Youth found guilty of trespass at Hickey’s Pharmacy
A TEENAGER has been found guilty of trespass at a Tallaght pharmacy during the snow in March.
Luke Wilson was also found not guilty of theft and criminal damage.
Wilson’s girlfriend, Shauna Roe, was also found not gulty of theft, trespass and criminal damage.
Wilson, aged 18, with an address at Birchwood Heights, Tallaght, and Roe, aged 26, with an address at The Commons, Duleek , County Meath, had pleaded not guilty to trespass and damaging a rear door at Hickey’s Pharmacy, Fortunestown, Tallaght, on March 3, 2018.
They had also pleaded not guilty to stealing two Yankee candles worth €60 from Hickey’s Pharmacy on March 5, 2018.
Garda Peter Egan told the court that on March 3 last, he responded to a call about intruders at Hickey’s Pharmacy. He said it was during the big snowfall and when he arrived at Hickey’s there was no one there.
He said he later received CCTV footage which showed two people pushing at a fire door and trying to get into the pharmacy.
Garda Egan said Roe and Wilson returned a short time later with a third male who had a consaw.
He said Wilson then used the consaw to try to open the door. Garda Egan said he identified two of the three individuals as Wilson and Roe.
Sergeant Kieran Kilcoyne told the court that he identified Wilson and Roe as being in the pharmacy. He said he was “100 per cent” positive that Wilson was the man trespassing at the back of the pharmacy on March 3.
Beverly Metcalfe, the manager of Hickey’s Pharmacy, said that on March 3, she got a call from Hickey’s and from the gardai that there had been an alarm call at the shop.
She said she walked over to the shop with a work colleague and they met two gardai. Ms Metcalfe said she looked at CCTV which showed three individuals at the back of the shop, one of whom was holding a consaw.
She said that on the following Monday, March 5, she was in the shop when Wilson and Roe entered. Ms Metcalfe said Roe went up to the counter and Wilson stood in the shop. She said she saw Wilson pick up two Yankee Candles and put them under his jacket and then leave the shop.
Counsel for Wilson, Stephen Montgomery and Roe’s solicitor, Stephen O’Mahony, applied for a direction on the theft charge that there was no evidence of ownership given by the prosecution.
Judge Patricia McNamara dismissed the theft charges against both accused.
Mr O’Mahony argued that there was no evidence of proper identification of Roe at the back of the pharmacy on March 3.
Judge McNamara dismissed the remaining charges against Roe and the criminal damage charge against Wilson.
She said Wilson had a case to answer on the trespass charge.
Wilson said that on the March 3 last, he had been at home keeping an eye on his girlfriend, Roe, who had just had a miscarriage.
He said: “My mother told me to look after Shauna.”
Under cross-examination from Garda Egan, he denied being at the back of the pharmacy.
He told Garda Egan that he doesn’t wear “bright jackets”.
Judge McMcNamara said she didn’t find Wilson’s evidence credible and she found him guilty.
Garda Egan said Wilson had nine previous convictions.
At Athlone District Court on January 24 last, he had been fined €250 for theft.
At Tallaght Court on June 17, he had received a two-year ban for no insurance.
Mr Montgomery said Wilson is working in a warehouse.
Judge McNamara told Wilson that she had found him guilty on the trespass charge and not guilty on the other matters.
She told him: “You need to stay out of trouble.”
She remanded Wilson on bail to a date in February for a pre-sentence report on the trespass charge.
