A Headford man who attempted to steal construction materials for scrap from the back of a supermarket and when caught red-handed assaulted the owner by driving his van straight at him before fleeing was fined a total of €850 and disqualified from driving for six months.
Opportunist James Martin Maughan (21 ) with an address at 7 The Oaks, Ashford Court, Headford, pleaded guilty at Galway District Court on Monday to a reduced charge of driving without due care and attention. He also entered a guilty plea to assaulting James Hughes, stealing metal construction materials, to the value of €600, as well as to a number of hit and run offences at Hughes SuperValu supermarket, Claregalway, on December 22, 2009.
Inspector Mick Coppinger told the court that at 2.30pm Mr Hughes noticed a suspicious van in the underground car park to the rear of the supermarket. He then noticed a person loading lighting and scaffolding into the back of the van. When confronted Maughan said that he had permission from the owner to take the material as scrap. Mr Hughes then informed Maughan that he was the owner and that he gave no such permission. Realising his mistake Maughan then attempted to flee the scene by jumping into his van and driving in the direction of the car park exit, however Mr Hughes stood in the way and there was a “slight connection”.
“That was assault in a way,” explained Inspector Coppinger who added that Maughan, who has no previous convictions, had driven off but was caught soon after and the property was recovered. The inspector also further explained that the materials had been left there due to recent refurbishment works which had been carried out at the supermarket.
Defence solicitor Sarah O’Dowd said that her client, who is married with one child, had brought €200 in compensation with him to court. She explained that Maughan had thought that the material was scrap and he “seriously regrets” leaving the scene. “He totally panicked when there was the mention of gardai,” she said.
“All he had to do was to put it [the material] down and apologise to the owner,” said Judge Mary Fahy.
Inspector Coppinger then told Judge Fahy that Mr Hughes stood out to block Maughan but was forced to jump out of the way when the van was driven straight at him.
“It is a bit cheeky to drive up to a premises, load up, and then when confronted he gets into the vehicle and goes to drive even when the owner is in the way,” said Judge Fahy.
Ms O’Dowd then said that Mr Hughes had been walking at the entrance to the carpark to phone another member of staff and that her client did not intend to hit him.
For driving without due care and attention Judge Fahy convicted Maughan and imposed a fine of €300 and disqualified him from driving for six months, for assault he was further fined €300 and received a six month disqualification, to run concurrently, and was fined €250 for theft. Leave to appeal was granted.
