A Kilrush family ‘lost’ their family home over an initial loan of €8,000 taken out with an unlicensed money-lender in the west Clare town.
That is according to evidence heard at Ennis Circuit Court where Det Garda Donal Corkery said that the Gilligan family in Kilrush sold their family home for €40,000 to the late Patrick Casey Snr over an initial loan of €8,000 given to Michael Gilligan by Mr Casey’s daughter, Diana.
In the case, Diana Casey (35) of Wood Rd, Kilrush and Patrick Casey Jnr (29) of Beverley Hills View on Quay Rd in Kilrush have pleaded guilty to money lending without a licence in Kilrush.
Det Corkery said that Diana Casey approached local man, Michael Gilligan in and around 2010 offering a loan after hearing that he was due a compensation payout from a road traffic accident.
Ms Casey provided Mr Gilligan with a loan of €8,000 and was seeking back €16,500 back in total that included €8,500 in interest.
Mr Gilligan left for England with the loan unpaid and according to Det Corkery, Ms Casey approached Mr Giligan’s father, John in February 2012 over paying back his son’s loan.
John Gilligan told Gardai in a statement read out in court “Diana Casey came to my house on St Patrick’s Terrace and she told me that I had to pay back €16,500 in loan and interest and it was my responsibility to pay back the loan. I told her the only way I could pay the loan back was if I got rid of the house”.
Mr Gilligan said that Ms Casey would speak with her own family about it and that it was agreed that Ms Casey’s late father would buy the Gilligan house for €40,000.
Mr Gilligan received €40,000 from Mr Casey and as part of the deal, John Gilligan paid back €16,500 in the loan amount and interest to Ms Casey from the €40,000 sale.
In his statement to Gardai, John Gilligan said: “The only reason I paid over the money was that I was in fear of the Caseys, especially Diana and what they could do to my family.”
After hearing an outline of the facts, Judge Gerald Keys said that he wants to know the valuation of the house today.
Judge Keys said that this is a case of someone charging excessive rates of interest on loans “and going to somebody who didn’t even lend them the money and forcing them or putting pressure on them to sell the house”.
Det Corkery said that the former Gilligan house is in the name of the deceased Patrick Casey Snr “and there is an investigation by the Criminal Assets Bureau (CAB) in relation to this matter”.
Det Corkery said that arrests were made in the money lending case after a year long operation by the Gardai.
Det Corkery said that Diana Casey is a street trader and has three properties in her name.
Counsel for Diana Casey, Patrick Whyms BL said that what she has pleaded guilty to is a regulatory offence.
Mr Whyms said that there are no charges concerning rates of interest or threats or intimidation.
Mr Whyms said that the CAB opened an investigation into the estate of Patrick Casey Snr concerning the suspicion of a significant underpayment of tax when Mr Casey was alive.
Mr Whyms said that Diana Casey “is not being investigated by CAB and has never been investigated by CAB and the CAB investigation has nothing to do with this case”
Mr Whyms said that the only direct interaction Ms Casey had with CAB was assisting them with CAB’s investigation into her father’s estate.
He said: “They wrote a letter to her in which they suggested to her that the inheritance tax that she paid might have been slightly too low – my client paid in excess of €30,000 and CAB was agitating for a figure for €36,000.
Det Corkery agreed with counsel for Patrick Casey Jnr, Lorcan Connolly BL that Mr Casey Jnr has no trappings of wealth and the detective said “I don’t believe we will see him before the court again”.
Mr Connolly said: “During the recent snow storms, Mr Casey and his family opened up their business for needy people and not only provided food but provided clothing, heating and lighting until weather conditions improved”.
Judge Keys remanded the accused on continuing bail to October.
