A man who admitted using a false name to make a passport application in a “very unusual case” has been ordered to carry out community service in lieu of a prison sentence.
Monday Augustine (52) pleaded guilty to using false details to make a passport application at the Dublin Passport Office, Lower Mount Street, on May 5th, 2019. Augustine, of Metropolitan Apartments, Inchicore, Dublin 8.
He further admitted making a false statement as part of a citizenship application at Mary Henry Solicitors, Clontarf Road, on April 12th, 2007.
At a previous sentence hearing, the court heard that Augustine, originally a Nigerian citizen, arrived in Ireland in 2002.
He claimed to be a Liberian national and sought asylum under the false name John Augustine Sawyeer. He lived for several years in a Direct Provision centre in Killarney.
Augustine’s asylum claim was discontinued and he married an Irish citizen in 2004, before being eventually granted Irish citizenship in September 2008.
David Perry BL, defending, said that as Augustine’s Christian faith deepened following a religious experience in 2018, his client realised he needed to clear his conscience and “put things right as to his true identity”.
The court heard that Augustine wrote a letter to the Irish Naturalisation and Immigration Services in October 2019 explaining the full circumstances of his arrival in Ireland and stating that his real name was Monday Augustine.
Judge Orla Crowe previously commented that this was a “very unusual case” with an “unusual factual nature”.
She noted Augustine had originally come to the jurisdiction using a different name, but he had “come forward” to identify his real name. This was a “serious matter but highly unusual”, the judge said.
Judge Crowe said Augustine had “participated in Irish society in a significant way”; however, it was the court's view that he “owed a debt to society at large”.
She previously directed the Probation Service to assess if Augustine was suitable for community service.
On Wednesday, Judge Crowe ordered that Augustine carry out 240 hours work in the community, within two years, in lieu of an 18-month prison term.
She said a report from the Probation Service had concluded that Augustine was a suitable candidate for community service and there was suitable work available for him.
At the previous hearing, Mr Perry said Augustine was a devoted member of the Christ Life Church in Walkinstown and goes onto the streets to spread the good word. He also takes part in charitable works.
“He had no ulterior motive other than wanting to get his conscience clean. He is a deeply religious man,” Mr Perry said.
Garda Derek Thompson told Fiona McGowan BL, prosecuting, that Augustine used a falsified Liberian birth certificate in the name of John Augustine Sawyeer to marry an Irish citizen in 2004.
He used the same false birth certificate to apply for Irish citizenship in April 2007.
Augustine was granted citizenship in September 2008 under the false name and then again used the false birth certificate to apply for an Irish passport, which was issued in 2009.
When this passport’s ten-year lifespan expired, Augustine made another passport application in May 2019.
Augustine’s marriage broke up, and the couple divorced in 2010. The court heard that he wanted to get married again to the mother of his now 19-year-old child and decided, due to his deepening Christian faith, to bring the issue of the false name to the authorities.
After his letter to the Irish Naturalisation and Immigration Services, which included his Nigerian passport, Augustine met gardaí by appointment at his workplace and was arrested.
Garda Thompson said Augustine showed “very high levels of cooperation” and was polite and remorseful. He made full admissions and indicated his intention to plead guilty from the start, the court heard.
Augustine has no previous convictions in Ireland or in any other jurisdictions.
Defence counsel said Augustine has never claimed any social welfare benefit and has worked for over 20 years in Ireland, initially as a kitchen porter and an Evening Herald seller.
For the past 18 years, Augustine has worked for a cleaning company in Clontarf, and letters were presented to court from his employer and several colleagues, all speaking very highly of him.
Augustine’s 19-year-old son, a professional basketball player who has represented Ireland, also wrote a letter for his father, along with leaders of his church community who described him as “a man of integrity and good character; well-respected by all members”.
The court heard that Augustine earns €482 per week after tax and continues to send money home to support his family and younger siblings.
A probation report placed Augustine at low risk of reoffending and described his work and his church service as underpinning his pro-social lifestyle.
Garda Thompson agreed with counsel that Augustine was very unlikely to come to further garda attention.
