Enniscorthy Guardian

Three men had items to use in burglary

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THREE men appeared before Gorey District Court last week charged with possessing items that could be used in the course of a burglary.

Myles Berry, (23), of Bay opposite 5 Labra Park, Kylemore Road, Ballyfermo­t, Dublin 10; Patrick Berry, (31), of 24 Labra Park; and Miles Flynn, (31), of the Bay opposite Labra Park, were all charged with possessing five sets of gloves; a lump hammer; vice grips; a woolly hat; and a threefoot metal jemmy bar with the intention of using it in the course of a burglary. The items were found in a van at Drumderry, Bunclody, on January 7 last.

A last-minute guilty plea was entered.

The court was told that gardaí spotted a blue Transit van, with five occupants, acting suspicious­ly at 3 p.m. on the day. They abandoned the van and ran. After a long search, four suspects were located around 4km away. In the meantime, the van was searched, and the suspicious items were found.

They were all arrested, and could give no explanatio­n or reason why they had the items in the van.

Judge Haughton was told that Myles Berry had no previous conviction­s; Patrick Berry had 16 previous; and Miles Flynn had 15, including for burglary, trespass, possession of certain articles.

The defendants’ solicitor said the trio in court were cousins, and Patrick Berry had family links to Bunclody. ‘I don’t want to underestim­ate the trouble these gentlemen are in, given their record,’ he said, referring to the two older men. ‘It was in the afternoon where they had no reasonable reason to be. It is a bad record, but there are worse records.’

He admitted ‘they were going equipped to commit a serious offence.’

He said Myles Berry with no record was asking to be given a chance. He said the position was more serious for the other two defendants but pointed out they could have contested the case. ‘The fact that they haven’t does reflect some maturity on their part,’ he said.

He said they decided to plea because of their family, and added that they have since done Fás courses.

‘They have both worked in the past, but there have been times where they have taken the easy option to get money,’ he continued. ‘They haven’t been in trouble since.’ He asked the judge to consider giving them a chance.

Judge Haughton gave Myles Berry a six-month sentence, suspended on condition he enter a bond to keep the peace for 12 months.

He sentenced Patrick Berry and Miles Flynn to ten months in prison, suspended for two years on condition they stay out of trouble during that time.

Thomas Berry, (24), of 5 Labra Park, Kylemore Road, Ballyfermo­t, who is facing the same charge, failed to turn up to court, so a bench warrant was issued for his arrest.

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