1996/99
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Stolen hackney car was "burned to a crisp"
15 October 1997
A Castlebar hackney operator told a court his car was burned to a crisp after it was stolen and set alight.
Appearing before Castlebar court, charged with taking unlawful possession of the car, was John Jennings, Knockmore, Manulla, Castlebar.
Mr. Eamon Cresham gave evidence that on December 12 he was called to Stalky's pub on Castle Street, Castlebar to collect a client. He said: "I got a call, stopped outside Stalky's and stepped inside to get my client. I came out and my car was gone."
The car had been left running and he did not see anyone get in to it. The vehicle was valued at £12,000 with further radio and telephone equipment valued at over £3,000. The next time he saw his car was in the Garda compound.
"I barely recognised it," he said. "It was burned to a crisp."
Cresham had not heard the door of his car closing with the noise coming from the pub. He only saw his car going around a corner.
"As I got out someone got in," he added.
There had been three or four youths behind him as he got out of the car but he did not look at their faces. Mrs. Bernie Mulchrone said she had left Flannelly's bar with her now husband, Patrick Mulchrone. As they headed towards Cafolla's take away a group came out of the Irish House pub.
A number of young men headed down Castle Street and one spoke. She saw Cresham's taxi pass and was looking in the fashion store Don Racine's window when she heard the taxi take off. She told the court she recognised John Jennings as being on the street that night.
Mr. Kevin Bourke, defending solicitor, said on the night Mulchrone had not recognised Jennings, mistaking him for someone else.
Mr. Patrick Mulchrone said he saw three youths get into the car. Jennings was the front seat passenger. He had known Jennings for six years.
Mr. Bourke put it to him that in his initial statement he too had given the name of someone other than Jennings.
"You were looking at him but you did not name him in your statement," he said. "You could not identify John Jennings as John Jennings."
In reply to a question from Mr. Bourke, Mulchrone said he could not remember making two statements to the Gardai.
Sergeant Martin Murphy said he interviewed Jennings and took statements from Mr and Mrs Mulchrone. Jennings was later arrested on charges of criminal damage. A second statement was later made voluntarily by Patrick Mulchrone who said he knew who the third culprit was.
Garda Patrick Egan told the court Jennings made a statement saying he had not been in the vehicle belonging to Cresham. He had been pulled back by Martin Bolger and the two headed across the Castle Street car park and parted company at the military barracks.
"I had nothing to do with this incident," he told Garda Egan.
Mr. Kevin Bourke said for his client to be convicted there had to be evidence of actual possession and where he allowed himself to be carried in the vehicle. The statements did not place him driving the car. He submitted the charge was not proved.
Judge Dan Shields said Mr. Mulchrone had given evidence that Jennings got in to the front passenger seat and closed the door. Superintendent Joe Staunton said Jennings had placed himself at the scene. Mr. Mulchrone saw three people get in to the car. There had been no mention of other people there.
He asked Jennings why the witnesses saw no one left on the street when the car drove away.
Jennings replied: "That is bothering me. I have been thinking about that for the past number of days."
Supt. Staunton asked why he did not go back and tell Mr. Cresham his car was gone. As a responsible citizen would that not have been the right thing to do, he queried. Jennings said he rang Mr. Cresham a week or so later and told him the incident had nothing to do with him.
Supt. Staunton said the only reason Jennings claimed he was not in the car was because he feared being associated with burning the vehicle. It was not suggested he burned car.
Judge Shields he would have to convict Jennings of unlawful taking. There was no doubt about the driver but the other parties had taken possession of the car. In his experience the person carried was normally part of a gang and knew the car not to be bona fide but belonging to someone else.
"A car which is on the street is suddenly ceased by three people. They are actively taking possession, not just allowing themselves to be carried. The car was taken by three people and carried by one."
He added: "It is quite obvious to me that John Jennings is not the primary head man. But I feel I must convict."
Superintendent Staunton said the Gardai were satisfied Jennings had nothing to do with the burning of the car. Judge Shields adjourned the matter until November 5.
He added: "May I say this very loud and clear, no matter what my sympathy with this young man may be, if there are further charges the sympathy of this court will no longer lie with Mr. Jennings because they are serious matters.
"He is now 19. He has a lot of difficulties. If I see some sign of him dealing with these I will deal with him mercifully."
