Tools including bolt cutter found in car with altered number plates

A GARDA sergeant told a local court there was no “credible explanation” as to where a 20-yearold man was going and why he was using an array of tools in the early hours of the morning. Tommy Cleary (20), of Gruane, Ballyhaunis, Co. Mayo, was charged with possession of certain articles at Lavey Beg, Charlestown, Co. Mayo on August 12, 2021.

Sergeant Browne gave evidence at Tubbercurry District Court of being on patrol at 2.45am on the night in question when she stopped a black Volkswagen Golf car.

She asked the defendant for his name which he gave. She observed the front and rear number plates had been altered with the ‘09 part of the registration obscured.

And prior to stopping the car, she observed it travelling behind a van.

The sergeant said when she signalled the driver to stop initially the defendant did not, and it later transpired the van was abandoned and had been stolen in Tuam, Co. Galway, earlier in the day.

She found several items in the back of the vehicle, including bolt cutters, a machine to cut timber, a screwdriver, and a scanning tool.

The items and vehicle were seized and taken to Ballyhaunis Garda Station. Sergeant Browne subsequently interviewed the defendant on January 2, 2022, as he couldn’t get to her earlier. Prosecuting Sergeant Pádraig Cunnane submitted photos of the number plates and array of seized items into court evidence.

Sergeant Browne read the statement she took from the defendant. Mr Cleary told her in interview he was not in convoy with the other vehicle but remembered it passing him out. He said his vehicle was now scrapped.

He explained he was carrying a bolt cutter to

Ballyhaunis Garda Station, where the defendant was interviewed and seized items and vehicle were taken to.

cut bolts out of pallets and said he was carrying a machine to cut timber and possibly had a screwdriver. In relation to the scanning tool, he had never heard of one of those and said he had got it from his father.

Sergeant Cunnane questioned the sergeant for how long she had seen the vehicle in question prior to stopping it, and she answered two to three minutes.

Mr Pat O’Sullivan BL said suspecting his client and knowing he committed a crime were two different things. His client had said in his statement

the bolt-cutters was to break up pallets. Mr O’Sullivan told the court that it was a common item found in Lidl or Aldi and to demonstrate his point, he submitted into evidence a copy of a supermarket advertisement for such a tool.

The sergeant said there was no credible explanation as to where he was going and why he was using the items at the early hours of the morning.

Mr O’Sullivan pointed out his client said he was going to his girlfriend’s house in Ballina and whilst there were no witnesses, he had pulled in, stopped, and offered some explanation to Gardaí on the night.

He was a young man going about his business and travelling to see his girlfriend. Mr O’Sullivan’s submission was there no evidence before the court beyond a reasonable doubt the items were for use in criminal activity and the reference to the number plates was a red herring.

Sergeant Cunnane submitted that the editing of the plates was a clear attempt to avoid identification and the tools could be used in relation to theft of a motor vehicle.

Mr Cleary’s explanation that the saws were for cutting timber was incorrect as the blades fitted were those for cutting metal.

Furthermore, the bolt cutters were not suitable for cutting pallets – there was a simpler method to do this.

The court also heard the defendant had two previous driving offences from the UK in 2021 when he was fined a total of £250.

Judge Sandra Murphy said she had carefully noted Sergeant Browne’s evidence in relation to her detection of the incident including the altered plates.

She also noted she had received the evidence submitted into court including the photos which showed very clearly the altered plates and the number of tools seized. In addition, the defendant had admitted ownership of the car and the array of tools contained within.

There was no evidence submitted by Mr Cleary or his girlfriend and the judge questioned why he had non-suitable tools on the night.

Judge Murphy was satisfied the state had proved its case and remanded the man on continuing bail until January 25, 2023, for sentencing and to obtain a probation report.