Duo avoid prison after stealing fire-damaged goods bound for dump

Pair heard on social media that items were being thrown out

Two hapless thiefs who sped on bikes to steal fire-damaged toys from a skip after hearing on social media they were to be dumped avoided jail yesterday.

Scott Ney and Michael Pattie broke into a lock-up full of toys, children’s equipment and car seats which had been written off following a fire at the Toys R Us store on the Kingsway in Dundee.

The pair heard on social media the items were to be sent to a landfill, following a fire which tore through the shop in March.

The fire-damaged goods had been written-off by the company’s insurers and both Ney and Pattie initially believed they were not committing theft.

In fact, they claimed they had been told by a lorry driver at the Kingsway site where they would be able to find the lock-up the toys were being kept, prior to their disposal.

Depute fiscal Isma Mukhtar told Dundee Sheriff Court: “On May 3 a member of staff responsible for ensuring the premises were secure noted the door had been damaged and it looked like it had been kicked from the inside.

“On May 5 it was noted a vehicle had returned to the locus with two males inside.

“The two were confronted as they made their way to the side of the building, telling a member of staff they were just there to ‘collect something’.

“Both males had a handful of boxes and began loading these into a vehicle.”

After police were called and CCTV was viewed, Ney was identified and subsequently arrested. The co-accused was arrested shortly afterwards.

Defence solicitor advocate Kris Gilmartin, representing Ney, told the court his client was expecting his first daughter with his partner before the crime took place and he was looking for items for the baby.

He said: “I am advised from the summary of evidence that the unit contained the smoke-damaged goods written off by the insurance company, which were to be taken to landfill and had no value.

“Had they been gifted by Toys R Us then the pair would not be in court today.

“He formed the view that because these items were going to be scrapped he would not be committing an offence by taking them.”

Pattie’s defence solicitor, Lesley Beats, told the court her client had taken a similar view to Ney, but now he had been through the court process he accepted the fact this was not the case.

Ney, 25, of Moncur Crescent, and Pattie, 26, of Rosefield Street, both Dundee, pled guilty to breaking into the commercial premises of Gregory Cosgrove GRC Skip Hire on Nobel Road and stealing a quantity of prams, push chairs, toys, buggy boards and baby car seats between May 2 and 4, inclusive.

Sheriff Alastair Brown imposed a restriction of liberty order on Ney for a period of 22 weeks and deferred sentence on Pattie for four weeks for a restriction of liberty assessment.

He formed the view that because these items were going to be scrapped he would not be committing an offence by taking them. KRIS GILMARTIN DEFENCE SOLICITOR

Michael Pattie, left, and Scott Ney did not believe they were committing a crime.