A judge is to decide in May what court four people accused of unlawful money-lending in a west Clare town will have their cases heard.
At Ennis District Court, the four – who have agreed to stay away from Kilrush post office on dole days as part of their bail conditions – appeared for the second time yesterday in relation to the alleged moneylending with the vast majority of charges concerning the 2011-2013 period.
In court yesterday, Insp Tom Kennedy said that the Director of Public Prosecutions (DPP) has directed that the cases can be heard in the district court on a plea of guilty only.
Judge Durcan confirmed to the court that he will decide which court the cases will be heard in – the district court or the circuit court – in May.
All four face charges under the Consumer Credit Act 1995 and those convicted of an offence under the Act in the district court face a prison term not exceeding 12 months and a fine up to €1,800.
Those convicted of offences under the Act in the Circuit Court face a prison term up to five years and a fine not exceeding €63,500.
Yesterday, solicitors, Daragh Hassett and Tara Godfrey – acting as agents for the accused’s legal firms- sought disclosure of all documents in the cases
The four face a total of 36 charges with Diana Casey (32) of Wood Rd, Kilrush facing a total of 17 charges concerning the unlawful moneylending to six people.
In the case, the four accused have agreed as part of their bail conditions not to go within 100 metres of Kilrush Post Office on Tuesdays and Thursdays.
They have also agreed to stay away from the complainants in the case.
In the case, Ms Casey faces six charges of failing to supply to the borrower a book or document while engaged in money lending as required by the Consumer Credit Act 1995 on dates between 2004 and December 3rd 2013.
Ms Casey also faces six charges of failing to keep a record of any money lending agreement with her six borrowers as required under the Consumer Credit Act between 2011 and 2013.
Ms Casey faces five charges of engaging in money lending without a money lender’s licence granted by the Director of Consumer Affairs and did not maintain a business premises for that purpose between 2009 and December 3rd 2013.
Patrick Casey of (26) of Beverly Hills View, Kilrush faces 11 charges in relation to the unlawful money-lending to four people between 2011 and December 3rd 2013.
In the case, Mr Casey faces four charges of failing to keep a record of any money lending agreement with four borrowers as required under the Consumer Credit Act between 2011 and 2013.
He also faces also faces four charges of failing to supply to the borrower a book or document as required by the Consumer Credit Act 1995 on dates between January 2011 and December 3rd 2013.
Mr Casey faces an additional three charges of money lending without a money lender’s licence granted by the Director of Consumer Affairs and did not maintain a business premises for that purpose.
Ann-Marie O’Brien (30) of Chapel Drive, Kilrush faces five charges in relation to the unlawful lending to two people between January 1st and December 3rd 2013
Ms O’Brien faces two charges of failing to keep a record of any money lending agreement December with her two borrowers as required under the Consumer Credit Act between January 1st and December 3rd 2013.
She also faces two charges of failing to supply to the borrower a book or document as required by the Consumer Credit Act 1995 on dates between January 2013 and December 3rd 2013.
James O’Brien (20) of Sycamore Drive, John Paul Estate, Kilrush appeared in relation to three charges concerning the alleged unlawful money lending to one person between January 1st and December 3rd 2013.
None of the four made any reply when charged and cautioned by Gardai.
Judge Durcan remanded the four on bail to re-appear before Ennis District Court on May 13th.
