A solicitor who defrauded clients out of £85,000 in a bid to keep her business afloat following the property crash was today spared prison.
Judge Patrick Lynch KC told Mary McAleese he was taking the "exceptional course'' of suspending her 15-month prison sentence for a period of three years.
McAleese, 65, of Frys Lane, Ballymena, Co Antrim, had previously pleaded guilty to four counts of fraud by abuse of her position as a solicitor.
Belfast Crown Court heard that she was the sole trader in Belfast-based legal practice O'Toole & MacRandal. The court heard the business got into financial trouble in 2007/2008 during the property crash.
In an effort to keep her business going, she removed monies from the client account and put them into the office account. Three of the charges related to monies due from family estates.
The fourth charge related to a client who she told an insurance firm had made a settlement for her civil claim of £2,500 when in fact the claim was settled for £12,500. The court was told that the total amount taken from the client account was £85,000.
Following an audit of her books in 2016 by the Law Society and an independent firm of accountants, McAleese was struck off as a solicitor in June 2018. The Law Society has already paid back the money to the injured parties.
In August 2022, McAleese was interviewed by the PSNI and made "full admissions'' to the frauds. Defence barrister Martin Morgan told the court that McAleese's husband is buying her £40,000 share in the family home and has already paid around £30,000 to the Law Society.
Today, the court was told that another relative has raised a further £35,000 which is to be lodged with the Law Society. Describing the case as one of a "breach of trust'', Judge Lynch said McAleese was acting as a sole solicitor in relation to a number estates of deceased people.
"The public reposes great trust in solicitors to deal with their cases in a prompt and appropriate manner,'' said the judge.
"In particular they should be honest when they come to handling large sums of money which go through their client account.
"There is a high degree of trust reposed when a solicitor is operating in a fiduciary basis.''
He added that it was accepted by the prosecution that McAleese did not take the money for a "high life''.
Judge Lynch said that as a result of the fraud, McAleese was bankrupted and the company failed "which brought shame upon herself and embarrassment to her and her family''. He added: "The firm's difficulties were kept a secret as her family were unaware of the difficulties until the house of cards collapsed.''
The judge noted there was a delay of eight years in bringing the case to court but he accepted that the defendant was not to blame.
Taking into account her personal circumstances, her early admissions, her previous clear record, Judge Lynch said: "I have come to the view that I do regard this as an exceptional case.
"I will therefore suspend the 15 month sentence for three years.''
However, the judge warned the defendant that if she committed any further offence in the next three years she would be brought back to court to serve the 15 month sentence.
"Stay clear of trouble in the next three years and you will not be required so to do. And I have no doubt that you will,'' added Judge Lynch.
English (United States) ·