THE family of a #Limerick murder victim have lost out on a pension payout because of the “criminality” of two scaffolding company directors who withheld contributions deducted from the wages of their staff.
Gerry Neilon of Newtown, Pallasgreen and Raymond Neilon of Cappawhite, Co Tipperary, avoided prison sentences for what a judge described as their “criminality in deducting workers pay” and not passing it on to the Pensions Board.
Judge Tom O’Donnell made his remarks at Limerick Circuit Court where the two company directors appealed the six month sentences imposed for failing to make remittances to the Pensions Board within 21 days of deducting the pay from their staff.
Their criminal actions came to light when Patrick ‘Happy’ Coleman (33) was murdered by a 15-year-old boy as he walked to his home in Carew Park after watching the Limerick play in the 2007 All Ireland hurling final.  He had kicked over a bottle of beer on the path before the teenager followed him and stuck the broken bottle into his neck. He died from blood loss some hours later.
Mr Coleman, who worked for the Neilon brothers, was supporting four children.
In 2007, the company accountant stopped sending the €20 per week deduction from employee wages to the Pensions Board. Mr Coleman had been paying into the scheme but as his payments hadn’t been forwarded for six months before his death, the insurers refused to pay the €76,100 his family would have been entitled to.
The Neilon brothers, whose company has since wound up, were sentenced to six month imprisonment in 2012 and 2013. They immediately appealed the sentences and Judge O’Donnell agreed to several lengthy adjournments to allow them  an opportunity to repay Mr Coleman’s family.
They agreed to monthly payments of €250, which meant that Mr Coleman’s family would be waiting for more than 12 years to have his death benefit paid in full.  To date, just over €6,800 was paid, €2,000 of which was lodged in court this week.
Judge O’Donnell said it was “grossly unfair” and the money paid to date was “far from unsatisfactory”.
Defence counsel Lawerence Goucher, BL said that Gerry Neilon found it difficult to get work, but was doing his best and “certainly not trying to dodge what should be paid”, while Sinead Garry BL told the court that Raymond Neilon could not work because of a medical condition and was claiming social welfare benefits to support a family of four.
Judge O’Donnell was told that Mr Coleman’s family did not wish for either of the Neilon brothers to be jailed.
A High Court action against the former company’s accountant seeking the recovery of funds is at an advanced stage.
Judge O’Donnell said he had to commend the laudable position Mr Coleman’s family had taken.
Suspending the prison sentences for two years, Judge O’Donnell bound the former directors to the peace and ordered them pay an additional €3,150 to Mr Coleman’s family within the next 12 months.
