File photo: Naas courthouse
A man charged with trespassing has been sentenced to 10 months in custody.
Patrick Gavin (36) with an address listed as Belcamp Lane, Coolock, Dublin 17, appeared at Naas District Court on July 11.
The court heard Mr Gavin pleaded guilty to a charge of trespass, and a charge of failing to appear in court in July 2013.
Sgt Jim Kelly gave evidence that on May 2, 2013, two males who seemed to be together, one of whom was identified as Mr Gavin, entered Fred Daly’s Garage in Two Mile House in the early hours of the morning, at approximately 12.10am.
Evidence was given that the two men were wearing gloves, and were in possession of a torch.
Gardaí got a call from a member of the public on the night about suspicious activity, and when gardaí arrived at the scene they noticed lights on in the garage.
Sgt Jim Kelly said two locks on a door were damaged to gain entry. Sgt Kelly told Judge Desmond Zaidan that the garage in question sells tractors and equipment.
“There was a bit of pre-planning here,” said Judge Zaidan. “Yes, Judge,” replied Sgt Kelly.
The court heard that Mr Gavin appeared in court in June 2013, and was granted station bail when the case was adjourned until July 24, 2013.
A warrant was issued for Mr Gavin’s arrest on July 24, when he failed to appear.
Judge Zaidan said the defendant “seemed to disappear” and “gardaí were unable to find him”.
“There were hits on my life at the time”, Mr Gavin told Judge Zaidan.
Evidence was given that Mr Gavin has previous convictions for possession of an article attempting to commit an offence, and theft.
Acting for the defendant, Sarah Connolly BL said her client handed himself up for the offence last year.
Ms Connolly said that, on the night in question, Mr Gavin was looking for scrap metal. She said he has not engaged in any offending behaviour since the incident, and is now a carer for his mother, and that his father is currently unwell. He is recently married, and has three children.
She told Judge Zaidan that Mr Gavin’s caravan was recently burnt down accidentally, and he lost all his possessions. He is now living in a caravan, owned by his father, with his 17-year-old son, while his wife and two daughters moved away, the court heard.
Ms Connolly said he is a family man, accepts responsibility for his actions, and appreciates the seriousness of the events.
She asked the court to take his personal circumstances into account.
Ms. Connolly said there was a “credible threat” on her client’s life at the time when he failed to appear in court on July 24, 2013.
Judge Zaidan said he said he was initially going to hand down a two year sentence, but took the plea and family circumstances into consideration, as well as the delay with the case and the date on which the offence took place.
He sentenced Mr. Gavin to 10 months in custody for the charge of trespassing, taking the charge of failure to appear in court into account.