A man found in a car, in which property stolen from a house was found, has been jailed for 11 months.
At Naas District Court on February 7, Michael Wall (48), with an address at 47 Glenshane Grove, Belgard, Tallaght, was jailed for having the goods in his possession at Burgage cemetery near Blessington on March 15 2007.
At the outset of the case, a woman, the injured party, told the court that she and her family were away from their home.
When they got back to the house, they found that it had been robbed.
A number of Waterford Glass items were brought before the court and the woman identified some of them as hers.
Among the items stolen were photos of family members in glass frames.
The woman became emotional before the court when she said that one of them contained a photograph of her late mother. ”
I wanted that. Everthing was gone,” she said.
She went on to say that her mother had been killed in a traffic accident, by a lorry, and the photograph was particular important to her.
Her mother was only 61 years old.
The woman said that she gave no permission for the goods to be taken from her house.
Garda Sergeant Shaun Durkan then gave evidence that he was travelling in a marked Garda car that day.
He entered the cemetery at Burgage where he saw four males around a car.
He asked one of them, not the defendant, for keys to check the car.
They were given to him.
When he checked the car he found some items in the pocket of the car’s passenger seat and others elesewhere.
It was established that they belonged to the previous woman, the owner of the house.
Sgt Durkan was cross examined by Jeremy Ring, on behalf of Mr Wall.
Another man admitted to driving the car and none of the men objected to the car being searched.
Garda Andrew Curry said that at around 4pm that day they got a call about a suspicious car between Blessington and Baltinglass.
Another Garda, John Paul Kennedy, said the men could not account for the items being in the car.
Following much legal argument, including evidence there was no fingerprint evidence linking Mr Wall the to the stolen items, Judge Desmond Zaidan jailed Mr Wall, who had 48 previous convictions, including one for burglary, for 11 months.