Former Dublin barrister jailed for three years for theft
A former barrister who stole €235,000 from a businessman by pretending to buy him a warehouse in Co Kildare has been jailed for three years.
Patrick Russell, 57, pleaded guilty to the theft of €215,000 from businessman Paul O’Connell in July 2015. Mr Russell was struck off the bar in 2012 for professional misconduct.
Six further counts were taken into consideration, including the theft of €20,000 from Mr O’Connell and the use of false instruments such as forged deeds from the Property Registration Authority (PRA).
Passing sentence today, Judge Melanie Greally said that Mr Russell had been acting in the capacity of a financial advisor and had built up a relationship of trust with Mr O’Connell.
“He therefore committed a very substantial breach of trust,” the judge said. She added that the crime involved a “considerable amount of pre-meditation and planning” and described Mr Russell’s action as representing “considerable deceit and dishonesty”.
Judge Greally noted that AIB still held on to €215,000 that was stolen from Mr O’Connell and said she hoped that, now the criminal process has been completed, that money will be returned to him.
She acknowledged that Mr Russell had a “limited history of offending, confined to the Road Traffic Act” and that he was a married man with two foster children who continue to support him.
The judge further acknowledged that Mr Russell has a significant cardiac issue that will need “ongoing therapeutic intervention”.
Judge Greally said the case was deserving of a custodial sentence because Mr Russell “had not made tangible efforts” to address the significant loss to the victim, apart from €2,000 which “came at the 11th hour”.
“I therefore have no real reassurance that the the monies will ever be restored,” she continued.
She sentenced Mr Russell to four years with final 12 months suspended on strict condition including that he engage with the Probation Service for 12 months and that the €2,000 be handed over to gardaí for Mr O’Connell.
Judge Greally said she could not accede to a request by the defence to allow Mr Russell some time to get his affairs in order before going to prison.
She said Mr Russell “must have contemplated that there was a distinct possibility” that this would happen, given his previous profession before she referred to the fact that the case had been adjourned a number of times.