A drug smuggler who fraudulently claimed almost €30,000 in benefits for three years when he was living in Lanzarote has been given a chance to avoid a jail sentence.
Gary Mulvany (37), who now lives at an apartment in Summerhill, in Dublin 1, has been convicted of benefit fraud in a prosecution brought by the Department of Social Protection. The offence can result in a fine of up to €2,500 and or a six-month sentence.
Dublin District Court heard he failed to tell the social welfare authorities that from July 2008 until May 2011 he was not living in the country while he continued claiming disability allowance.
Judge John O'Neill was told his fraud came to light after Mulvany was stopped as he stepped off a flight at Knock airport. Customs officers carried out a search and recovered drugs which resulted in him getting a three-year suspended sentence at Castlebar Circuit Court for possessing drugs for the purpose of supply.
As a consequence of that arrest social welfare authorities became aware of his time in Lanzarote, said prosecution solicitor Joseph Maguire.
The court heard he unlawfully received €29,520. He has repaid €3,948 leaving €25,572 outstanding. Some €28 a week is now being deducted from his disability allowance to pay back the social welfare authorities and at the current rate it will take 17 years.
Defence solicitor Brian Keenan asked the court to note that Mulvany has not come to further adverse attention and that a positive probation report had been furnished to the court. Mr Keenan said his client has turned his life around around.
Judge John O’Neill noted that Mulvany had engaged with the Probation Service. He adjourned the case until July for an updated report on the defendant’s suitability for a community service order.
The court heard Mulvany moved to the Spanish island and “did not realise he should have notified the department”. Mr Keenan has also said Mulvany was apologetic for his behaviour. Mulvany had contested the charge but was found guilty of the offences.