A Dublin man and his cousin have pleaded guilty to charges related to a complex fraud involving a fictitious birth registration and a subsequent passport application. The case, heard in Dublin Circuit Criminal Court, centers around the attempted creation of a new identity for Simon O’Donnell (43).
Details of the Scheme
Simon O’Donnell pleaded guilty to providing false information in connection with a passport application submitted on August 26, 2019. His cousin, Winnie O’Donnell (59), pleaded guilty to providing false or misleading information to the Civil Registration Service between May and November 2011. The pair attempted to register the birth of a ‘David O’Donnell’, claiming he was born in 1980 – 29 years prior to the registration attempt.
Winnie O’Donnell presented herself as the aunt of the fictitious ‘David O’Donnell’ and claimed to have witnessed his birth. The fabricated birth certificate was then used in support of Simon O’Donnell’s 2019 passport application. However, the application was flagged due to issues identified by biometric safeguards, leading to a Garda investigation.
Motives and Legal Arguments
During questioning, Simon O’Donnell stated he submitted the application in an attempt to obtain social welfare benefits to pay off individuals who were threatening him due to a feud. Winnie O’Donnell admitted there was no person named ‘David O’Donnell’, but did not dispute that a signature on the registration form appeared to be hers, stating it stemmed from a bet regarding the application’s success.
Judge Martin Nolan described the scheme as a “very strange thing to think about doing it, let alone bet on it,” and remarked on the audacity of attempting to register someone 29 years after their supposed birth.
Legal counsel for Simon O’Donnell noted his client’s lack of prior criminal history and his co-operation with the investigation. Counsel for Winnie O’Donnell highlighted that she had no previous convictions at the time of the offense and did not profit from the scheme. Winnie O’Donnell now has eight summary convictions for offences under the Theft and Fraud Act.
What Happens Next?
Both defendants were remanded on bail and the case was adjourned for finalization. This proves possible the court will consider community service for Simon O’Donnell, given his co-operation and lack of prior deception convictions. A non-custodial sentence may also be considered for Winnie O’Donnell, given her lack of prior convictions at the time of the offense. The judge will ultimately determine the appropriate sentencing based on the details presented and legal arguments made.
Frequently Asked Questions
What charges did Simon O’Donnell face?
Simon O’Donnell pleaded guilty to providing false information in connection with a passport application on August 26, 2019.
What was Winnie O’Donnell’s role in the scheme?
Winnie O’Donnell pleaded guilty to providing false or misleading information to a registrar of the Civil Registration Service regarding the birth of ‘David O’Donnell’.
Why did Simon O’Donnell attempt to obtain a new identity?
Simon O’Donnell told Gardaí he was attempting to obtain social welfare to pay off people who were threatening him as a result of a feud.
Given the unusual nature of this case, what factors do you think will weigh most heavily in the judge’s sentencing decision?
