A district court judge has spoke of her regret that a longer sentence could not be imposed on a man who committed a day-time burglary at the home of an elderly woman, putting her in fear, when they met face-to-face in the kitchen.
Noting that Hipolito Barreiro is already serving 22 months in jail for a separate matter, Judge Mary Fahy expressed her frustration at having her hands tied by the system which prevented her imposing a further sentence of more than two months for a case heard before the district court.
Barreiro (39 ) with an address at 2 Monivea Road appeared before Galway District Court last week charged with entering a building on the Monivea Road, with intent to commit theft, contrary to Section 12 of the Criminal Justice (Theft and Fraud ) Act 2001, and with the theft of a cheque, valued at €440 on March 12, 2012.
Inspector Sean Glynn told the court that the Director of Public Prosecutions has consented to the matter being dealt with summarily on a plea only. He then told the court how shortly after midday Barreiro entered the house while a 75-year-old woman was present. Soon after her husband had left the house the injured party noticed that the kitchen door was ajar and when she went to investigate she found Barreiro standing there. After being disturbed the defendant immediately left the scene. Inspector Glynn added that although no violence had been used, the injured party had been very fearful. He further explained that Barreiro had managed to gain access to the upstairs bedroom, had taken a checkbook, and had written a blank cheque which he cashed using his own ID.
Defence solicitor Sarah O’Dowd then reminded Judge Fahy of the medical problem suffered by her client, including an amputation following an accident, and that this had contributed to his offending. Ms O’Dowd added that Barreiro, a native of Spain, is spending his time in custody well and made a full admission in relation to this matter. However, dismissing this Judge Fahy said: “I have seen all the medical records before. This is a very serious charge. The most I can give is two months. He is literally getting away with it and there’s nothing I can do about it as that’s the way the system works. One of the most serious offences is to go into someone’s house, particularly where there is an elderly person. He did get his quarter from this court because of his difficulties. He can’t say he didn’t get a chance.”
Inspector Glynn then explained that when confronted and asked what he was doing in the house Barreiro told the woman that he was looking for her husband, giving his name. He added that the defendant may have seen the name on a letter or something else and deliberately attempted to deceive the woman.
“That just shows his level of deviousness,” said Judge Fahy before adding that Barreiro, who has 22 previous convictions, had been living near there at the time and had more than likely been observing the house.
Judge Fahy convicted Barreiro for the burglary charge and sentenced him to serve a further two months on the termination of the sentence currently being served. For the theft charge Judge Fahy imposed an eight month sentence which was suspended for two years on condition that he enter into a bond of €500 to be of good behaviour, stay away from the premises, and any witnesses.
