A "vulnerable" man who pretended to be the biological father of a seven-month-old boy, born to a woman from outside the country, in order to apply for an Irish birth certificate and passport for the child has received an eight month suspended sentence.
Cork District Court heard that the 64-year-old man made the major error of judgement arising out of what the investigating garda and the judge agreed was a misguided sense of "empathy".
Judge Mary Dorgan heard that the partner of the defendant knew the mother of the child who often visited her house.
The mother of the boy told the defendant that if she returned back to her home country she would not be allowed back in to Ireland.
Judge Dorgan said that the man made a "gross error" in making the false claims. However, she said that he had acted out of kindness.
She said that she had found him to be "honest and straightforward".
However, she stated that by putting his name down as the father of the child, he had ultimately "facilitated" the mother of the boy in getting an Irish passport.
"The knock-on effect [of the mother getting an Irish passport] was quite extraordinary, enabling her to bring other members of her family to the country as a result."
The man, who cannot be named in order to protect the identity of the child, previously pleaded guilty that he provided false information at the Civil Registration Office, Adelaide Street, Cork on 29 July 2009 regarding a claim that he was the biological father of the young boy.
He also pleaded guilty to two deception charges related to providing false information at Watercourse Road Garda station in Cork on 29 July 2009, and again at Anglesea Street Garda Station in Cork on 30 June 2012, in relation to passport applications for the child.
Meanwhile, the court previously heard evidence from Detective Garda Mark Hennebry, of the Garda National Immigration Bureau, who said the child was born in 2008 to non-national parents who had arrived in Ireland to study. The mother was not long in the State when the child was born.
No name was recorded for the father of the child when he was in hospital. However, he said on 29 July 2009, the accused - who was not the biological father of the child - presented at the Civil Registration Office to register the birth.
Det Hennebry told Judge Dorgan that the man had made the declarations in spite of being fully aware that "he could not be the father" of the child. He said the man obtained the Irish birth certificate for the child and attended at his local garda station to make a false passport application for the boy.
Det Hennebry said the third charge against the man referred to an application in 2012 for the renewal of the passport for the child. The offences were contrary to the Passports Act of 2008.
Det Hennebry said that the man "cooperated fully" with the garda investigation.
"There is no evidence or financial or other gain by (the man). There is nothing previously against him."
He agreed with the proposition put forward by the defence that the man had acted out of empathy and had nothing to gain from his offending behaviour.
Defence barrister, William Bulman BL, said that there was no suggestion of his client being in receipt of any monies or sexual promises arising out of his actions.
He said that the man had made full and frank admissions and was "deeply remorseful" for his offending behaviour. He appealed for leniency in the case saying that his clients mental health had deteriorated since the offending behaviour came to light.
Mr Bulman said that the mother of the child told his client that if she returned to her own country she would not be allowed back in to Ireland. She also claimed she could be placed in prison in her native country. He added that his client was a "vulnerable" man who acted out of a misplaced sense of kindness.
Judge Dorgan said it was a grave offence as it involved three different offences on three separate occasions and at different locations.
"It is clearly very, very, serious - a number of different occurrences over different periods of time.
"I sense that it has been a huge learning curve [for the man]. It was a gross misjudgment. His motivation came from empathy."
Judge Dorgan noted that the man had voluntarily presented at the garda station on one occasion and was "hugely cooperative" with investigating gardaí.
Judge Dorgan said that in an "extraordinary" turn of events the mother of the child had brought other family members to Ireland after her young son got legitimate status.
She said she was cognisant of the fact that the man had been employed for all of his adult life. However, he has had little choice but to give up work because his mental health has deteriorated significantly since the offending behaviour came to light.
Judge Dorgan jailed the man for eight months suspending the entirety of the sentence for a period of 18 months. A monetary fine of €500 was also imposed in the case.
