A son of controversial Antrim hurling manger, and Clare hurling legend, Davy Fitzgerald was given a fully suspended 12-month prison sentence after he admitted stealing €35,000 from his then employer, Bank of Ireland, to feed his “out-of-control gambling addiction”.
Colm Fitzgerald (28) of Castlequinn, Sixmilebridge, Co Clare, stole the money while employed to be in charge of cash at a cash counter at Bank of Ireland, Shannon Industrial Estate, Shannon, Co Clare, on seven separate dates in 2023.
Fitzgerald, who immediately resigned from the bank after the thefts were discovered during an internal audit, told the bank and gardaí that he stole the cash to sustain a gambling addiction.
Fitzgerald’s barrister, Kenny Kerins, told Ennis Circuit Criminal Court that “steeped in GAA” Fitzgerald, had paid all of the money back with the support and assistance of his family.
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Mr Kerins said Fitzgerald was caught in a “serious” grip of addiction to sports gambling and that he “expressed relief” when the thefts were discovered.
Fitzgerald admitted stealing the cash in bundles of €5,000 on seven separate dates in 2023.
“He was living a life of secrets, he has remorse, he has shame. This young man had everything going well in his life, he was engaged in sport, he had a job, and in seven actions he absolutely destroys his career,” Mr Kerins said.
The barrister told the sentencing hearing last Friday that, before the discovery of the cash thefts, Fitzgerald’s gambling became so serious, the well-known bookmaker chain Paddy Power banned him from betting with them.
“His life was completely out of control, so much so that he sees all this as a positive thing. He sees it as a disengagement from his addiction.”
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Mr Kerins said that when Bank of Ireland’s auditors discovered €35,000 was missing, Fitzgerald prepared a document that would have concealed “his deceit”, but then he “cancelled it almost immediately”.
“He was about to further his criminal endeavour, but he stopped it ... He knew the jig was up, and he came forward, he met bank officials and made admissions, he resigned and met gardaí by appointment,” said Mr Kerins.
“He and his family are steeped in GAA, which was perhaps how he became involved in (sports) gambling. He has great passion for sport and he is still involved in coaching, which is a great pride to him,” said Mr Kerins.
He said Fitzgerald had opened a coffee shop business with his partner in Sixmilebridge, employing four people. He has “taken careful steps” to limit his access to the business’s finances.
Detective Garda Paddy Bourke told the court he believed Fitzgerald did all he could to co-operate with the Garda investigation and has tried to tackle his addiction.
Mr Kerins said Fitzgerald had no previous convictions, engaged in a residential therapy programme, and continues to attend regular meetings of Gamblers Anonymous (GA).
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“He’s not seeking to blame anyone, he developed a low-level gambling addiction which snowballed and got out of control.”
Prosecuting barrister, Sarah-Jane Comerford, accepted Fitzgerald was “suffering from a gambling addiction at the time”.
Judge Francis Comerford said Fitzgerald’s actions were a “significant breach of trust”.
“Gambling is not an excuse for theft, and one should seek help without having to resort to this,” the judge said.
Judge Comerford accepted there was a “somewhat” reduced culpability for people with addiction who “have the compulsion to do this”.
Judge Comerford fully suspended a 12-month jail term for a period of 18 months. He directed Fitzgerald to continue to engage with gambling support services.
“While the amount of money is significant, it would have been more serious if it was someone vulnerable that was preyed upon,” said the judge.
“This was not done for a high lifestyle or to accrue wealth ... it was for a gambling addiction.”
