A probationary garda who denies falsely claiming subsistence allowance for protection duty at Aras an Uachtarain has a case to answer, a judge decided yesterday. Garda Stuart McMahon pleaded not guilty to intent to defraud arising out of claims for subsistence and travel allowance he lodged in May and September 1997. He claimed he filled in his expenses forms on the instructions of a sergeant in Cabra station.
On the third day of his trial at Dublin District Court, Judge Miriam Malone rejected defence submissions that the State had not shown an intention to defraud, that technical evidence in relation to subsistence allowances was inadmissible and that documentary evidence was unreliable.
Judge Malone said she was satisfied that a prima-facie case had been established and Garda McMahon had a case to answer.
The court heard this was the first and second time Garda McMahonhad lodged expenses claims as he had only started in the force in December 1996.
Supt Malachy Mulligan said the allowance system was well understood in the force and he expected all gardai under his command to make factually correct expenses claims. "He is an adult person and I expect people who come to me to know what they are about," Supt Mulligan said under cross-examination.
The defence said it would not be going into evidence but would be making further legal submissions in light of the judge's ruling. The case was adjourned for a date to be fixed when submissions will be made.