This article is from page 23 of the 2011-04-19 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 23 JPG
A JUDGE has described the theft of heating oil from homes and businesses as a “particularly mean crime” and one that is on the rise.
Judge Timothy Lucey made the comments at Ennis District Court last Wednesday where he imposed a three-month suspended sentence on a 19-year-old man.
Stefan Coustrain, with an address at Ashline, Shanaway Road, Ennis, pleaded guilty to his involvement in the taking of € 872 worth of heating oil from a crèche near French Court, Clon Road, on February 14 (2011).
The oil was recovered by Gardaí at the scene. Garda Ross Garvey told the court that at around 2am on the night in question, Gardaí received a report of two men acting suspiciously in French Court.
He said that when Gardaí arrived, they observed two men hiding in bushes. He added that there was a “very strong smell of kerosene” off the men’s clothes. Gardaí subsequent- ly discovered six five-gallon drums of oil concealed in the bushes. The court also heard that a pipe leading from the tank had been damaged.
Detective Garda Paul Crowley, who examined the tank, told the court that the process of removing the oil “would’ve happened several times”.
The court heard that the accused, who has two previous convictions but none for theft, made a full admission to taking the oil.
Inspector Tom Kennedy explained that the other man involved in the incident had yet to appear before the court.
Solicitor for Mr Coustrain, Tara Godfrey, told the court that her client, a trainee chef, had been led to the location by another man. She said her client had not profited from the incident and that all drums have been recovered.
Ms Godfrey added that the man had received quite a “bad shock” from his run in with the law.
“Having had a brush with the dark side, he doesn’t want to go down that road,” she said.
Judge Lucey said that if oil had been spilled on the ground as it was being taken from the tank, then the defendant could have been liable for thousands of euros worth of damage.
Garda Crowley told the court that there had been “little or no spillage on the ground”. He added that the tank had been filled on the previous Friday.
Referring to the involvement of another man, Judge Lucey said that Mr Coustrain “knows what is going and should be coming cleaner”.
He said the theft of home heating oil is a “particularly mean crime” and one that is on the increase. He said people who commit this type of crime must understand that they face a potential jail sentence for doing so. He added, “This is something that must stop. It is a popular crime.”
He imposed a three-month suspended sentence and ordered Mr Coustrain to pay € 500 in compensation to the injured party.