An Enniskillen man who stole a mobile phone from an unconscious alcoholic, who subsequently died, has appeared before a recent sitting of Fermanagh Magistrates Court charged with theft.

Before the court was Mark Peter McDermott (31) from Beechhill, Enniskillen who, upon pleading guilty to the offence was sentenced to 100 hours' community service and ordered to pay £100 compensation to relatives of the deceased man.

The court heard that on 28th June, at an address at Lower Main Street in Lisnaskea, the defendant found John Moffatt lying at the base of a set of stairs unconscious. His mobile phone was lying beside him.

The defendant took the phone and proceeded to make a number of calls.

The court was told Mr Moffatt was an alcoholic who had consumed a vast quantity of alcohol prior to his death. The phone was not recovered.

This case had previously been adjourned by to discover whether the defendant attended police station voluntarily, which the court was told he had done, although he had been spoken to previously to this by members of Mr Moffatt's family.

Defending, Garry Smyth said the defendant had pleaded guilty to this offence at the first opportunity.

He explained his client resided at a block of flats and, on the day in question, he had been going back into his own flat when he saw the phone on the ground beside Mr Moffatt. In what he described as, an 'opportunistic' action, the defendant lifted the phone

'He admitted the theft of the phone, much to his shame" said Mr Smyth.

Sentencing, Resident Magistrate Liam McNally said this case had unusual circumstances.

"There was a man lying ill on the ground and you took his phone."

However, Mr McNally said the defendant admitted the offence and sentenced him to 100 hours community service and, for the unrecovered phone, ordered he pay £100 compensation.