Struck off Cork solicitor given suspended sentence relating to €63k theft from client 

A CORK solicitor who was struck off by the Law Society over 10 years ago was given a three-year suspended sentence at Cork Circuit Criminal Court, relating to the theft of €63,000 from a client back in 2008.

Judge Colin Daly sentenced 60-year-old Alex Gibbons to the suspended prison term.

The court heard that the €63,000 was repaid in full three years after it was taken by the defendant.

“He was in a position of enormous trust and professional responsibility,” Judge Daly said.

“This was a most egregious breach.

“Simply put, he took €63,000 from the company’s client account and transferred it to his personal account.

“The significant aggravating factor is the breach of professional duties to the client ... and breach of trust.”

Guilty plea

The judge said the plea of guilty was of great value in such a case, as the prosecution would have been relying on extensive documentary evidence.

Judge Daly acknowledged the significance of the defendant’s loss of professional standing as a result of his actions.

He qualified as a solicitor in 1989 and was struck off in 2012 as a direct result of his actions — which are also the subject matter of this criminal prosecution.

He had operated his practice from Kent St, Clonakilty, Cork.

“You come before the court with previous good character and, in the exceptional circumstances of the case, I am satisfied to suspend the three years in full,” Judge Daly said.

Stamp duty 

Det Garda Daniel Lordan said that a construction company represented by Alex Gibbons for many years was purchasing land for €630,000, and sent a cheque to the solicitor at one stage for €63,000 stamp duty.

This sum of money was to be lodged in his client account and then used to pay stamp duty.

When it emerged that the stamp duty had not been paid, it was established that the €63,000 had been transferred from the client account to the solicitor’s personal account.

By March 2011, this money was returned to the client account and the stamp duty was paid — three years after it should have been paid.

Det Garda Lordan told the senior counsel for the prosecution, John O’Kelly, that the defendant had no previous conviction.

The senior counsel for the defence, Tom Creed, suggested there would have been huge issues related to the admissibility of prosecution documents if the case had been contested, and that the plea of guilty should be seen in that context.

“This obviously has been stressful for him also,” Mr Creed said.

He has effectively paid back the money, but that does not mean it was not an offence.

“He had some financial difficulties and caused his own downfall.

“Mr Gibbons has paid a huge penalty by losing his profession and being struck off, not just suffering the indignity of it but also losing his profession — that is a significant penalty in itself for Mr Gibbons.