THIEF’S APPEAL BACKFIRES
New Ross man stole mortuary cards and cash from 82-year-old
AN APPALLINGLY mean theft by a New Ross man who travelled to Cork city and stole an 82-year-old woman’s handbag lead to him having his jail sentence increased on appeal on Friday from six to eight months. Damien Buckley (42), of 16 Bawnmore Terrace, The Maudlins, New Ross, denied the theft but was convicted at Cork District Court and given a six-month sentence. He appealed the conviction and sentence at Cork Circuit Appeals Court. Judge David Riordan affirmed the conviction after a re-hearing. Eileen Kiely of Glasheen, Cork, has turned 83 since the crime against her and she said she had that much cash on the day for payment of property tax and other bills. She also had mortuary cards for her husband and sister in her handbag which were stolen. Judge Riordan said that the theft of such personal items was perhaps more upsetting and showed appalling meanness by the accused.
A New Ross man who travelled to Cork city and stole an 82-year-old woman’s handbag had his jail sentence increased on appeal on Friday from six to eight months.
Damien Buckley, 42, of 16 Bawnmore Terrace, The Maudlins, New Ross, denied the theft but was convicted at Cork District Court and given a six-month sentence. He appealed the conviction and sentence at Cork Circuit Appeals Court. Judge David Riordan affirmed the conviction after a re-hearing.
Judge Riordan said it was a very mean offence but that thankfully the injured party was a lady of robust disposition. Defence barrister Ronan Barnes submitted that there was no evidence directly identifying the accused and that it was all circumstantial evidence.
The judge said there was a case to answer after hearing the prosecution evidence from the main witness, Eileen Kiely of Glasheen and Detective Garda David Hickey who went through the CCTV evidence from all of the locations covered by the victim as she did her messages in her locality that morning.
Retired Detective Garda David Flynn from New Ross identified Buckley in CCTV. Buckley declined to give any evidence. Judge Riordan refused to grant free legal aid when Buckley said he had about €3,000 in savings and he ordered the accused to pay €800 compensation to the injured party.
Eileen Kiely of Glasheen, Cork, has turned 83 since the crime against her and she said she had that much cash on the day for payment of property tax and other bills. She also had mortuary cards for her husband and sister in her handbag which were stolen. Judge Riordan said that the theft of such personal items was perhaps more upsetting and showed appalling meanness by the accused. Ms Kiely said: ‘ This big fine strong man came in the passenger side and said, “I am robbing you. I am taking your bag.” He didn’t touch my messages and went off with my handbag. It was very well planned. They must be very brainy people. He had a car waiting for him. They were 100 miles an hour up the road.’
In December 2015 at Cork District Court where Ms Kiely also gave evidence she said, ‘How would they like it if their mother was robbed like that? Or any one of their family?’
Buckley has 14 previous convictions, including several for theft, two for having drugs for his own use and one for sending grossly offensive or indecent messages by phone. The convictions were from courts in New Ross, Wexford, Kilkenny and Tullamore.