Kerry man handles stolen phone after meeting robbers in Dublin

Padraig Conlon 02 Jul 2021

By Fiona Ferguson

A Kerry man visiting Dublin was handed a stolen mobile phone by a man who had offered to supply him with drugs after the car they were travelling in was stopped by gardai, a court has heard.

David O’Neill (26), who received a suspended sentence for handling stolen property, told gardai he was thankful gardai had arrived as he feared the men in the car, whom he had just met, were about to rob him next.

Dublin Circuit Criminal Court heard O’Neill was struggling with addiction at the time and had travelled to Dublin to obtain drugs. He has since engaged with rehabilitation and is clean of drugs.

O’Neill, with an address at Baile an Eanaigh, Ballyferriter, Kerry, pleaded guilty to handling a black Samsung Galaxy S9 mobile phone knowing or being reckless as to whether it was stolen at Marrowbone Lane, Dublin 8, on January 15, 2020.

Judge Melanie Greally noted O’Neill was a visitor to Dublin on the morning when he encountered the perpetrators of a robbery, found himself in their car and in possession of a stolen phone.

She noted he had given a full account of how he came to be in the car and was in no way implicated in the robbery but accepts he was in the car and handled the phone at a critical stage.

Judge Greally noted his nine previous convictions were drug related and he had a significant addiction.

She said it seemed this offence has been a trigger for a program of rehabilitation for the young man assisted by his parents which had added stability to his life. She took into account he was working, attending Narcotics Anonymous (NA) and in a stable relationship.

The judge noted the remorse in his letter to the court, that the phone had been returned to the injured party and that he had also brought €900, the value of the phone, to court.

She said she considered his culpability to be at a low level for an offence of this type.

Judge Greally gave him credit for his guilty plea and the fact he had no previous convictions for offences of dishonesty. She took into account his youth and personal circumstances, including difficulties in school and with mental health.

She noted the efforts he has made to address his significant history of addiction.

Judge Greally imposed a nine month sentence which she suspended in full on conditions including that he continue to attend NA and that the €900 be handed over to the injured party or a charity of his choice.

Detective Garda Cathal Ryan told Fiona Crawford BL, prosecuting, that the injured party had been on his way to work when someone put their arms around him from behind and demanded money. The victim said there were two men involved and they took his phone, leaving him on the ground.

He said the two males, both with Dublin accents, headed off in a car. The injured party went to Kilmainham Garda station and made a complaint.

Det Gda Ryan said he went on a search of the area and stopped a car with three occupants at Marrowbone Lane. He said he asked them for their details and while awaiting the arrival of a garda car observed a male in the front hand a black phone to O’Neill who was in the rear of the car.

He said he arrested the men and brought them to Kevin Street Garda. He said O’Neill was completely compliant with gardai while the other two men were very violent.

O’Neill outlined to gardai that he was from Kerry and had just been picked up by the men, whom he did not know, in the vicinity of Dame Street very shortly before they were stopped by garda.

The garda agreed with Ms Crawford that O’Neill had been an active drug user. He said the explanation he offered gardai was he had got into the vehicle with the men who offered to supply drugs to him.

Det Gda Ryan agreed with Cathal McGreal BL, defending, that O’Neill told gardai he was thankful that they came because he was under the apprehension that he was next to be robbed by the men.

He agreed that O’Neill’s purpose in travelling from Kerry was to obtain drugs. He agreed O’Neill is not under current garda attention and has abided by all his bail conditions.

Mr McGreal handed in a letter written by O’Neill and said he has struggled with addiction since 2015. He outlined the efforts his client has made at rehabilitation since this offence and said he has been clean of drugs since February 2021.

Counsel said O’Neill is working in Cork and brought compensation to court. He asked the court to extend “that one chance” to his client.

Related News