This article is from page 17 of the 2013-01-29 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 17 JPG
A MARRIED couple have received jail sentences after being found in possession of a stolen table at their home in Ennis last year, following a lengthy hearing during which the judge described one of the defendant’s evidence as a ‘cock and bull story’.
Martin Joyce (22) and Annie Joyce (22), both with addresses at 113 Dun na hInse, Ennis were found guilty of handling stolen property at Ennis District Court on Tuesday.
The couple, who were each sentenced to five months in prison, had denied the charge of handling stolen property at their home on June 4, 2012.
The court heard Mr Joyce has 33 previous convictions and Ms Joyce has 60 previous convictions, mainly for road traffic offences.
In passing sentence, Judge Patrick Durcan said those in receipt of stolen property often commit a more serious crime than those who steal goods.”
He added, “The message must go out that there is no incentive to carry out behaviour of this type.”
Sarah Conway of Home Gallery Interiors, Kilrush Road, Ennis gave evidence that a three legged table went missing from the store in May 16, 2012.
The court heard that Martin and Annie Joyce later admitted to being in the premises on May 16.
A garda search of their car and home at Dun na hInse, carried out on May 16, did not uncover the missing table. The couple were not charged with the theft of the table.
The court heard that gardaí called to the couple’s home on June 4, 2012 on a separate matter.
Garda Colin Egan, of Ennis Garda Station, told the court that he noticed a table similar to the one reported stolen from Home Gallery Interiors in May.
He said that when he asked the couple where they had got the table, Martin Joyce became aggressive, picked up the table and threatened to smash it.
Garda Egan added, “They didn’t tell me where they got it, how much they paid for it. They wouldn’t tell me anything about it.”
Ms Conway said that when the table was returned to the shop by gardaí, the marble top had been replaced by glass.
Ms Joyce denied that the table had been stolen, saying that it had been a present from her mother.
Judge Patrick Durcan refused an application from Defence Solici tor Tara Godfrey to have the charge against her clients struck out.
Judge Durcan said, “I am compelled to absolutely accept the evidence of Garda Egan which was quite clear.
He added, “I am compelled that the story outlined by Annie Joyce is a total cock and bull story.”
Judge Durcan said the couple were guilty of the offence.
Ms Godfrey told the court that Mr Joyce, who is currently on remand awaiting sentence for witness intimidation, is participating in a pilot programme from the Department of Justice aimed at negotiating peace with feuding Traveller families in the Midlands.
She said her client had previously suffered from a drugs problem and that his “upbringing had been one of extreme cruelty and violence.”
Ms Godfrey added, “As parents of three children they are horrified to find themselves in this situation.”
Judge Durcan said that for many businesses crimes of this nature are a “tipping point.”
He said the accused’s record of previous convictions weighed “heavily” on him.
He imposed sentences of five months each. Recogances were fixed in the event of an appeal.