A DISTRICT court judge has described the theft of tools from building sites as an ‘epidemic’ after hearing that a dad-of-three was found with stolen power tools in his van when stopped by gardaí in Bandon last year.
Judge James McNulty made the comment when sentencing James O’Reilly to eight months in prison for having the stolen power tools in his possession, despite his solicitor arguing that her client bought them in ‘good faith.’
Mr O’Reilly (34) of 206 Rathpeacon Road, Farranree, Cork city pleaded guilty at Bandon District Court to the possession of stolen property when stopped by gardaí on February 23rd 2023.
Sgt Tom Mulcahy told the court that at 3.50pm that day, Gda Sean O’Connor stopped the defendant’s van at Ballymodan Place in Bandon.
‘Gda O’Connor found DeWalt power tools with CB Tool Hire engraved on one of them, while he also found batteries with the same engraving,’ said Sgt Mulcahy.
‘Mr O’Reilly said the tools were his own but Gda O’Connor later found out they were stolen and the property of CB Tool Hire. They had been stolen from a building site in Cork city and were valued at €600,’ the sgt added.
The court heard that the defendant has 36 previous convictions, including 28 for road traffic offences.
Defence solicitor Myra Dinneen said her client, who works part-time in the building trade and is married with three children, would have been ‘reckless’ as to whether the power tools were stolen.
‘He met someone who offered to sell him the goods and he agreed to buy them in good faith,’ said Ms Dinneen.
Judge James McNulty asked Ms Dineen what was the name of the man selling the power tools, but she said her client didn’t know his name.
‘He asked if they were stolen and took him at his word when he said they weren’t. He should have probed it a bit more as he got them a bit cheaper. It probably sounded too good to be true. It was opportunistic, he didn’t think they were stolen,’ said Ms Dinneen.
The judge described holding stolen property as a ‘grave offence’.
‘He might have bought them but he couldn’t resist a bargain. He was reckless buying tools from someone he didn’t know who assured him they weren’t stolen,’ said Judge McNulty, who sentenced him to eight months in prison and refused to suspend the sentence as he said Mr O’Reilly has significant previous convictions.
‘Sadly, the theft of tools from building sites is an epidemic and it’s only thieves and handlers who move stolen goods.
‘It is important that those involved in the shipping, transport or handling of stolen goods be punished appropriately,’ said the judge.
Recognisances for an appeal were fixed in the defendant’s own bond of €1,000 with half of that to be provided in cash.
