The sentencing of former hurling star DJ Carey for defrauding a number of people out of money while pretending to have cancer has been adjourned to Friday after he failed to appear in court this morning.
Dominic McGinn SC prosecuting told the court, when the case was called before Judge Martin Nolan earlier this morning, that he had been informed that Carey (50) is currently attending Portiuncula University Hospital, Ballinasloe in Galway.
He handed a medical note that had been provided to the State to the court. He said gardaí had contacted the hospital yesterday when they had learned that Carey was there. Counsel said gardaí were informed at that point that Carey was not currently an in-patient there.
Mr McGinn had asked for the case to stand for further enquiries to be made, adding that the gardaí wished to investigate the matter further, having now viewed the medical note.
“I may have an application to make depending on our enquires,” Mr McGinn said.
The case was adjourned and re-called later when Simon Matthews BL, prosecuting indicated that gardaí were able to confirm that Carey is in Portiuncula University Hospital and is waiting for a bed. They were not able to confirm his status.
Coleman Cody SC defending, then told the court that his client is awaiting a consultation with a consultant. He said a nurse has confirmed that he is in the hospital but was not able to provide any further information as to why he was there.
Counsel said that Carey has a history of treatment with the hospital having previously had surgery for a heart condition. He said he does not know what his timeline for treatment might be. He added that he initially went into accident and emergency on Monday but was not admitted.
Judge Nolan said that “it seems he will be seen at some time today” before he acknowledged the confirmation that he is currently in hospital. He adjourned the sentencing hearing to Friday.
Carey, with an address before the court of The Drive, Newtown, Maynooth, Co Kildare, previously entered guilty pleas to 10 counts of dishonestly inducing people to pay him money after he fraudulently claimed to have cancer and needed finances for treatment. He had been due to stand trial.
The court heard that one count of deception – dishonestly inducing a person to pay him money – was being struck out while the remainder of the indictment would be taken into consideration by the sentencing judge.
The indictment includes two counts of using a false instrument with the intention of inducing another to accept it as genuine. The indictment spans a time period from 2014 to 2022.
The 10 counts Carey pleaded guilty involved a total of 13 complainants, including Denis O’Brien, Owen and Ann Conway, Mark and Sharon Kelly, Aidan Mulligan, Tony Griffin and Christy Browne, Thomas Butler, Jeffrey Howes, Noel Tynan, Edwin Carey and Aonghus Leydon.
About 28 witnesses had been expected to give evidence for the prosecution at trial, which was originally set down for four weeks.
Carey did not speak during the brief arraignment except to say “guilty” to the 10 counts put before him.
Mr Cody said that while the case involved fraudulently claiming to have cancer, Carey does have “genuinely significant” health issues and required heart surgery last summer.
Counsel asked that legal aid be extended and he also asked that a psychological report be prepared for the sentence date.
Carey is regarded as one of the greatest hurlers to have played the game, winning five All-Ireland senior medals with Kilkenny. He captained the county to Liam MacCarthy Cup success in 2003, while also being part of the victorious teams in 1992, 1993, 2000 and 2002.
He was named Hurler of the Year in 2000 and won nine All-Star awards. Since retiring from play, he has managed the Kilkenny U21 hurlers and was a selector for the county senior team.
