Laois Gardaí to return silver coins issued on behalf of President Michael D Higgins

Silver coins sent by the office of Uahctarán na hÉireann to a Laois man who would have been 110 had he not died in the 1990s were central to an application before Portlaoise District Court this morning. 

Mountrath man John Bergin died in November 1993 but his daughter-in-law, Margaret Bergin(73), continued to draw his pension for 28 years after his death. 

The office of Uahctarán na hÉireann, believing he had reached 100 years of age, began issuing coins and cheques to the deceased man. In total ten silver coins were recovered along with cheques when gardaí searched Margaret Bergin’s home at Fairfield Mountrath. 

She and her husband Seamus Bergin and the office of Uachtarán na hÉireann were respondents in the Police Property Application brought before Portlaoise District Court in relation to the medals. 

Solicitor Philip Meagher said he had represented Mrs Bergin in the original prosecution and the Bergins were denying any interest in the items. 

Garda Sergeant JJ Kirby said he had consulted Garda Inspector Joe Culliton. 

“We are of the view that they should go back  to where they belong. To Áras an Uachtaráin,” he said. 

Judge Andrew Cody explained that under the Police Property Act, “if the owner cannot be ascertained, make such order as the Court considers proper. This may be done even if no person has been charged with an offence in connection with the property in question.”

He said that the tradition by which Centenarians receive what is described as a bounty goes back to the first President of Ireland Douglas Hyde in the 1940s.  

“People who have reached their 100th birthday receive a gift from the State of €2,540, a letter from the President of Ireland, wishing them a happy birthday and congratulating them for their longevity and a special commemorative coin. Similar gifts and letters are sent on their 101st and every subsequent birthday. 

This application concerns 10 such coins, letters and cheques issued by The President on behalf of the State to the late John Bergin, who died over 30 years ago in November 1993 and no effort was made to register his death by his son Seamus or daughter-in-law Margaret,” said Judge Cody.  

“His daughter in law, Margaret Bergin pleaded guilty to several charges of theft and larceny relating to the claiming of her late father-in-law's pension over a period in excess of 28 years. The issue only came to light when an amateur genealogist by the name of Mr McCoy was undertaking research and discovered that there was a person purportedly living in Laois by the name of John Bergin who was reputedly 110 years-of-age and contacted the office of the President to inquire about their records relating to the late John Bergin and the Centenarian Bounty,” he said.  

“Gardai were subsequently alerted and they conducted a search of the Bergin home and found in a handbag belonging to Margret Bergin these 10 silver centenarian coins, the letters from the President and the 10 centenarian bounty cheques. Mrs Bergin was arrested and acknowledged she had claimed the pension falsely or that she had signed documents in the name of the late Mr John Bergin,” Judge Cody explained.  

He said she was then sentenced to five and a half years for Social Welfare fraud and Judge Keenan Johnson suspended the final three years. The coins and cheques did not form any part of that prosecution. 

“In his sentencing Judge Johnson said the following:- "I cannot believe that correspondence which had been received at least annually in the name of John Bergin could not have been seen by other members of the household particularly the correspondence and centenarian coins from Aras An Uachtarain which would have been unique and noticeable..... I cannot help but feel, despite her assertions to the contrary, that Mrs Bergin has allowed herself to be offered as a sacrificial lamb for the offending and that full responsibility does not rest exclusively with her," Judge Cody noted.  

“In my view the responsibility for dealing with any correspondence arriving to any household decades after a person has passed away rests with their next of kin, living at that address, and in this case that is his son Seamus. In relation to this application John Bergin's son Seamus continued for 10 years to accept these coins, cheques and letters without ever alerting the President's office or returning them to their rightful owner. I am satisfied that these medals were in the possession of Seamus Bergin and/or Margret Bergin as a result of deliberate and repeated fraud and have no rightful claim whatsoever on the medals, letters and coins. I am satisfied that they should be returned to their rightful owner, the office of the President of Ireland,” Judge Cody said. 

He ordered that the coins, cheques and letters issued on behalf of President Michael D Higgins be returned to the Office of the President of Ireland.  

“Thank you judge, I will make sure that is done,” said Sgt Kirby.