A Moate man who tried to sell a lorry to the man from whom it was stolen eight months previously was jailed for five months earlier this week.
Patrick Byrne (39 ) of Knockdomney, Moate was up before Judge Aeneas McCarthy at a special sitting of the District Court in Athlone last Monday (September 29 ) after the man from whom it was stolen spotted it in an Autotrader ad.
The court heard that a Mr Audias Putrekas had paid €3,600 for an Iveco truck in the north of Ireland 18 months ago and had parked it on his return in Mullingar.
When he checked on it two days later it was gone and he reported this to the local gardai.
“Tell us about the advertisement in the magazine?” asked Inspector Paul Cuttle for the prosecution.
“It was Autotrader,” said Mr Putrekas.
“I saw picture of lorry [sic] and recognised my lorry.
“The number was in Athlone, I went to Athlone and saw my lorry on the N6 road.
“I checked the chassis number, I had my documents and I went to the detectives”.
“Did you meet anyone?” asked Inspector Cuttle.
“That man,” said Mr Putrekas, pointing at the defendant.
“How much was asked for it?” asked the inspector.
“€1,500. I had paid €3,600 a year and a half before”.
He told the court he identified his lorry to the defendant and then went to the Gardai.
Mr Putrekas then handed in his vehicular documents to the court although he admitted he didn’t have the invoice with him, as it was still in Lithuania.
Next in the stand was Detective Garda Christopher Brown who had been on duty on February 28 last when Mr Putrekas came in to complain.
“I went to the scene and the truck was parked beside a thatched cottage on the N6 with other vehicles,” said Det Garda Brown.
“The defendant Mr Patrick Byrne turned up afther the previous witness called him. I approached him and informed him I believed the vehicle was stolen.
“There were no registration plates. The defendant came voluntarily to the station but was unable to clarify the situation so I arrested him under Section 4 of the Criminal Justice Act”.
“Did he say how he came to have the truck in his possession?” asked Inspector Cuttle.
“He said he purchased it from a man at the back of a hotel in Mullingar,” said the detective.
“He didn’t give the name or the number of this man”.
In his defence Byrne said he didn’t know the truck was stolen and that it was a “non-runner” that he was buying for scrap and spares.
“You accept he’s got all the documents?” asked the inspector.
“I suppose,” answered Byrne.
Byrne claimed the vendor said he would submit the ‘End of Life’ documentation to the requisite departments.
He admitted to the inspector he should have “made a better effort to establish the status of the lorry” and all he said he had signed was a “slip of paper with Iveco written on it”.
“In summary, you went in the dark to a yard and bought a lorry worth €3,600 for €500 with no documents, you didn’t advertise it for eight months and you parked it outside someone else’s house?” asked the inspector.
“It was daytime and the body and cab were covered in rust. It would never have passed a test,” argued Byrne.
“I did my best”.
“No you didn’t,” said the inspector.
“The law requires you to use proper documents, to submit registration”.
Next to the stand, on foot of a subpoena (or witness summons ) for the defence, was John Moloney, whom Byrne claimed sold him the lorry.
However, though Mr Moloney admitted knowing the defendant and having bought an Isuzu jeep off him in the past he stated twice on the stand: “I did not sell him that truck”.
Inspector Cuttle attempted to start his cross examination but was interrupted by the judge.
“I don’t think he’s been much good to the defence, Inspector,” he said.
“I’m satisfied he stole this”.
Byrne was then sentenced to five months in prison, with appeal bail set at €500 of his own money and €900 from an independent third party.
