Leitrim man given suspended sentence for handling stolen cables

A Mohill man who stored over 1,100 metres of stolen eir cables in his downstairs bathroom was given a 16 months suspended sentence at Carrick-on-Shannon Circuit Court last week for handling stolen property.

Patrick Joseph Whearty, 33 Treanmore, Mohill, Co Leitrim, pleaded guilty to handling stolen property, to wit, 1,163 metres of eir cables at the above address on June 25, 2018.

Garda Dominic Prior, told the court that over a five week period between May and June 2018 there were nine reported thefts of eir cables in the region, six in the Mohill area.

Following information and on foot of a warrant, Gardai searched a premises at 33 Treanmore, Mohill, the home of the defendant, and found a large quantity of cables in the downstairs bathroom.

Mr Whearty was arrested and gave a cautioned interview at Carrick-on-Shannon Garda Station where he admitted knowing about the cable in the house.
“I think I seen it one morning, yeah,” he told Gardai.

When it was put to him did he know it was stolen property he said, “Yeah, I didn't want to get involved.”
The cable consisted of two types, valued at €1,275.08 and €1,169.97 respectively.

Mr Whearty entered a plea to handling stolen property on May 31, 2022.
Defending barrister, Keith O'Grady BL, instructed by Gerry McGovern solicitor, said Mr Whearty is 36 and has lived in Mohill all his life. He lives at home with his mother and his sister.

He has four previous convictions for assault in 2009, two counts of trespass in 2015 for which he was given a six months suspended sentence, and a public order offence in 2016.

Mr O'Grady said a number of eir employees and locals came forward and a number of houses were nominated and searched.
He said Mr Whearty never tried to blame anyone else and was not a man who would feature on the garda radar regularly. He facilitated the storage of the cables but didn't go out and cut it himself.

He said Mr Whearty is a chronic alcoholic who drinks at home on his own. This was the first time he had appeared in the Circuit Court and he had never been in prison and he asked the court not to impose an immediate custodial sentence.
Judge John Aylmer said the maximum available penalty for handling stolen goods is ten years in prison for the most serious offences, however he rated this offence at the lower end of the scale.

He said it merited two years imprisonment but he took into account the mitigating factors of his plea, that he admitted his role in the crime, and that he had no role in the theft of the property and was facilitating the storage of the wire.
Judge Aylmer said Mr Whearty had no relevant previous convictions and remarked, “Offending of this type seems to be an aberration in his life.”

He noted he was a chronic alcoholic and was perhaps vulnerable to this type of crime. He also noted the probation report deemed him not suitable for community service.

He reduced the sentence to 16 months in prison but suspended it for a period of 16 months, on his own bond of €100, that he keep the peace and be of good behaviour and remain under the supervision of the Probation Service during that time.