Suspended sentence for Tipperary man who led his victim on ‘very merry dance’

A Templemore man has been given a suspended sentence at Thurles District Court for a car-sale-scam where he led his victim on a “very merry dance”.

David Fogarty (27) of Park Killea, Templemore, was charged with three counts of making gain or causing loss by deception, contrary to Section 6 of the Criminal Justice (Theft and Fraud Offences) Act 2001, at a place unknown on February 12, 26 and 9, 2021. 

Sergeant Tom Hanrahan told the court that the injured party purchased a Range Rover from the defendant and paid a €500 deposit. 

They were waiting for the vehicle to be delivered when the defendant contacted them, claiming on two occasions, the car needed repairs and asking for money for parts. 

The injured party paid for the parts “in hopes the vehicle would arrive” but it did not. Sgt Hanrahan said this was part of a "litany of charges” against the defendant. 

The solicitor acting for the defendant said his client had paid €1,800 in compensation to the injured party.
He said that at the last sitting, the judge had said they would consider a “certain course of action” if the compensation was paid.

However, Judge Marie Keane said it was clear from the victim impact statement that the injured party was “led on a very merry dance by the defendant”.

She went on to say that the defendant continued the deception by sending the victim pictures and updates.

The injured party had to buy another vehicle and was at the loss of the money previously paid until the compensation was received.

Judge Keane said the defendant was facing “very serious charges" and asked why it had taken three years to pay the compensation, especially when the defendant has a business with three employees. 

The solicitor for the defendant said this offence was “part of a broader picture” and there were others to whom the defendant owed money.

Judge Keane responded:

“This is all part of an extensive web of deception on the part of the defendant”.

The judge imposed on the defendant a six-month prison sentence suspended for two years for one count.

The judge took the other two counts into consideration.

Judge Keane told Mr Fogarty: 

“Be in no doubt Mr Fogarty, you will serve his sentence if you come to any attention in the next two years.”