A Co Laois grandmother who continued to draw down her father-in-law’s pension for 28 and a half years after his death has been jailed for two years.
Judge Keenan Johnson sentenced Margaret Bergin (73) to five years and six months imprisonment, with the last three years and six months suspended, for the theft of more than €270,000 from the State.
He said that as Bergin had said she spent the money on shopping and food it was the case that her family had benefitted from the crimes but yet had not chosen to sell or mortgage the land it owned to repay the stolen money to the State.
Bergin (73), with an address at Fairfield House, Mountrath, Co Laois, had pleaded guilty to theft and larceny charges relating to her claiming father-in-law John Bergin’s pension after his death in 1993.
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The court was told that €75,000 had been handed over by the family but the judge noted that this still left a shortfall of €191,000. It was vital, he said, that the integrity of the social welfare system was protected and “ironic” that the court had been told Bergin’s only income was the old age pension.
The judge said Bergin had continued to draw down the pension until caught in 2022, when an amateur gerontologist began researching a 110-year-old man supposedly living in Mountrath, Co Laois.
The judge said the fact that Mr Bergin’s death had not been recorded showed there was an element of pre-meditation involved and noted that each year Bergin forged the signature of her late father-in-law so the pension continued to be paid.
When officials from the Department of Social Welfare paid an unannounced visit to Bergin’s home in April 2022, her husband Seamus was found in bed with his shoes on, impersonating his late father and saying he was “deaf and confused”.
When members of An Garda Síochána later visited the house, they found the cheque for €2,540 that had been sent out from Áras an Uachtaráin to mark the late Mr Bergin reaching the age of 100 and the medals he was send each year thereafter.
Judge Johnson said the social welfare system was the cornerstone of a civilised society. It was designed to protect the most vulnerable in society and it was essential that its integrity was protected.
He found it “hard to believe” that other members of the family were not aware of the theft, particularly as Seamus Bergin had impersonated his late father as well as there being other “red flags”.
In pleading guilty, he said, Bergin had allowed herself to be “offered as the sacrificial lamb”, the judge said.
He noted that she had expressed shame and a concern about her ability to cope if sent to prison. In a letter to the court she had said she was frightened and had at times felt like taking her own life. She had also suffered a number of significant health issues, the court heard, and suffered from a “chronic low mood over the last couple of months”.
She had been ostracised by her local community and was confined to the house “as if she was in jail.” A brother and one of her children had cut off all contact.
The judge noted that the family’s 99 acres had been transferred to Bergin’s son in 2018. He said the family had benefitted from the money that was stolen and he “failed to understand” how they had not taken steps to ensure that all of the money stolen was repaid.
Land in Kildare was selling at more than €16,000 an acre last year so the family could have sold 15 to 20 acres to discharge the debt. It was wrong that the family should be allowed to profit from the theft, the judge said.
Bergin, wearing a black coat and black pants, sat at the back of the courtroom during the hearing, mostly with her eyes down.
After sentence was delivered, she walked to the front of the court where she signed a document, showing no signs of emotion. She was then taken away to begin her sentence.
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