This article is from page 14 of the 2009-04-21 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 14 JPG
AN ALLEGED burglary of a house in west Clare centered on a finger- print found at the scene, a court has heard.
Bartosz Ksiazkiewicz (24), of Cui- snace, Cappagh, Kilrush, denies a charge of burgling a house at Clo- verhill, Moyadda, Kilrush, in June 2008.
Inspector Tom Kennedy told Kil- rush District Court that the case cen- tered around “a fingerprint that was found at the scene of the burglary”.
A woman told the court that when she returned to her home at Moyadda, Kilrush, on the date in question, she initially did not realise the house had been burgled, “‘as there were no visu- al signs at the time.”
However, she later realised that a computer, camera and mobile phone were missing. No damage had been caused.
She said the defendant was known to her husband and he had been in her house previously.
Defending solicitor Michael Ryan put it to her that it would have been difficult for an average-sized per- son to fit in the rear window — be- lieved to have been the point of entry – which was quite small. “I would,” she replied. Mr Ryan said, “A rea- sonably grown man would find it dif- ficult to.”
Garda Lorraine Mongan, a scenes of crime examiner, told the court she carried out a technical examination at the house.
She said she placed magnetic ink on the glass frame and on the window frame and marks developed on those frames. She lifted them onto cards, using adhesive tape and they were then sent to the fingerprints section of garda headquarters for analysis.
She said that one of the fingermarks “would be consistent with someone putting their hand on the interior frame and pulling themselves in.”
However, Mr Ryan said that no
palm print was found. “What was found by the State was one forefin- ger mark and that doesn’t constitute to me as a man pulling himself in,” he said.
Detective Garda Raymond Kane, of the fingerprints section at garda headquarters, examined the finger- prints from the lift cards.
He said there were four lifts. Marks on two of them were not belonging to the accused; the third was conclu- sively identified but did not reach the standard for presentation of evidence in court and the fourth matched a fin- gerprint taken from the accused.
“T have found the minimum of 12 characteristics between the finger- print on the left forefinger of Bartosz and the fingermark found on the lift
card from Cloverhill, Kilrush. I’m satisfied beyond all doubt that finger- print was made by the same person,” said the garda.
Mr Ryan said that his client had been “in and out of that house, was in the kitchen, sat there and opened the window.”
The solicitor said that the items that were stolen were never recovered and were never connected to his client.
He said the presence of “a finger- print is not wholly convincing. It would be different if fingerprints were found on the outside or other rooms.”
The defendant, who has lived in Ire- land for the past year, told the court he had visited the house in question CLIK ato
Asked how his fingerprint was found on the window frame, he said he did not know, but that it may be because he had opened the window. He said he did not break into the Te) b ister
Mr Ryan said, “I don’t think the State has established a case beyond reasonable doubt. There has to be some niggling littl doubt. There wouldn’t be if he had never visited the house or if he had never been in the kitchen, but he was on a number of occasions.”
Judge Joseph Mangan adjourned ruling on the case until next month.