Tipperary man ‘ransacked’ cars in housing estates, stealing bank cards, cash and other items

A man has been given a one-year prison sentence for stealing and using a bank card he took from a car in a Nenagh housing estate.

The man also received a suspended sentence for theft from a car in another housing estate.

Jason Fitzpatrick (32) of 207B Coille Bheithe, Nenagh, was before Judge John Brennan at Nenagh District Court on several charges, including theft, making gains or causing loss by deception, entering a vehicle without permission and burglary.

Mr Fitzpatrick pleaded guilty to the theft and entering a vehicle charges but not guilty to burglary at an address in Coille Bheithe.

Judge Brennan dismissed the burglary charge but convicted the defendant on the other matters.

FOOTSTEPS

The injured party told the court that around 2am on Saturday, August 3, 2024, he was at home, having completed a night shift when he heard someone enter his home and footsteps on the stairs. He shouted, “Who is it?” three times, and the defendant responded “Wrong house, wrong house,” before running outside.

The court heard that although it was dark, the injured party saw the man, and he was wearing grey trousers, a jacket and black gloves. 

After the defendant fled, the man went to check on his children and found his daughter’s bedroom door open, but she was unharmed. 

“The first thing I did was check that my children were safe,” said the witness. 

The injured party said he went outside but could not see anyone on the road. 

The door to the man’s house had been left unlocked in error that evening, the court heard.

In the morning, the man got in his car, a red Ford Focus, to find banana peels all over the seat and found an Aldi bag with items in his car, that did not belong to him or his family. 

He spoke with his neighbours, and they said their cars had been interfered with in the middle of the night.  So, they contacted the gardaí. When asked by the Judge why the witness had not reported the break-in the night before, the witness, who is a South African national, said he hadn’t been in Ireland long and didn’t know what number to call.

MULTIPLE REPORTS

Garda Keith Harmon told the court that on the day of the incidents, he responded to reports in the estate that “several cars had been interfered with.”

Garda Harmon had information that the defendant was involved and arrested him.

The defendant later pleaded guilty to those offences. The court heard that on interview, the defendant admitted to interfering with the cars and taking a number of items. But, that he had been mixing alcohol and drugs and was “out of his mind.”

He could not recall where he had put the items.

“I do recall breaking into cars and taking a few things around Coille Bheithe,” the defendant told gardaí.

He went on the tell gardaí that on the night, he had “done stupid sh*t and:

“Look what I got a pencil case, I wasn’t in the right frame of mind.”

It was for that reason the defendant told gardaí he entered the wrong house. Mr Fitzpatrick had been staying with his sister at the time in the estate and on the night entered the wrong house.

IN A BAD WAY

Mr Fitzpatrick told the court that he was in a “bad way that night” and he intended to go home, not to steal from the house.

He admitted breaking into the cars in the estate looking for money, going into the house, and hearing the man call out.

He did not, he said, open any doors. “I would like to apologise to that person for entering his home,” said Mr Fitzpatrick.

Acting for the prosecution Inspector Aiden Lonergan asked the defendant if he was wearing black gloves, to which he responded he couldn’t remember. 

The defendant said he had been in the pub earlier that night before heading back to his sister's home for a while.

Then he went around the estate “robbing.”

The inspector asked the man what car his sister drives, and he responded that she doesn’t drive.

The inspector put it to him that he admits breaking into a car parked outside a house he thought was his sister's home, even though he knows she doesn’t drive.

Mr Fitzpatrick told the court that he was “highly intoxicated” and only realised he was in the wrong house when he heard the man call out. 

When asked by the judge, he said that while he is from Nenagh, he was only in that estate for about a week at the time.

DISMISSED

Judge Brennan said that it was “unfortunate” that the injured party, who was new to the country had witnessed the incident, especially with so many South Africans leaving the country due to crime.

“I’m sure it was disconcerting for him after a long night shift,” said Judge Brennan.

However, the judge noted that this was the only charge the defendant had contested.

He said the defendant’s evidence that he entered the wrong house was “corroborated” by the response reported by the injured party, and that suggested it was the truth. 

The judge also noted that the defendant was only in the estate for one week and was highly intoxicated. “I imagine his mind was focused when he heard a voice,” said the judge.

And so the evidence before him did not rule out reasonable doubt and dismissed the burglary charge. However, the defendant had pleaded guilty to all of the other matters before the court. 

RANSACKED

Sergeant Regina McCarthy listed the other offences for the court. 

She said on the night of the previous incident, the defendant had “ransacked” a number of cars in Coille Bheithe and took items valued between €5 and €30 and €15 in cash.  

Sgt McCarthy told the court between June 19 and 20, 2024 the defendant had taken two pairs of sunglasses from a car in Clonaslee, which were later found on the pathway. 

The defendant stole a bank card and €75 in cash from another car, which he subsequently used to purchase items from Elverys, O’Connors and Inver in Nenagh.

The defendant was identified from CCTV footage. Sgt McCarthy said Mr Fitzpatrick has 63 previous convictions, including under the Firearms Act, the Road Traffic Act and for theft, criminal damage and public order. 

A BAD RECORD

Acting or the defendant, solicitor Elizabeth McKeever acknowledged her client has “a bad record”.

However, she said he had pleaded guilty and had only contested one matter. 

“This is the first time he has contested, and he usually comes in and puts his hands up,” said Ms McKeever. 

She said he is 32-years-old, has addiction issues and four kids. One child he has with his partner in Tipperary Town has epilepsy, and Mr Fitzpatrick has been her carer. 

He has been in custody on these matters since August, the court was told. 

“When he is a sober person, he contributes to society.

“He admits that his addiction is his demons,” said Ms McKeever. 

Ms McKeever told the court that his client has gone into residential treatment in the past but has recently relapsed.

JUDGEMENT

Judge Brennan sentenced the defendant to one year in prison and a second year, suspended for two years.

Mr Fitzpatrick is to serve six months for stealing the wallet, debit cards and €75 in cash from the address in Clonaslee on August 2, 2024.

He is also to serve six months for using a stolen bank card. Those sentences are to run consecutively.

In regards to the suspended sentence, the defendant was given a one-year sentence for theft of a car mat worth €5 at an address in Coille Bheithe on August 3, 2024.

The two-year suspension does not come into place until the defendant is released from prison on the first sentence.

Three counts of entering a vehicle without permission, three counts of theft and two counts of making gains or causing loss by deception were also taken into account.