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19 Dec 08: Pensions Ombudsman secures Criminal Conviction for Tramore Builder

Tramore builder who had been arrested receives criminal conviction and fine “Very high price to pay for failure to co-operate” – Paul Kenny In Waterford District Court today, Mr. John O’Mahony of O’Mahony Civil Engineering Limited of Tramore, Co. Waterford was fined €600 with €1,200 costs for failure to comply with a request from the Pensions Ombudsman for documentation relating to pension deductions. In June this year, Mr. O’Mahony failed to appear to answer a charge of failing to comply with the Pensions Ombudsman’s request and a bench warrant was issued for his arrest. In October, Mr. O’Mahony was remanded on his own surety of €300 having being arrested on foot of the bench warrant.At today’s hearing, Mr. O’Mahony was convicted and fined. Mr. Paul Kenny, the Pensions Ombudsman said that he was very surprised that some employers are prepared to run the risk of a criminal conviction instead of co-operating with his Office. “In this particular case, Mr. O’Mahony refused to accept correspondence, refused to accept registered letters, indeed refused to communicate in any way with my Office which was simply seeking employment records held by his company. Had there been co-operation, the matter would not have come to this. However, I had no option but to take the legal route and Mr. O’Mahony again did himself no favours by refusing to attend court”. Commenting on the case, Mr. Kenny said that having a criminal record and a record of arrest can carry serious implications for people for the rest of their lives. “To my mind, that is a very high price to pay when the avenue of co-operation is clearly open”. For further information contact Mr. Paul Kenny, Pensions Ombudsman at (01) 647 1650, or see www.pensionsombudsman.ie. 19th December 2008 Ends.