This article is from page 31 of the 2009-02-24 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 31 JPG
A DISPUTE between a furniture shop manager and a member of staff led to the employee stealing more than €3,000 worth of furniture from the store.
As aresult, the now former employ- ee was charged with five offences in connection with the disappearance of the furniture from the shop, in NJ erveveeyee
Brian McDonnell went in at night and took an assortment of furniture from his former employer at Smith- town Furniture.
McDonnell (25), of Lismorris, Cuthar Rea, Lissycasey, admitted entering the premises as a trespasser and stealing a television unit and cof- fee table, valued at €719, between November | and 6 last.
He pleaded guilty to stealing a nest of tables, six chairs, two coffee tables, a coat stand, recliner chair, foot stool and two lockers – valued at €1,773 – from the premises between October 1, 2006 and October 1, 2008.
He also admitted stealing a nail gun, valued at €7/50, between No- vember 7 and 12 last.
He also admitted entering the premises as a trespasser with intent to commit theft on November 21 Ee
Garda Bryan McCarthy told Shan- non District Court on Thursday that he arrested the accused on February 12 last. He did not make any reply when five charges were put to him. Defending solicitor Tara Godfrey said her client was pleading guilty to WSO ENE one
Inspector Tom Kennedy, prosecut- ing, said there were a number of charges of theft.
He explained that the total value of the property taken was €3,242. While it was recovered, it had to be resold as second-hand property and €1,246 was outstanding. “It tran- spired furniture was disappearing from the shop,” he said.
Garda McCarthy told the court that the accused had been employed for a number of years at Smithstown Fur- niture World, Smithstown, Shannon,
which was the injured party in the case.
He said McDonnell’s employment had ceased in September or Octo- ber last and subsequent to that “‘it’s alleged the shop was burgled four abe stone
“Since he was an employee, he still had a key. He used to open the front door and disarm the alarm and remove items of furniture from the shop,” he said.
“We viewed CCTV and we ob- served Mr McDonnell. He had his
van parked at the back,” he said.
‘As far back as two years, a certain amount of furniture was stolen from the shop,” he added.
Gda McCarthy said the property was for the defendant’s own use. He said that between October 1, 2006 and October 1, 2008, other items had been taken and were found on the de- fendant’s own property.
However, Ms Godfrey said her cli- ent would refute a large part of what the garda had said.
She said that her client – who has
no previous convictions – had been friendly with his employer Noel Justice for many years and they had gone on holidays to Orlando together with their families last June.
However, the relationship between the two men broke down after that and she said her client had since “walked out” on his job.
“Mr McDonnell will say he gave Noel Justice €2,000 in May of last year, in consideration of furniture,” she said. Gda McCarthy accepted that that had been said to him and
said that when the accused was ques- tioned initially, he told gardai that a dispute between himself and Mr Jus- tice had been behind it all.
Ms Godfrey said her client discov- ered that stamps had not been paid in respect of his employment and “un- der tremendous pressure” he went to the premises and took the furniture.
“My client had become so annoyed, so antagonised by the situation, his judgment was clouded. He accepts he shouldn’t have dealt with it in the way he did,” she added.
“He is mortified. He is embar- rassed. He is upset. Everything that was taken was recovered. My client has instructed me to pursue Mr Jus- tice separately for the €2,000,” she said.
“To use a colloquial term, he lost it. He felt that Mr Justice was not giving him satisfaction in any respect. He took the furniture, which in his mind was rightfully his. He should have taken a case against Mr Justice for either the money or the furniture,” added Ms Godfrey.
Noel Justice then took the stand and asked by Judge Joseph Mangan had there been a dispute, he said, “Yes.” Referring to the €2,000, he said that the accused had received furniture to the value of €1,520 and he had noti- fied him that a voucher for €480 was available for him in the shop “when he returned the items he had taken. . . He wasn’t happy with that.”
Ms Godfrey put it to Mr Justice that her client had €1,316 in court and that would ensure the witness would not be at any loss. He replied, “Td much prefer to seek legal advice off my own solicitor before I could decide what I could do.”
The solicitor said her client was well respected in his community.
Judge Mangan imposed a fine of €300 on one of the charges and took the others into consideration. He fixed a bond in the event of an ap- peal.