Man put on probation after a bungled robbery at bookies
A man who tried and failed to rob a bookies in Collooney last September has narrowly avoided spending Christmas in prison after vowing to mend his ways.
Brian Duke (37) of Cois Abhainn, Collooney, delivered a lengthy speech to Judge Kevin Kilrane pleading for mercy at his sentence hearing at the District Court last Thursday.
But beforehand, the court heard evidence from the driver of a van who Duke tried to turn into his getaway driver after the botched robbery attempt.
Sean Nicholson was sitting in his van working on his laptop when he was suddenly drawn into the drama.
He saw Duke approaching his van and thought he was going to ask him about broadband, something which he said people often did.
“He got in and pushed my stuff over and asked me to drive,” Mr Nicholson told Judge Kilrane.
“I said no. The situation took a few seconds to sink in, that he was trying to hijack the van.
“I got out and brought the keys with me and shut the door,” he said.
“I then saw the Garda car coming with blue lights flashing. It was scary,” he said.
When asked by the Judge if he had been traumatised by the incident, Mr Nicholson said he was now very cautious about leaving the door of his van open and of anyone approaching it.
Prompted by his defence solicitor Mr Tom MacSharry, Duke apologised in court to the van driver.
“Mr Nicholson, I have stopped people before when I had drink taken and asked them for lifts. I had drink taken that day.
“I sincerely apologise if it caused you any fear that day,” he said to the witness.
Sergeant Derek Butler said that minutes before Duke tried to use Mr Nicholson’s van as a getaway car, he had entered Pyramid Bookmakers in Collooney at 3.25pm on 24 th September, with his face covered and socks on his hands.
Duke demanded money off the woman, who was pregnant, and she was “put in fear.”
A qualified electrician, Duke was seen on CCTV trying to get in a side door but it was locked so he fled the scene.
He was later identified on CCTV. Mr MacSharry said his client was “heavily intoxicated” at the time and was not armed with any weapon during the attempted robbery.
The court heard Duke has 12 previous convictions from Sligo, Boyle and Galway courts.
Duke been on remand in prison since 26 th September because while granted bail in the High Court, he was unable to meet the surety set.
Sgt Butler said the woman from the bookmakers was present in court earlier but was unable to stay as she was heavily pregnant.
Duke told the court he would “like nothing more” than to apologise to her.
In his speech which he read out to Judge Kilrane, Duke said he was “perfectly ashamed” of his actions that day.
He said he had spent an “immeasurable amount of time soul-searching in prison” and had now developed a “mature outlook” on life.
“I have put a lot of time and effort into my education to become an electrician, and into my family and child at home. I have worked on some of Europe’s largest gas fields,” he said.
“I have a beautiful woman and a young son. That is my motivation. I hope to have my own company as a contractor in the years to come. I cannot apologise enough,” he said.
“Would you like to apologise to her (the cashier),” asked his solicitor Mr MacSharry.
“I would like nothing more. What’s her name?” asked Duke.
“What came over you?” asked Judge Kilrane. “I have no excuse. I was abusing alcohol. I suffer from depression from time to time and am taking medication. I didn’t know what I was doing,” he said.
“I think you’re an alcoholic,” said Mr MacSharry.
Duke agreed but said he was now “clean and sober” and just wanted to get his life back on track.
“I’m an electrician. I work for Google, Facebook and wind farms all over Europe.
“I’ve analysed myself in the last three months,” he said, adding that being in prison was a “blessing in disguise.”
He also agreed with Mr MacSharry that if Community Service was an option to be considered by the judge he “would love nothing more than to give back to the community.”
In summing up, Judge Kilrane said the attempted robbery in particular was “very serious, to go in, in disguise and demand money.”
“We live in dangerous times. The manner of attack on the premises puts that person in fear for her safety and perhaps for her life.
“We have some serious criminals in this country and the threat of a person coming in with their face covered - a person could fear the worst,” he told the court, adding that he hoped the cashier had been able to move on with her life.
“Equally Mr Nicholson, who was doing his notes in his van seemed very grounded and sensible, he didn’t panic. A more nervous person would fear this car-jacking.
“He is still somewhat puzzled by the thing and he is a victim but approached it in a very sensible way. I admire him for his calm - he simply got out and took the keys with him,” he said.
Judge Kilrane said the aggravating factors in the case were obvious and in mitigation, he said he was impressed by Duke’s speech and accepted he was “out of his mind” with drink that day.
He described the attempted robbery as “irrational” and pointed out that it was not followed up with any sort of violence.
Judge Kilrane then said he would put Duke on a probation bond for 12 months on condition he abide by the directions of the Probation Officer, adding: “this man should not consume alcohol. Not a spoonful. It doesn’t agree with you.”
“You could face five years in prison if this came before the Circuit Court,” he warned Duke.
“You’re a qualified man with a good trade. You should immerse yourself in work,” he said. “That’s what I intend to do,” said Duke. “Do you partake in any illegal drugs?” asked the Judge. “Not any more,” replied the defendant.
Judge Kilrane then ordered Duke not to take any illegal drugs as part of his probation bond.
“You’ve earned your qualifications the hard way. Don’t ruin your life,” he added.
Duke was earlier remanded on bail for a separate charge of assaulting Ms Nicky Millar, to Sligo District Court on 24 th January 2019 and again on a separate charge of criminal damage and Public Order offences in the Harp Tavern last May 12 th, to a sitting of Sligo District Court on March 7 th.