Former Cavan Councillor spent over €172,000 on male escorts and drugs

A former Cavan Councillor has been sentenced to two years and nine months in prison after he spent over €172,000 of money stolen from a Meath charity on male escorts, crystal meth, and liquid ecstasy.

Sean McKiernan (44), from Trinity Bungalow, Virginia Road, Bailieborough, Cavan was in Trim Circuit Court charged with 58 counts of theft.

The court heard the thefts total €172,120 from Navan Mental Health Housing Association which took place between March 2019 and April 2020.

During this period there was three active trustees in the charity with McKiernan being one of them and two of them were needed to sign a cheque for any payments. The other two, William Burke and Michael Finnegan, were housebound undergoing medical treatment when the thefts took place. McKiernan went to their houses to sign legitimate but he later came over with blank cheques, saying it was for meetings with the HSE and would be more convenient.

Garda Patterson told the court an auditor asked for financial documents from the accused which were eventually submitted in October 2020. They noticed large amounts withdrawn with cheques being sent to people who were not linked to the charity. Mr McKiernan told the auditors they were cases with mental health issues provided by the HSE and were loans they had to pay back. No documents were provided to back up this claim and concerns were raised with senior parties in the accountancy firm. Garda Patterson told the court "the red flags were starting to appear" and Mr Burke was contacted regarding this with the other trustees being notified.

Michael Finnegan's victim impact report read to the court said multiple attempts were made to plan a meeting with the accused regarding this but he kept on putting it off until the accused was made aware that the charity regulator was involved. A meeting was held in May 2021 where the accused repeated that they were loans and he would repay anything the loaners did not pay back. In a subsequent meeting in June that year Mr McKiernan said he would repay €50,000 but he “never paid a penny”.

The court heard there was 58 cheques sent to 33 different individuals ranging from €700 to €6,000, the majority of which were sent to people of South American descent. Written statements form these individuals detailed how many of them were male escorts paid by Mr McKiernan to avail of their services. Garda Patterson told the court he met some escorts "up to ten times".

The court heard Mr Mckiernan's home was searched by and a phone was seized. Images of cheques and of the accused using a crack pipe telling a male escort to do a sex act on him were found on the device.

The court heard on one occasion a man who was addicted to drink and drugs was brought to a party which he found out was a drug den and brothel. He was told by a Brazilian woman to give her his bank details. At the party met the accused coming out of an escort's bedroom naked holding a crack pipe. Mr McKiernan was described as being cocky and arrogant, saying he was a senator and asking the witness to use his crack pipe. The witness was later contacted by the woman who told him money has gone into his account, which he later found out was €4,600, and he was told where to put it. This was done without his consent but he needed to pay for drink and drugs at the time.

On 28th March 2023 he was arrested and brought to Navan Garda Station. He was interviewed five times and made no admissions but pleaded guilty to the charges in Trim court. Mr McKiernan sent a document to the charity regulator which showed all except three of the cheques, admitting they were fraudulent and showing how much was paid out before the Garda investigation commenced.

The defending barrister, Gareth Baker SC, The defence told the court his actions were in line with someone trying to “kick it down the line” and “putting his head in the sand”.

The charity no longer exists but their duties were taken over by Drogheda Homeless Aid and the residence were not affected by the change. The court heard some of the residence were suspicious of Ms Egan despite her innocence and her victim impact report read to the court said she lost her job due to the closure of the charity. Garda Patterson told the court Ms Egan is not in court as the thefts have had “such a toll on her”.

The defence told the court before this incident Ms Egan said he knew the accused for 20 years and he described as “honourable”. The court heard this was “surprising” to those in the charity and was radically different behaviour.

The defence told the court “he got off to a highly impressive start” when he was co-opted as councillor in 2007 before earning his seat in the 2009 election. He was national executive of Fine Gael from 2011 to 2014, and was chairperson of the Cavan-Monaghan training board and became chair. When he lost the 2014 council elections the court heard it hit him hard and “it still lingers with him”.

He began his drug use in 2016 taking crystal meth and liquid ecstasy and the sex gratification came alongside this. His meetings with escorts, the defence told, was linked to sexual frustration and loneliness. He took the drugs because he enjoyed the “high and euphoria” and while under the influence he didn’t feel self-conscious which became “a short term fix” to his mental issues. He felt extremely lonely and got a “fake and superficial” sense of companionship from escorts and the mix of escorts and drugs made him build up more shame and guilt. In 2018 his professional life “took a turn for the worse” when he ran in the local elections for an adjoining constituency which didn’t end well.

A medical report read to the court said he exhibits false confidence with self-conscious issues below the surface. This relates to a physiological condition which impacts on sexual functioning and this contributed greatly to his mental stress.

A psychologist report read to the court detailed he is suffering from depression and body image issues. It reported he is no longer using drugs but the defence told the court he occasionally relapses and he wanted “to be up front” on this.

In a letter to the court, the accused said he feels deep and profound sadness and regret for his actions and acknowledges the damage he has done to a charity “that he truly loved and cherished”.

The defence told the court “The brutal truth is that he has suffered seismic reputational damage” and his career in local politics is “stone dead”.

The defence also told the court this matter differs from a case "of some notoriety" related to a "sports star" because that case had 22 victims, money stolen worth nearly 400k, and offences that took place over a much longer period, and that feigning a serious illness is "more egregious".

The court heard he was self employed for a short period of time and was on social welfare for a few weeks but “just does not have the funds” to repay the charity. The defence put to Garda Patterson that the accused indicated he intented to pay the money and Garda Patterson told the court he always broached the subject but he never did anything. He has not been working for the past few years and has been surviving financially on a €20,000 county council ‘ex gratia’ payment. The defence told the court he has a pension fund linked to the charity totalling €47,000- €53,000 and he intends to release the funds when can avail of them at 50 and asked to canvas the amount to court.

Judge Jonathan Dunphy told the court this pension fund "is not a viable option considered by this court" and the level of compensation “amounts to absolutely nothing”.

Judge Dunphy accepts the accused is making good progress rehabilitating and said "the picture is far more stable".

Mr McKiernan was given a three year and nine month sentence with 12 months suspended for two years following his release.

The defence told the court Mr McKiernan wanted some time to put his affairs in order and suggested he should be given a few days to do so. Mr McKiernan lives with his parents who are in their 80s with significant health difficulties and his father suffered from a heart attack which discouraged the accused from moving out. Judge Dunphy refused this application and said this is “yet another example of burying his head in the sand” and this matter should have been discussed a “a very long time ago”.