A 19-year-old man who has been described as living in "absolute dire hardship" and committed a number of thefts while doubly on bail has been looked on sympathetically by Judge Desmond Zaidan.
Thomas McDonagh of the Big Isle, Letterkenny was before a recent sitting of An Clochan Liath District Court where he pleaded guilty to a total of five theft charges.
The court heard that on May 22 at the Clanree Hotel, Letterkenny he and others stole diesel from two vehicles by siphoning it out of the tanks. The first vehicle belonged to Mr Hugh McGee from which ¤60-worth of fuel was taken and ¤100 worth of diesel from a bus belonging to Philip O'Leary. Garda Mullins explained to Judge Zaidan that the fuel was siphoned into a plastic drum and carried away in a vehicle belonging to McDonagh.
On the same date McDonagh also stole six gas cylinders from John Crossan and Sons, business park. Garda Mullins explained that five of these were the large-type cylinders normally used by restaurants and one was a medium-sized cylinder. They had a total value of ¤820 and most of the cylinders were retrieved from the McDonagh's home at the Big Isle.
Solicitor, Mr Frank Dorrian explained that all the stolen property had since been paid for by Thomas McDonagh's mother, Kathleen.
McDonagh was also before the court on charges relating to theft of fuel from Ballyraine and Gleneany House Hotel in January of this year.
Judge Zaidan was also told that McDonagh committed these offences while released on bail from detention on previous offences for which he was sentenced in March of this year.
Mr Dorrian outlined to Judge Zaidan that the gas and fuel stolen by McDonagh was for domestic use and was not for economic gain.
Explaining his client's situation, Mr Dorrian told Judge Zaidan that McDonagh is one of twelve children who reside at a halting site and were raised by their mother under "dreadful deprivation". He added that McDonagh's father is chronically mentally ill and at one point recently there were twelve people living in one caravan. He added that matters were compounded by the fact that one of McDonagh's siblings was very badly injured and other family members are very ill and he is the only one of the family who holds a full driving licence.
The theft of these items, Mr Dorrian said, was an attempt by the defendant to provide comfort and sustenance to a family in dire circumstances by giving them heat and cooking facilities. Mr Dorrian also acknowledged that while this was an opportunistic taking it arose from a very real need.
The court heard that McDonagh's wife is also pregnant with twins, and one of the unborn children is known to have a medical difficulty. Mr Dorrian also said his client was "acutely aware" of the penalties he faced but asked Judge Zaidan to consider the immeasurable difficulties which would be "heaped on the rest of the family" if McDonagh was placed in detention.
In coming to his conclusion, Judge Zaidan noted the fact that McDonagh pleaded guilty at the earliest opportunity. He expressed reservations, however, in relation to how a family who were supposedly living in "dire hardship" were able to reimburse the people from whom they stole as soon as they were "faced with the music". Judge Zaidan also expressed his concern that these offences were committed almost immediately after the defendant had been released from detention.
Addressing McDonagh, Judge Zaidan stated he was going to impose a lengthy sentence, but would suspend it for two year provided that the defendant commits no offences whatsoever for the next two years.
The Judge remarked: "Did you enjoy your time in prison? Do you want to go after that life? You should go and get yourself a job. I am only suspending this sentence because your wife is sitting beside you, expecting twins."
Judge Zaidan reiterated: "I mean this, if you step out of line, no matter what excuse you give me, you're going behind bars."
