A young Polish national who stole €240 from a Co Leitrim woman through the sale of a PlayStation4 Pro was described by
Judge Kevin Kilrane as being a petty thief and “as slippery as an eel.”
Sebastian Buksa, No. 5 Hassetts Flats, Fairview, Kildare Town pleaded not guilty at Carrick-on-Shannon District Court to stealing €240 by deception on November 22, 2019 at Drumanny, Foxfield, Fenagh, Co Leitrim.
Marie McGettrick, also known as Marie McGovern, gave evidence of attempting to purchase a PlayStation 4 Pro for her son Oisin for Christmas. She answered an advert on Adverts.ie with the defendant who was listed under the pseudonym David Allison, and agreed to pay €240 into his bank account. To date she has not received the PlayStation 4 Pro.
She said it was supposedly posted on November 27. They looked for the money to be refunded into their account but it didn't happen and he didn't respond to their messages.
On January 3 he told her he was waiting for an official reply from An Post. He was contacted by her again on January 9 and 16 but there was no further correspondence with him.
Solicitor for Mr Buksa, Niamh McGovern, said her client would say he did post it but didn't register it. He had €240 in court with him and was happy to give it over to her.
Garda Mary Burke investigated the complaint and called to the defendant's address in Co Kildare and spoke with him. He said he recalled posting it out. Mr Buksa said he posted the console with standard postage and did not register it because that was more expensive.
The 22-year-old Polish national who has a science degree said he has been dealing with people online and selling items for five years and has never had a complaint before.
It was put to him that the PlayStation 4 Pro never existed at all. He denied this.
Judge Kevin Kilrane described the defendant as “something of a petty crook” who set up his business under a false name which he deduced was only for reasons of deception. “He's as slippery as an eel and only when he's cornered does he tell the truth,” Judge Kilrane said.
He said there was probably no PlayStation to sell and he needed money for Christmas.
Judge Kilrane said Mr Buksa misled the victim and claimed to have mixed up the order with another customer who had asked him to forward an item by registered post.
“This man has the makings of a petty thief. He is as cool as a cucumber and he has no remorse,” the Judge said and added the only thing he had going for him was that he had no previous convictions in this state.
He convicted and fined him €400 for the offence and ordered the €240 be paid over to the victim. Recognisances were fixed in the event of an appeal.