23 July 1997
A 19 year old youth who was involved with two juveniles in criminal damage perpetrated to his former employer's business premises, which has resulted in the business losing an annual contract to the value of £360,000 per year, has been disqualified from driving for one year and fined £50 on a conviction of driving without insurance.
One of the juveniles involved, a 16 year-old, was also fined £50 and disqualified from driving for one year at a hearing in Castlebar court.
Other offences relating to trespass and criminal damage on the bakery premises have been deferred by Judge Dan Shields for sentence until November.
Michael Whelan (19), Currane, Ballyvary, Castlebar and another juvenile, were convicted of driving a van without insurance belonging to their former employer, Terry O Hara of 'Terry's Homemade Pies', Moneen Enterprise Centre, which they gained access to after breaking into the premises on the night of October 9-10 last. The second juvenile was dealt with under the Garda Juvenile Diversion Scheme.
According to Detective Inspector Jerry Henry, two of the youths had been sacked from work at the bakery at a date previous to the trespass on the premises. They had returned on the night in question with a view to getting revenge on their former employer for letting them go.
They returned with another juvenile and broke into the bakery where they threw eggs, flour and cooking materials around the place, causing damage to the amount of £661.
Later on one of the juvenile defendants took two biros, broke them into bits, and placed them inside two fruit tarts which were par of a despatch order to be delivered to one of the multiple grocery stores.
A few weeks subsequently, owner of the premises, Terry O Hara, received a telephone call from the owner of the multiple to whom he was supplying an order worth £30,000 per month.
The owner informed him that two customers had returned two apple tarts to his store, complaining that they had found broken pieces of a biro in each. One of the customers was a reverend father and both customers were distraught at the discovery, he said.
Mr. O'Hara was then informed that his contract with the multiple was being terminated, leaving him with an annual loss of £360,000, a contract he had managed to secure after 12 years building up his business. Mr. O'Hara has been left with no recourse in which to secure compensation for this loss. He was also forced to lay off members of staff as a result.
Judge Dan Shields, describing it as an appalling, malicious act, said that no matter how hard he tried he could not imagine that it was anything other than a deliberate attempt by the youths to undermine Mr. O'Hara's business.
"This was a cowardly and despicable thing to do, no matter what grievance they might imagine they had. Their actions have caused the loss of jobs to people who Mr. O'Hara has been forced to lay off as a result of the lost contract.
"I understand a defence has been made that Mr. O'Hara would not accept an apology from the youths in recompense. This is totally justifiable in the circumstances," he said.
Judge Shields adjourned imposing sentence on the youths on charges of criminal damage, trespass and unlawful possession of the vehicle until November and put the youths under Garda supervision until a probation report is prepared in the meantime.
"This will remain in my mind as a matter of most seriousness and I still have it in my mind to deal with these youths most severely," he said.
The youths pleaded guilty to all charges.
