Judge slams 'nasty' fraud after contractor took money for materials then did not complete work

Ballymena courthouse. Picture: Pacemakerplaceholder image
Ballymena courthouse. Picture: Pacemaker

A judge has slammed "nasty" fraud offences committed by a contractor who took money for materials from two customers and did not complete work.

District Judge Nigel Broderick was speaking at Ballymena Magistrates' Court regarding Gary Cowan (35), of Upper Mervue Street in Belfast, who committed two counts of fraud by false representation.

In one case said he would obtain decking materials and another case involved fencing.

The offences were committed in 2020 and 2021 and involved amounts of £270 and £240.

Ballymena courthouse. Picture: Pacemakerplaceholder image
Ballymena courthouse. Picture: Pacemaker

The court heard the defendant had a record.

In one case a woman spotted an online advert and the other woman learned of the contractor through Facebook Marketplace.

In both cases the defendant made excuses and then he "dropped all contact either by phone or social media".

In one of the cases a woman reported the transaction to her bank who froze the defendant's account and "he used that as an excuse that he had no access to give her back her money but it would appear there were insufficient funds in the account in any event," said a prosecutor.

A defence barrister said the defendant is now on benefits but that he had brought compensation of £510 to court.

The court heard the defendant had issues with cocaine.

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Judge Broderick wondered if there were any other victims of the defendant.

He said: "I will tell you now, if another victim comes back to this court and he says there aren't any, then I will have no hesitation in sending him to prison. I will not forget this case.

"These are nasty, nasty, offences. You seem to point the finger of blame against the victims".

The judge told the defendant that in a pre-sentence report "you portray yourself as the victim".

He added: "It is very nasty to take money off people to buy materials and then disappear".

The judge said the guilty plea, limited record and length of time since the offences happened were saving the defendant from prison.

A five months prison term was suspended for three years and the defendant was also ordered to pay compensation.

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