A young army hopeful who produced a false insurance document in court as part of a “premediated plan to deceive everyone” was handed a prison sentence recently.
Theo Cavanagh (24) of 73 Marymount, Ferrybank, Waterford, appeared before Judge Kevin Staunton at a sitting of Waterford District Court in January, and pleaded guilty to using a copy of a false instrument, contrary to Section 28 of the Criminal Justice (Theft and Fraud Offences) Act 2001.
This related to an appeal he made in the Circuit Criminal Court in November 2024, against a disqualification he received at Waterford District Court for driving without insurance.
Sergeant John Phelan outlined that Gardaí firstly stopped the accused while driving in 2024, and it was discovered that he did not have valid insurance. A fixed charge penalty notice that was issued to him went unpaid, and the matter came before the District Court.
The accused received a two year disqualification for the matter, and decided to appeal this in the Circuit Criminal Court in November 2024.
Sergeant Phelan said that the accused produced an insurance certificate during this appeal hearing that actually belonged to his mother. This was confirmed by the insurance company, and Gardaí determined that it was a manufactured certificate that had been adjusted to look like his own.
The Sergeant added that Gardaí then arrested the accused, and he made no comment to the charge. It was also stated that he has three previous convictions, which are all road traffic matters.
Acting for the defendant, solicitor Hilary Delahunty said that the accused approached him in late 2024 to ask for help in the District Court of Appeals.
He stated that his client had originally represented himself earlier that year in the District Court and received a two-year disqualification, despite the fact it was his first time appearing before the court for a no insurance matter.
Mr. Delahunty said that there was confusion for the accused, as he had told the solicitor that he did have insurance, which brought it to the appeals court.
The solicitor added that for the appeal hearing in November 2024, his client brought a document with him that turned out to be a picture of his mother’s insurance certificate, with the details changed by a pen.
Mr. Delahunty presented a copy of the document to Judge Staunton, highlighting the fact that it was a “poor operation” and “not a sophisticated forgery.”
The solicitor also said that at the time he had “simply assumed it was right” but did not realise this was not the case, until the Sergeant who was in court on the day came back to him and told him that the document had been forged.
The court was told that the accused then withdrew his appeal against the two year driving disqualification, and pleaded guilty to a second no insurance matter in September 2025, where he was handed a four year disqualification.
In mitigation, Mr. Delahunty highlighted that his client is 24 years of age, currently working after previously being employed as roofer in England for a period of time, and wants to apply for the Defence Forces.
The solicitor said he doubts that the accused’s Army application will be processed now and that forging a document was an “awfully stupid” thing for him to do.
He added that he hoped the Judge would not be too severe on his client for his “stupid mistake.”
Judge Staunton said that it was a “serious matter” and that some people who appear before the courts for driving with no insurance simply “don’t have their affairs in order.”
However, the Judge highlighted that the accused’s offence was “a premeditated plan to deceive everyone” including the Gardaí and the Court.
He added that this was not a road traffic matter, and that the accused’s previous convictions were not relevant to it.
Judge Staunton decided to hand the accused an eight month prison sentence for the matter. Recognisance was fixed in the event of an appeal.
Funded by the Court Reporting Scheme
Robyn Power
