.28.
Judge Keenan Johnson said the matter was “most unusual” and was only uncovered after an amateur gerontologist carried out research in 2022 in relation to a man in Mountrath who was 110 years of age.
The court heard the researcher was surprised he never heard of him and his suspicion was aroused that it might be pension fraud and so he contacted Áras an Uachtaráin to enquire about records.
Giving evidence, Garda Peter Crosby said Áras an Uachtaráin keeps a register of people after they reach 100 years of age and issues a centenary coin every year after their 100th birthday.
The court heard the Department of Social Protection was contacted and it was determined a visit should take place.
It heard the local welfare office began enquiries but could not find a notice of death for John Bergin in November 1993.
The court heard that Margaret Bergin was the authorised agent to withdraw John Bergin’s pension and that a series of attempts were made to arrange a visit to him.
Garda Peter Crosby told the court that Margaret Bergin deliberately attempted to dissuade welfare officers from carrying out an inspection.
Prosecutor Will Fennelly told the court that in April 2022 welfare officers went to Fairfield House to visit Mr Bergin and were left waiting and were told by Ms Bergin that he did not want to be disturbed.
He said that after a wait they were introduced to a man in bed who had a pair of shoes on.
Garda Crosby told the court Ms Bergin said: “Here he is, he is deaf and confused.”
The court heard the welfare officials said the man in the bed was much younger than Mr Bergin and bore no resemblance to him.
It also heard that after the visit one of the welfare officers visited a local graveyard and found the grave for Mr Bergin and his late wife.
Garda Crosby told the court that a scenes of crime photographer subsequently visited the graveyard and found the grave, while the undertaker for the funeral had an old docket with details of his death.
Garda Crosby told the court that following a search warrant to carry out a search they found a bag with silver centenary coins, a presidential cheque for €2,540, and An Post receipts for the State Pension, as well as mass and memorial cards.
He said Ms Bergin had been invited to attend the garda station but in September 2022, despite her mature years, he was left with no option but to arrest her at home.
Garda Crosby told the court she was co-operative when he went through the stages of the investigation and evidence including pension documents, the commemorative coins and photos of the grave.
He said she did not deny it and admitted she had signed the documents.
The court heard that losses sustained by the Department of Social Protection were to the value of €271,046.28 from claiming the State Pension.
Garda Crosby told the court that Ms Bergin said it was her husband Seamus that was in the bed when the welfare officers visited, that she had no previous convictions and co-operated in the interview, but to get to that stage was frustrating and difficult.
He said when interviewed she said she did not know how or when to stop, she accepted all exhibits and that the president’s cheque for John Bergin was never cashed.
In the court, Garda Crosby opened the evidence bag in the Judge’s presence to show the centenary coins describing it as a “quite unique item”.
The court heard Ms Bergin was her father-in-law’s sole carer, that there was no record of a claim for a carer’s allowance or a medical card, that farming was not going well, there were bank loans and the mortgage.
Ms Bergin’s defence Damien Colgan put it to Garda Crosby that she had “dug herself a hole she couldn’t get out of,” and maintained her husband knew nothing about what she had done.
He also said if this had gone to trial it would have taken much longer.
Judge Johnson said that it was an “extraordinary case” that someone claiming a pension at 110 years of age did not ring any alarm bells.
Garda Crosby replied by saying he believed changes have now been made for people over 90.
Mr Colgan told the court Ms Bergin took money when she should not have and does not know why; she did not need the money, but it helped.
He said she had €35,000 available for restitution for this matter, and he requested that the Judge consider a probation report, citing poor health.
He said: “When she woke up and smelt the coffee she co-operated fully.”
Judge Johnson said that a huge sum of money was “stolen from the taxpayer” over a period of time and the re-value now is considerably more, likely to be upwards of €400,000.
He said the case was “farcical” and there “has to be restitution”, adding she must come back with a better offer than €35,000.
“To send a 73-year-old lady to jail is not something I take lightly,” he said but added that it is a huge sum of money.
Judge Johnson said Mr Bergin’s death does not seem to be registered, and subsequent to his death he kept drawing his social welfare, adding it seemed to be pre-meditated and calculated.
He said a “clear and conscious effort” was made to conceal his death at a massive loss to the state.
He said €35,000 is not enough and he would adjourn for a proper restitution to be raised.
He also said it would take a lot of convincing that a custodial sentence should not be imposed given the level of deception, but he would take into account that she had no previous convictions.
He also wanted it put on record that Mr McCoy the amateur gerontologist “has to be commended for service to the State for uncovering this”.
Judge Keenan ordered Ms Bergin to pay €35,000 by 21 June and adjourned the case until 29 October for sentencing.
