A woman from Crossmolina escaped a theft conviction this week as evidence presented during the case did not satisfy Judge Mary Devins that intention to commit the offence was proved beyond reasonable doubt.
Ballina District Court heard that on April 14 2011 at 11.30am store manager of Tesco, Ballina, observed Mary Gallagher, Cloonoragh, Crossmolina, acting suspiciously on the shop floor. The defendant was observed to place items into a bag, which she had in her trolley, and then place other items on top of this bag. The store manager followed her to the checkout where the woman paid for numerous items apart from the items which were in the bag. When Gallagher left the store she was stopped by the store manager and another employee. Gallagher returned to the shop and goods to the value of €95.51, which included meat, flower seeds, and a card, were found in the bag. Gallagher immediately paid for these items.
Solicitor for Gallagher, Peter Flynn, said that his client had not intended not to pay for these items but forgot as she was disorientated from low blood sugar levels caused from her Type 2 diabetes.
Gallagher told the court that she had a disrupted sleep the night before as her grandchild was born. That morning she took her insulin, however she skipped breakfast, and then went to Ballina on the bus to do a large shop. While shopping Gallagher said that she felt disorientated and ill. While waiting for the gardaí to arrive, Gallagher said she took a reading of her blood levels with her diabetic monitor which showed that she had low blood sugar levels.
Dr Fergal Ruane, the defendant’s GP, told the court that due to low levels of blood sugar, confusion could occur.
The defendant said that she always places her meat in a separate area from other shopping and that she did not mean to leave the store without paying for these items.
Inspector Joe Doherty said to the defendant: “I think you saw an opportunity to avoid paying for items” and that “she knew full well what she was doing.”
Judge Mary Devins said that the act of theft was carried out as Gallagher went through the checkout without paying for the goods, however the intention of carrying out the theft was not proved beyond reasonable doubt due to the evidence presented and the case was therefore dismissed.
