Man guilty of intent to steal Sentence deferred after jury’s verdict

A jury found a Hamilton man guilty this week of entering a neighbour’s flat with intent to steal.

James Belk, of Kenilworth Crescent, had denied a charge of breaking into the 86 George Court address occupied by Joseph Springett and stealing metal between January 30 and February 4 last year at the outset of a trial last week.

However, on Tuesday morning at Hamilton Sheriff Court, the jury returned a verdict of guilty by majority on an amended charge.

At the close of the Crown case the fiscal depute deleted mention of stealing copper piping and replaced it with ‘intent to steal’ – and before returning their verdict the jury deleted mention of breaking into the flat, replacing it with ‘entering’ the flat.

Questioned by fiscal depute Paula Russell during the trial, constable Kairen Swan explained she attended at Mr Springett’s home on February 4 with colleague Andrew Ritchie.

Mr Springett was present when they arrived and several floorboards in the property had been uplifted.

The front door was open, she said, and radiators were also “hanging off the wall”. Constable Swan added floorboards had been “ripped up along the full hallway”.

She said piping was missing from the living room and kitchen, but she did not go into the bedroom.

Constable Swan said she could not remember the condition of the bathroom floor.

She instructed scenes of crime officers to attend and did not play any further part in the matter.

Questioned by Belk’s solicitor Jackson Bateman, constable Swan accepted that the flat’s door had been broken.

She thought it would have been difficult to force open the door with a kick and tools would have been required.

The court also heard evidence from constable Ruaridh Darroch who had interviewed Belk following the incident. Belk had denied knowing anything about number 86 George Court. Entries from constable Darroch’s notebook were read out to the court. According to notes, Belk had accepted that he lived at number 89 along with his partner Christine Hamilton, and had access to the common close.

However, when questioned by constable Darroch about the piping, Belk was said to have replied: “I didn’t take any copper piping.”

After the jury returned their verdict, Sheriff Vincent Smith deferred sentence on 37-year-old Belk until June 21 for a criminal justice social work report and a community payback progress report.