Man convicted of criminal damage at Leitrim Gala after CCTV played in court

A Mohill man has been convicted of criminal damage costing €2,622 after the District Court accepted Garda evidence that CCTV footage placed him at the scene of an incident at Gala, Mohill, in the early hours of February 21, 2024.

Michael McDonagh (22), of 27 Treanmore, Mohill, Co Leitrim, appeared before Carrick-on-Shannon District Court on January 20, where the case centred on CCTV footage gathered from several locations in the town.

The court heard that Gardaí were called to investigate after damage was caused to the front of the supermarket. CCTV footage shown in court captured two males at the entrance, with one seen repeatedly kicking and throwing an object at the glass doors, smashing them.

As part of the prosecution case, the court also heard that footage was obtained from multiple sources, including outside CCTV at Gala and dashcam footage from a vehicle in the area.

Crucially, the court was also shown separate CCTV footage from a local takeaway earlier that evening, where Gardaí said the same man was captured on camera sitting inside. Gardaí told the court that the clothing shown in that earlier footage matched the clothing worn by the suspect later captured at Gala.

The judge heard that the investigating Garda identified Mr McDonagh from the CCTV footage and was satisfied he was the person responsible.

During submissions, defence solicitor Martin Burke argued that Garda identification evidence needed to be supported by specific and reliable detail when the case depended on CCTV alone.

“Facial features, gesture, or marking should be referred to by an investigating guard in order to have reliable identification evidence when it is a guard identifying from CCTV alone,” he told the court.

Mr Burke argued the Garda had not pointed to enough distinguishing features beyond general certainty. “Aside from that there’s not very much in terms of identifying features that can be identified,” he said, warning that there was a risk of a wrongful conviction if the evidence was not strong enough.

“There is potential miscarriage of justice if a conviction were to be marked against him,” he said.

The State rejected that argument and said the Garda had reviewed CCTV footage from different angles and locations and had satisfied himself as to the identity of the accused.

“The guard has looked at all the footage… and he has satisfied himself as to who it is,” the prosecution said, adding that footage had been slowed down to allow closer examination.

Judge Cunningham said she had reviewed all of the CCTV and listened carefully to the evidence before reaching her decision.

“I am satisfied beyond a reasonable doubt, and in those circumstances I find the facts proven.” The court was told there were previous convictions. Judge Cunningham said she wanted to consider sentencing options and whether an alternative to custody could be appropriate. “I would like to see if anything other than a custodial sentence may be appropriate,” she said. A probation and welfare report was directed to help the court consider the option of community service, with the case due to return to court on May 19.

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