Hamilton Advertiser

Man stole fridge from empty flat

- Court reporter

A Hamilton man who stole a fridge and a washing machine from a council flat vacated by a neighbour has had his sentence deferred.

David Mcmahon had denied the charge of breaking into the property owned by South Lanarkshir­e Council in Donaldson Street between July 8 and 10 last year and stealing a fridge, a washing machine and a door while on bail on another matter.

But a jury found 34-yearold Mcmahon, whose address was given as Addiewell Prison, guilty of the offence by majority verdict.

However, a second charge of wilfully setting fire to furniture within the house, and causing extensive damage to the property, while on bail, was found not proven by majority verdict.

Witness Elizabeth Cairney told Hamilton Sheriff Court she had moved into the Donaldson Street flat in April 2015 with her two sons.

However, they had to move out of the fourthfloo­r flat because it was not suitable due to Ms Cairney’s mobility problems.

Ms Cairney said the council flat had a washing machine, a fridge freezer and cooker, all of which did not belong to her.

Fiscal depute Callum Forsyth asked Ms Cairney when she shut the door of her flat for the last time if the fridge freezer and washing machine were there. She said that they had been.

Ms Cairney also said she had emptied the contents of the fridge freezer and gave them to her next-door neighbour, David Mcmahon, as her new ground-floor accommodat­ion in Laighstone­hall did not have a fridge freezer.

She explained she’d been phoned by Rosie Kelly on July 10 telling her about a fire in the flat.

Police also came to her new home to ask “where I handed the keys (to the Donaldson Street flat) back and how secure it was”.

She said she had handed the keys back to the council and the washing machine and fridge freezer were there when she left the flat.

Officers returned on another occasion to ask her questions.

Ms Cairney said she got a phone call from the accused a week after she moved out. During the call she said Mcmahon had told her that he had taken the goods out of the property because the flat had been set on fire.

Mcmahon, she added, said he was looking after them to give back to the council.

Last week Sheriff David Bicket deferred sentence on 34-year-old Mcmahon until May 4, 2017, for him to be of good behaviour.

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