Man caught stealing copper pipes in Mayo to make a 'quick buck' for Christmas

A CAVAN man who stole copper from a former nursing home outside Claremorris has received a 18-month suspended prison sentence.

Kieran Devery of Ballinlough, Co Cavan, appeared before Castlebar Circuit Criminal Court, where he pleaded guilty to burglary and possession of articles at Castlemacgarrett House at Castlemacgarrett, Claremorris, on November 30, 2022.

The court heard that Fintan Hughes, the owner of Castlemacgarrett House, made a complaint to Gardaí of damage to his property and copper piping being removed. He was advised to install a motion camera, which he installed, and Mr Devery was caught on the property the following night.

Open window

Mr Devery told Gardaí he had been working part-time in Ballyhaunis as a painter at the time and was staying overnight in his car. He said he drove past Castlemacgarrett House, and when he asked someone about it he was informed it was abandoned for a number of years.

After he finished work on November 28, he drove to the area and crossed over fields to get to the property and entered the building through an open window. He said some of the floors had fallen in, revealing the copper piping, and he started to gather loose copper. When he returned he brought a saw and pipe cutters but was apprehended.

Sergeant Fiona Farrell explained that Mr Devery had previously worked as a chef, but an illness meant he had to give up work and was on disability. At the time, his wife, who was the chief breadwinner in the house, had suffered a miscarriage, so he got part-time work as a painter.

Sgt Farrell said that the defendant stated he was down on his luck and was out of money coming up to Christmas. He told them the building appeared not to be of any value to anybody and he wanted to sell the copper for some money for Christmas. She said he has 14 previous convictions, all of which are all for road traffic offences. He has none for burglary or theft.

Disheartening

In a victim impact statement, Fintan Hughes stated that Castlemagarrett is a protected building and as the owner he is legally required to ensure the structure does not become a danger through neglect. He said since purchasing the building he has gone to great efforts to secure the building, and that it was disheartening that this burglary occurred.

He claimed the building has been left ransacked, with floorboards lifted, walls opened up, skirting boards damaged and copper piping stripped out. He said the damage is not covered by insurance and he has had to carry the financial cost for the repairs.

Mr Hughes said the burglary has caused him anxiety and sleepless nights, and he has to check the camera on his phone numerous times per day, saying he is worried more burglaries could occur.

He added that he has confidence that the sentence handed down to Mr Devery will be proportionate to the psychological and financial damage he has suffered and may act as a deterrent for future break-ins, theft and destruction of the property.

Desperation

Sgt Farrell said Mr Devery was fulsome in his admissions regarding the burglary but not to the extent of the damage caused to the building as referenced in the victim impact statement. It was confirmed he was not charged with criminal damage.

Mr Brendan McDonagh, counsel for Mr Devery said the building had been vacant for a long time and was in a poor state long before his client entered it. He said the copper piping taken by his client was in short lengths and was consistent with his version that he only took copper that was visible. He added that nobody would be getting rich from the amount he stole before he was caught red-handed.

Mr McDonagh described his client’s actions as foolish and opportunistic but rooted in desperation. He said Mr Devery apologised and realises the stupidity of his actions and how it affected the owner of the property.

“I am not going to paint this as a Jean Valjean type situation, but the court will appreciate that this was a more opportunistic crime borne out of desperation than something which was carefully premeditated,” Mr McDonagh said.

Mr McDonagh said the probation report was very positive and identifies Mr Devery as being at a low risk of reoffending, adding that the service does not believe he needs continued supervision.

Judge Eoin Garavan described the circumstances behind the crime as Dickensian, and while the crime was opportunistic, it was still planned, as Mr Devery had returned on the second night to make a quick buck.

He said that while Mr Hughes is entitled not to have his property violated, he did not feel Mr Devery could have caused the damage without heavy equipment.

Judge Garavan said a custodial sentence would be inappropriate and imposed a 18-months sentence, suspended in full for a three-year period. He added he did not believe it was necessary for Mr Devery to continue to come under the care of the Probation Services.