Three Co Tyrone men have been ordered to carry out community service for defrauding the Ulster Scots Agency.
Glen Henry (39) from Old Rectory Close and Lee Rodger Henry (42) from Mackenny Road, both Cookstown, admitted fraud by false representation while Nicholas Samuel Barnes (67) from Clare Lane, also Cookstown, admitted aiding and abetting fraud.
Glen Henry further admitted making articles for use in fraud,
All three were senior members of Drumnacross Orange Lodge which applied for funding from the Ulster Scots Agency for events and music tuitions however due to the Covid pandemic these could not take place.
A decision was taken to retain the funds so false invoices were supplied to the agency which provides grants to organisations to promote an understanding of the Ulster Scots.
Drumnacross Orange Lodge sought funding for a number of events including a small festival and music tuition, and between 17 September and 14 October 2021 a total of £4,110.
Grants were provided on a partial basis with the balance paid on the presentation of invoices.
While Covid restrictions were in place they were being eased and during a routine examination a number of discrepancies were noted.
The agency undertook preliminary enquiries then alerted police.
At this point a cheque for £4,110 and an accompanying letter signed by Glen Henry as lodge secretary was sent to the agency, apologising for mistakes and offering to resolve issues as soon as possible.
PSNI found invoices and bank statements indicating cheques had been paid and cashed.
In January 2023 Glen Henry’s home was searched and two laptops, a tablet, a phone and two invoice books were seized.
Police found the lodge also had a Credit Union account and statements and cheques matched the invoices submitted.
The cheques ha been paid out of the lodge’s Ulster Bank and paid into the Credit Union
Dungannon Magistrates Court heard “the sequence of events clearly shows fraud, firstly by obtaining the grant money through false invoices and secondly by writing cheques for the same amounts and paying them into the Credit Union account.”
All three men were interviewed and Glen Henry admitted submitting the applications and creating false invoices.
Barnes, who was treasurer, claimed he had written the cheques on instruction of Glen Henry.
Meanwhile Lee Henry as chairperson admitted signing off the applications but insisted having no knowledge of the fraudulent invoices or cheques.
Defence for Barnes said, “It was a very foolish decision. The rationale was as the events didn’t take place the funds would be held for later dates.”
Turning to Lee Henry the defence accepted the matter was “joint enterprise” but at a lesser level.
However District Judge Francis Rafferty noted a pre-sentence report on Glen Henry stated he, “minimises responsibility, claiming all members of the lodge voted to keep the money to spend later. He further minimised by stating it was the first time he completed a funding application and was not given any training. He feels his name has been dragged through social media for a decision made collectively by the lodge.”
Judge Rafferty told the three: “I don’t propose to distinguish between you. Collectively, you gave into temptation and took advantage of a situation.”
Although the custody threshold was passed, Judge Rafferty ordered all three to complete 110 hours community service.