A WELL-KNOWN former garda who duped a number of people in his local area into lending him over €50,000 received a prison sentence of two years with the second year suspended at Wexford Circuit Criminal Court.
Noel Fitzhenry (46) with an address at Springmount, Rathnure had appeared before Judge Barry Hickson at the circuit court on Monday week last when the facts of his case were heard.
Garda Supt. Willian Carolan outlined the facts of the seven counts of theft against Fitzhenry, stating that in a number of cases the defendant obtained sums of money ranging from €300 up to €20,000 by telling the lenders that his wife was terminally ill and needed to go to the USA for an operation.
Victims of the defendant’s theft included two local publicans, a company director, a 94-year-old bachelor farmer and another local farmer. None of the money was recovered but the family of the defendant had gathered together a sum of €7,500 as a token of compensation.
The 46-year-old comes from a large and well-respected family and had four children. He is the brother of All Star hurler and All Ireland winner Damien Fitzhenry. He had no previous convictions.
In mitigation, defending barrister John Walsh said that his client had been under severe financial pressure at the time of the incidents and could not honestly explain why he did what he did. He said his actions were borne out of depression and feeling that he couldn’t manage the pressure.
Mr. Walsh explained that when his client was telling the story of his wife having cancer that at the time he actually believe it himself. He said that he had lost his position and his reputation but was grateful for the support of his wife and family.
Handing down the sentence of two years, with the second year suspended, Judge Hickson remarked that the offences had taken place over a period of three years with the money stolen from people who were friendly with him and respected him.
He added that Fitzhenry was not the only person to fall into financial difficulties but commented that like many others he had lived beyond his means, betraying the trust that people placed in him. He added that the defendant had no hope of giving the money back.
He acknowledged the calamity faced by the Fitzhenry as a result of the defendant’s involvement in these offences.
Judge Hickson sentenced the defendant to two years in prison on each of the first three counts with the sentences to run concurrently. He suspended the second year on each count and entered a nolle prosequi on the remaining counts.