A CONTRACTOR who swapped a broken part in his digger for a working one from another digger made a “monumental mistake” and was very remorseful, Judge James Faughnan heard at Tuam District Court this week.
Sean Mitchell, Garrafrauns, Dunmore, pleaded guilty to stealing a ECV starter kit from a Hitachi digger, the property of the OPW, valued at €2,111 from a site in the Dunmore area.
Garda Sgt Christy Brown, explaining the background to the case, said in essence Mitchell had over-extended himself workwise. Then his digger broke down and he found it would take weeks to get a replacement part from Japan. Under pressure because of contractual obligations, he swapped the broken starter kit from his own machine into the OPW digger and took their working kit and fitted it to his digger.
However, there was a tracker device fitted to the kit and this led the Gardaí to Mitchell.
The total costs involved, including having an inspector to check the OPW digger, replacing the stolen part, labour and VAT came to a total of €10,257. 60.
Defending solicitor Tony O’Doherty pleaded that his client “had made a monumental mistake” and was very remorseful.
He decided swapping the kits would be a “temporary fix” while he awaited a replacement kit to come from Japan. He had taken on a lot of work and his problems related to work-related pressure.
Mitchell was 32, had two children and had worked from the age of 12 and full-time since he was 18. He had never been on assistance and maintained himself and his family through his work, he said.
The costs of €10,257.60 had already been paid over to the OPW, Mr O’Doherty noted.
Judge Faughnan said there was no point in sending a working man like this to prison. Instead he thought in light of his skills he might be suitable for Community Service and ordered a report in this regard. The case was adjourned until January 26 for the preparation of the report and to assess whether the defendant can usefully employ his skills to benefit the community.
