A woman who denied stealing a mobile phone from a dental surgery, claiming that her toddler son had put it in his pocket, failed to contest the charges and was sentenced to four months in jail.
Agnieszka Adamajtys (31 ), with an address at 13 Merlin Lane, Doughiska, appeared at Galway District Court last Monday charged with theft at Smiles Dental Spa, 21 Middle Street, Galway, on February 19, 2009.
The court heard that at 4.50pm gardai received a report of the theft of a mobile phone from the Smiles Dental Spa. The gardai spoke with an employee who said that three foreign national women had been making an appointment. As an employee was taking down the details of one of the women the defendant and her child went near a press at the rear of the premises. After they had left the employee went to get her mobile phone but couldn’t find it. Attempts to call her phone failed so she phoned the woman that had made the appointment.
The court heard that following a threat of garda involvement the defendant had come back to hand over the phone and was arrested. The phone had been turned off and the pin number entered incorrectly three times, thereby disabling it.
In giving evidence the injured party, Catherine O’Connor, said that the defendant had claimed her child had taken the phone.
Defence solicitor Ian Foley said that his client did not realise that her child had taken the phone until she got home. He then said that returning the phone was quite an “honest act” for someone accused of taking it.
“It was only with the threat of gardai. It was very strange for the phone to be turned off. You have to turn off and on three times and put the pin in,” replied Ms O’Connor.
“I’m satisfied beyond doubt that she stole the phone,” said Judge Aeneus McCarthy who was then told that the defendant had a previous conviciton for theft in 2005.
Judge McCarthy then convicted and sentenced the defendant to four months in jail. Leave to appeal was granted.
