A former garda who received a suspended sentence after he pleaded guilty to corruption and theft has avoided jail for a second time following a failed bid by the DPP to appeal the leniency of the sentence last year imposed by the courts.
Former Community Garda John O'Halloran, 47, of South Douglas Road in Cork duped a Students Union and a Residents Association in to paying for extra policing services in order to fund his chronic online gambling addiction. In February 2018 he received a two-year suspended sentence at Cork Circuit Criminal Court.
O'Halloran resigned from An Garda Síochána in November 2017 after he pleaded guilty to corruption, theft and fraud offences. He pleaded guilty to 11 sample charges from more than 200 at his arraignment. He set up scams in order to feed his €25,000 a year online gambling addiction.
At his sentencing hearing last year Judge Seán Ó Donnabháin said he was particularly concerned about the corruption charges and the fact that O'Halloran had fraudulently used garda notepaper and the garda stamp to obtain money from a residents association and a students union.
The judge said the manner in which O'Halloran used his position to con innocent people was "scandalous".
Judge Ó Donnabháin said that John O'Halloran had lost his job and his gratuity payment for his actions. He acknowledged that the former garda was under the grip of an "insidious and harmful" addiction.
Factoring in his guilty plea and the fact that he had paid back the money and had sought help for his addiction, he jailed him for two years suspending the entirety of the sentence.
The offences occurred between June 2009 and September 2015 in Cork. During that time, O'Halloran invoiced UCC Students Union for over €7,000 for additional garda patrolling. He also set up personal bank accounts with names like "Neighbourhood Watch" in order to deposit the funds from such activities.
The court heard that O'Halloran sold tickets from UCC's "Summer Evening on the Quad" and kept the cash for his own gain. He also solicited funds for an Old Folk's Party which never took place and kept the money for himself. Around €7,000 was fraudulently obtained for charity related events which was subsequently spent on gambling.
Judge Ó Donnabháin was told that O'Halloran's father died in 2011 but that he continued to spend the proceeds of his work pension which was lodged in to his account.
A confirmation letter had been sent out checking that Mr O'Halloran Snr was still alive and O'Halloran used headed garda paper with a fraudulent signature to pretend that his father was not deceased. He was paid €11,000 over a three-year period which he subsequently repaid.
Det Inspector Fergal Foley said that the former garda was a gambling addict who spent €150,000 on online gambling between 2009 and 2014.
The court heard that O'Halloran had been well thought of within the garda force and the community. He was considered to be a "gentleman." He has lost his marriage and his job arising out of his actions.
The DPP had appealed the leniency of the sentence in the case. At a sitting of the Court of Criminal Appeal in Cork, Chief Justice Mr Frank Clarke said if the DPP had not taken so long in bringing the appeal a revised sentence may have been imposed. Because of the lapse of time in this case, they could not interfere with the original sentence.
The court heard that O'Halloran was making progress with his gambling addiction and was co-operating with the Probation Service. However, Mr Chief Justice Clarke said this was not a precedent and if a similar type case of wrongdoing comes before the court in a timely manner, then there must be a custodial sentence imposed.
The DPP had appealed the leniency of the sentence saying O'Halloran had abused his position for personal gain. The DPP maintained that that the level of corruption involved in the case undermined the public confidence in An Garda Síochána.
However, the defence argued that his was more of a personal crime.
The court heard that O'Halloran has been receiving treatment for his gambling addiction. He has paid back €28,000 to persons impacted by his wrongdoing.
