A mother of one, who stole thousands of euros from the restaurant where she worked, forcing the owners to put the business on the open market, has been jailed for three years with the final two years suspended.
Rachel Kenny, 29, of Longstone, Pallasgreen, Co Limerick, pleaded guilty at Limerick Circuit Criminal Court to ten sample counts of theft from the Milk Thistle restaurant in Mungret. The charges formed part of a broader Garda investigation into 81 separate incidents of theft from the business over an 18-month period.
The court heard that Kenny, who began working at the restaurant in 2019 and was later promoted to supervisor, abused her position of trust by manipulating the restaurant’s cash online register system and pocketing €150 a week after allegedly helping an accomplice.
Detective Sergeant Fiona O’Connell, Henry Street Garda Station, told the court that the thefts came to light in late 2022 after Kenny’s boss and owner of the restaurant, Denis Cregan, noticed a drastic downturn in the business’s turnover. Initially attributing the losses to rising energy costs, Mr Cregan’s accountants later flagged inconsistencies that raised suspicions of the internal theft.
After reviewing “excellent quality” CCTV footage, Detective Sergeant O’Connell found that Kenny was falsely recording cash transactions as gift voucher redemptions or, in some cases, failing to record sales altogether.
The financial impact was stark. Gift voucher redemptions in 2022 totalled €31,689.87, despite only €5,305 worth of vouchers being sold, the court heard.
The restaurant’s bank balance plummeted from €149,000 in 2020 to €69,000 in 2022. Accountants estimated that the total loss was around €55,000, though not all of it could be blamed on Kenny, the court heard.
Prosecuting counsel, John O’Sullivan BL, described Kenny’s thefts as “relatively modest” in isolation, but, he pointed out, they were persistent and carried out in a supervisory role.
“She (Kenny) was essentially dipping into the till” week after week, he said.
Kenny made full admissions when questioned by Gardaí. Although her bank account showed no significant activity, and there was no evidence of a lavish lifestyle, her actions had lasting consequences for her employers, the court heard.
Reading a victim impact statement on behalf of Mr Cregan and his wife Mary Lane, who co-owns the restaurant, Mr O’Sullivan said the couple had decided to put their beloved restaurant up for sale.
“It has destroyed our trust in people,” wrote Mr Cregan. “We worked hard to keep the doors open and were always fair to (Kenny). This has had a severe psychological and financial toll on us both.”
Defence barrister Erin O’Hagan BL said Kenny was exceptionally remorseful and had been deeply affected by the criminal proceedings.
“She has found the process daunting. This is her first time before a court, she has no previous convictions, and her mental health has suffered as a result,” Ms O’Hagan said.
Describing Kenny’s relationship with the owners as “almost parental,” Ms O’Hagan added that the betrayal had caused Kenny deep personal anguish.
“She was married recently but spent her wedding day thinking about this day, that D-Day was going to come.”
Ms O’Hagan said Kenny had since found work in another restaurant and was trying to rebuild her life. “She wasn’t living a lavish lifestyle — she is ashamed, she’s taken full responsibility for her own actions.”
Judge Colin Daly said the breach of trust could not be understated.
“She deliberately set out to steal from friends who trusted her,” the judge said. “The cumulative effect was considerable, especially at a time when small businesses are struggling.”
While the maximum sentence for each count of theft is 10 years, the judge opted for a five-year headline sentence, reducing it to three years with two suspended. Mitigating factors included Kenny’s guilty plea, her remorse, and lack of prior offences.
“She (Kenny) financially gained and she abused the trust they placed in her,” Judge Daly concluded.
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