A SECOND director of a Limerick scaffolding business was sentenced to six months imprisonment for breaching pensions legislation relating to the non-payment of an employee’s pension contributions.
Raymond Neilon, aged 50, of Commonline, Cappawhite, County Tipperary was brought before Limerick Court after a bench warrant for his arrest was executed by gardai.
The defendant, who has a number of young children, failed to appear before the court in April when his brother, Gerry Neilon, of Newtown, Pallasgreen was also sentenced to six months imprisonment.
The court was told both brothers were directors of Gerry Neilon Scaffolding Ltd which had failed to reply to a statutory request from the Irish Pensions Board for information concerning contributions to the Construction Industry Federation (CIF) pension scheme.
During the case of Raymond Neilon, solicitor Tom Kiely said the Pensions Board had made the request after it received a complaint from the estate of Patrick Coleman (33), who was murdered at John Carew Park in September 2007.
Prior to his death, Mr Coleman had worked for Gerry Neilon Scaffolding and Mr Kiely said his children would have received a payment of €76,000 had the pension contributions been paid by the company into the fund.
Judge Eugene O’Kelly was told the monies had been deducted from Mr Coleman’s salary but that they were not paid into the fund by the company.
Solicitor John Devane, representing Raymond Neilon, said his client was not involved in the day-to-day running of the company and that “he only signed what was put in front of him”.
He told the court Mr Neilon did not know he had obligations and duties as a director and that he was not aware the pension contributions had not been paid into the fund.
Judge O’Kelly said he found it “incomprehensible” that the defendant would had acted as a director of the company for eight years “without even asking what his duties and obligations were”.
He imposed a six month prison sentence, saying both Raymond Neilon and his brother, Gerry Neilon, had acted as directors of the company together.
Both men have appealed the severity of the sentence imposed on them.