Radio DJ Nikki Hayes spared jail and conviction in €15000 money ...

Nikki Hayes was in debt and at “rock-bottom” in her personal life when she agreed to let “smishing” text scammers use her account to launder the money, for a €2,000 fee she never got.

Judge Martina Baxter said the appropriate sentence was 18 months but instead discharged Hayes under the Criminal Justice Act at Dublin Circuit Criminal Court today.

The judge said she was doing this after hearing the accused completed drugs and alcohol rehabilitation and repaid €2,000 in compensation that had been outstanding.

Jude Baxter said it was a serious offence, but Hayes had been "reckless" in her role and had got "no actual remuneration."

Hayes (44), whose real name is Eimear Black O’Keeffe, pleaded guilty to possession of the proceeds of crime.

At an earlier pre-sentence hearing, Detective Garda Neill Gavin said that on November 5, 2020, a scam victim clicked on a text message link that led to three sums of €2,600, €2,400 and €10,000, totalling €15,000, being transferred from his account into O’Keeffe’s.

The money was withdrawn by Revolut and by ATM at Liffey Valley over 24 hours.

A “blonde lady” was present at the withdrawals but this was not the accused.

Some of the money was “clawed back” but a loss to the bank of €2,000 had been outstanding. Gardaí “didn’t have any difficulty” tracking down the accused and she cooperated.

Hayes told gardaí she had “fallen on hard times”, somebody had made contact with her and she allowed her account to be used. When she saw the transactions begin, she was pressured to let them continue. She denied she withdrew the money.

Gardaí accepted she had “no hand act or part” in the actual scam and her only prior convictions were for minor motoring offences.

Her barrister, Keith Spencer, said Hayes had been in €53,000 debt, owing money to various institutions including the bank and RTÉ, while her marriage had broken down.

Hayes was given a late diagnosis of bipolar or personality disorder, having struggled with her mental health for many years.

She had been “off her meds” and drinking to excess at the time of the offence.

A former friend told her there was an “easy way to make money”, put her in touch with “an individual on Snapchat” and Hayes handed over her bank card and details, Mr Spencer said.

She was alarmed when she saw the irregularities, but when she told the fraudster she would tell the gardaí there was a threat to burn down her home. Hayes had been told she would get €2,000 for her part in the offence but never received any money.

“She was a genuinely vulnerable individual who was taken advantage of,” Mr Spencer said.

Hayes had built up a successful career in radio over many years, including working for RTÉ, Spin 103.8, Classic Hits and East Coast FM.

That had now “crashed and come to nothing” and she had suffered the “ultimate penalty” with the loss of her career, Mr Spencer said.

Hayes was remorseful, had completely overcome her addictions issues, was abstaining from alcohol and drugs and was complying with her prescribed medication, Mr Spencer said.

Today, Mr Spencer said Hayes was now in further education, studying health and wellness and had not come to any further garda attention.

She had made "significant changes" to her life and put in place structures to ensure she would not go down the road she had travelled in the past.

Judge Baxter noted that a probation report stated that Hayes had reduced her risk of reoffending substantially, which was "to her credit." She had changed her life and her rehabilitation was "impressive."

The judge said she was satisfied the accused had attended to "all the matters that she was to attend to".

Mr Spencer said Hayes had experienced an "outpouring of compassion" from the industry she had been involved in.