The court heard McKiernan is “deeply ashamed of his gross abuse of trust,” and that the “shame has become paralysing for him
Sean McKiernan arriving at Trim Circuit Court this morning for his sentencing hearing(Image: Nicola Donnelly / REACH Plc)
A former history-making Fine Gael chairman of Cavan County Council who stole €172,120 from a mental health charity spent the money on South American male escorts for sexual services at parties in brothels and illegal drugs including crystal meth and GHB, a court has heard.
Sean McKiernan has been sentenced to three years and nine months with the final 12 months suspended after the presiding judge said: “It is a serious breach of trust to a number of vulnerable people as an employee of a charity.”
Trim Circuit Court heard on Monday that Sean McKiernan was diagnosed with ‘major depressive disorder’ and has significant self esteem and mental health issues since his teenage years, was lonely and arranged escorts mainly to procure drugs such as crystal meth and GHB, a date rape drug, “as he enjoyed the highs and euphoria” of taking the illegal substances.
The court heard he is “deeply ashamed of his gross abuse of trust,” and that the “shame has become paralysing for him.
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McKiernan (44), from Trinity Bungalow, Virginia Road, Bailieborough in Cavan pleaded guilty at Trim Circuit Court to 11 sample counts of theft of the money from Navan Mental Health Housing Association LTD out of a total of 58 counts.
The thefts happened on dates between March 2019 and April 2020, at unknown locations. He has no previous convictions.
At the sentencing hearing on Monday, Detective Garda Sean Patterson of Navan Garda Station told prosecuting counsel Kitty Perle that videos recovered from McKiernan’s phone after he was arrested by appointment showed McKiernan smoking a crack pipe and lying in bed with an individual instructing that person to perform a sex act on him, underscoring the scale of the betrayal of the charity.
The court heard charity was set up in the Navan area in 2001 to benefit those with mental health issues in the community with independent living. McKiernan was made secretary and treasurer in 2013 and could co-sign cheques along with one of two trustees.
The court heard that in 2019, McKiernan obtained cheques without named recipients, took an entire cheque book from the accountancy firm FLD Chartered Accountants LTD, and persuaded trustees to sign blank cheques they believed were for charity.
During a 2020 audit, he gave excuses that delayed tax returns. Accountants later found unusually large withdrawals to named individuals, described as “out of keeping with the norm.”
“The names were of South American men and women and some Irish people with no links to the charity,” Det Gda Patterson told the court.
McKiernan said they were “genuine cases, people with mental health issues, that they were loans that were to be paid back and they were HSE nominated recipients.”
McKiernan said he would repay €50,000 and on another occasion said he would repay €25,000 and another significant amount. However, none of the money was repaid.
Sean McKiernan arriving at Trim Circuit Court this morning for his sentencing hearing. (Image: Nicola Donnelly / REACH Plc)
The trustees of the charity made contact with the charity regulator. The case was then reported to gardai in February 2022 and an investigation commenced at Navan Garda Station.
Det Gda Patterson said 58 cheques were involved and he followed the money trail to where the cheques were lodged to 33 individuals into 32 separate bank accounts across 23 bank branches. The amounts ranged from €700 to €6,000.
Det Gda Patterson said the recipients all “seemed to be South American males” and he met a number of them to interview them.
“The men were male escorts whose profiles were on different escort sites,” said Det Gda Patterson said McKiernan “was paying for their services as escorts.”
Several of the male escorts told Det Gda Patterson when they were interviewed they met McKiernan on multiple occasions and some up to ten times.
“He wanted to pay for sex and drugs by way of cheques from the charity,” said Det Gda Patterson.
Det Gda Patterson said an Irish man, whose life spiralled to drink and drugs when he lost his partner in 2018, met a Brazilian woman and frequented her brothel. That man said he saw McKiernan coming out of a bedroom, naked and smoking crystal meth from a crack pipe.
The male said McKiernan was “extremely cocky and arrogant, offered him the crack pipe and told him he was a senator.”
The Brazilian woman asked the man to lodge a cheque for €4,600, on McKiernan’s behalf, into his own account and gave him instructions on how to withdraw the money.
Another individual told Det Gda Patterson that he was asked by a person to accept a cheque and deposit into his own bank account.
But two cheques for €6,000 each were deposited and McKiernan contacted him with instructions on how to withdraw the money and who to give it to. That individual said they were “disturbed that €12k was put into his bank account.”
The court heard the “net result is that Navan Mental Health Housing Association charity no longer exists by name” but has been taken over by Drogheda Homeless Aid.
The court also heard McKiernan said there was too much money in the charity’s bank account and needed to spend it in order to get HSE funding.
Defence barrister Gareth Baker, BL, told the court McKiernan “put his head in the sand and confided in the male escorts he had financial problems and depression at the time.”
A forensic psychologist report was obtained and assessed McKiernan as having major depressive disorder since he was a youth and has a “particular physiological condition that impacts on his sexual functioning and this appears to have contributed greatly to his mental distress and began to meet men several times a year.”
“He is deeply ashamed, he grossly abused trust and power,” said Mr Baker.
“He knows he damaged the charity in a brutal way and the shame has become paralysing to him.
“He knows he has fences to mend with family, friends and the community and wishes dearly to meet the residents of the charity again to say sorry,” said Mr Baker.
“He has suffered seismic reputation damage and his life in the public service is over,” Mr Baker said, adding it is unfortunate he has not made any reimbursement.
Mr Baker also said McKiernan has engaged with a drugs councillor.
After sentencing McKiernan, defence counsel made an application to postpone the jail term to “allow him get his affairs in order.”
Judge Dunphy refused that application and said: “My view is very clear. It would be another example of him burying his head in the sand. He is to go into custody immediately.”
McKiernan made history in 2011 when he was elected the youngest ever chairman, or Cathaoirleach of Cavan County Council.
He was a Fine Gael councillor for the Bailieborough electoral area from 2007 to 2014.
He was also a member of Cavan/Monaghan Education Training Board (ETB) and served a term as its Cathaoirleach in 2016.
He was actively involved in hosting the All Ireland Fleadh Cheoil in Cavan Town in 2010, 2011 and 2012 and in developing the West Cavan Burren Geopark as well as the Taste of Cavan Festival.
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