‘Cat calls’ drive neighbour to take litter tray

A TRALEE woman was charged with burglary after entering a neighbour’s property and removing a cat litter tray, when the neighbour was on holidays and the neighbour’s cat began calling, Tralee District Court heard.

However, Judge David Waters struck out the charge, brought under Section 12 of the Criminal Justice (Theft and Fraud Offences) Act, 2001 after hearing the woman never intended to hold onto the cat litter tray permanently.

The court heard how “umbrage” to do with the uninvited calls from the cat may have been the motive.

Jennifer Byrne, aged 32, of Fairway Heights, Tralee was charged with entering a building known as 78 Fairway Heights on a date between October 3 and October 4, 2016 as a trespasser and committing an arrestable offence, that is theft.

During the call-over, at Tralee District Court, on Wednesday, defence solicitor David Ramsay said his client had already pleaded. The theft was of a cat litter tray and the matter had been adjourned by Judge James O’Connor for finalisation. Judge O’Connor had agreed to a strike out if Ms Byrne paid €600 to the court poor box. She had the sum in court.

Outlining the facts for Judge Waters, Sgt Miriam Mulhall Nolan said the owner of the house was away on holidays and had left a rear window open.

“This lady reached in to take the cat litter tray as the cat was continually coming in and out of her house,” she said.

Ms Byrne accepted she had no permission to enter the property, the sergeant said.

The court was told Ms Byrne took “umbrage” to the cat coming in and out so she decided to take the litter “to use it for the cat coming into her place”.

Mr Ramsay, said his client was very well-minded. She had a son with special needs.

It was one of those situations, he said. “She put her hand in through the window and took the tray”.

“She did meet the case very fairly,” Mr Ramsay said, referring to a sum of money the woman, who is on disability, was willing to offer, if needs be.

Judge Waters made a number of inquiries including what she intended doing with the cat litter tray. Sergeant Mulhall Nolan said she intended to use the litter tray while the cat was coming into her premises.

“She was going to return it when the neighbour returned,” was the sergeant’s reply.

Judge Waters then noted there she was not going to permanently deprive the owner of the property.

He was also told there was nothing to indicate the neighbours did not get on or there was any difficulty between the neighbour prior to this incident.

The judge struck the matter out. Ms Byrne woman did not have to pay €600 to the poor box.