Sentencing of former Kilkenny hurler DJ Carey, who pleaded guilty to defrauding 13 people out of money by claiming he needed to fund treatment for cancer he did not have, has been deferred to Friday.
The 13 include businessman Denis O’Brien.
After Judge Martin Nolan was told at Dublin Circuit Criminal Court on Wednesday morning that Carey (54) was in Portiuncula University hospital in Ballinasloe, the matter was put back briefly while the prosecution made further inquiries.
Having been later told Carey was awaiting a consultation, Judge Nolan said he would defer the sentence hearing to Friday. It may hear victim impact statements and the judge will also hear submissions on behalf of the prosecution and defence.
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The nine-time All-Star hurler, who won five All-Ireland senior titles for Kilkenny, pleaded guilty last July to 10 of 21 charges he was facing.
The State asked that a nolle prosequi (no prosecution) be entered in relation to another charge, with the other charges to be taken into consideration.
Colman Cody SC, for Carey, with an address at Newtown, Maynooth, Co Kildare, told that hearing, while his client did not have cancer, he had “genuinely significant” health issues. He underwent heart surgery last year, is under continuing care for a “genuine” heart condition and there are mental health issues, counsel added.
The sentencing hearing was adjourned to Wednesday for reasons including preparation of a psychological report on Carey, who was remanded on continuing bail.
When the case was called before a packed court, Judge Nolan was told Carey was not present and was in Portiuncula hospital.
A barrister representing Carey handed in a sick note to the judge.
Counsel for the DPP, Dominic McGinn SC said inquiries with the hospital were under way and he may have an application depending on those.
He had just received a photocopy of the medical letter which said Carey was in Portiuncula hospital, counsel said. Having been alerted to the situation on Tuesday, gardaí had called to the hospital and were told that, as of then, Carey was not an in-patient, he added.
Mr McGinn said the sentencing would not go ahead but he may have an application to make to the court depending on further inquiries being made by gardaí.
When the matter was mentioned later, the judge was told Carey is still in the hospital.
Further inquiries had established Carey went into an emergency department on Monday but was not kept there, the court heard.
Gardaí had been told Carey was now back in the hospital and was waiting for a bed.
Mr Cody said a nurse had told his solicitor that Carey was awaiting a consultation but the nurse was unable to provide information about his reason for being in hospital.
Carey had a history of treatment there and he was surmising that was the reason he was in hospital, counsel said.
The charges brought against Carey relate to offences between 2014 and 2022. The charges fell under sections six and 26 of the Criminal Justice (Theft and Fraud Offences) Act 2001. A section six offence – making gain or causing loss by deception – carries a sentence of a fine and/or a maximum term of five years imprisonment. A section 26 offence – using a false instrument- renders a convicted offender liable to a fine and/or a maximum 10 year prison term.
Among the 10 charges admitted by Carey is that he, dishonestly and by deception, induced Denis O’Brien to give him money to pay for cancer treatment on unknown dates between January 2014 and September 2022.
He pleaded guilty to the same offence in relation to: Owen and Ann Conway on unknown dates between March 25th, 2021 and November 3rd, 2022; Mark and Sharon Kelly on unknown dates between May 26th, 2021 and December 10th, 2022; Aidan Mulligan on unknown dates between June 1st, 2022 and September 22nd, 2022; Edwin Carey on unknown dates between December 21st, 2021 and November 12th, 2022; former Clare hurler Tony Griffin and Christy Browne on unknown dates between September 1st, 2022 and October 26th, 2022; Thomas Butler on unknown dates between October 1st, 2019 and November 11th, 2022; Jeffrey Howes on unknown dates between February 1st, 2022 and August 8th, 2022; Noel Tynan on unknown dates between January 1st, 2017 and October 12th, 2022; and Aonghus Leydon on unknown dates between March 14th, 2022 and March 21st, 2022.
The total amount involved in the deception was not disclosed in court.
Regarded as one of the greatest hurlers, Carey captained Kilkenny to Liam MacCarthy Cup success in 2003 and was also a member of the victorious teams in the All-Ireland finals of 1992, 1993, 2000 and 2002.
He was named Hurler of the Year in 2000 and won nine All-Star awards. Since retiring from play, he has managed the Kilkenny U21 hurlers and was a selector for the county senior team.
