No forfeiture of van used in attempted diesel theft

Judge Mary Devins this week refused an application by gardaí for the forfeiture of a van used in an attempted theft of diesel from a quarry in Kilkelly. Judge Devins had previously heard the case at the March sitting of Ballyhaunis District Court but adjourned the sentencing to consider the application. The State had applied to seize a van owned by Ian McHugh, Park Road, Swinford, and for a disqualification from driving to be imposed upon him for his part in the attempted theft. Giving her decision, Judge Devins decided to not grant either request by the gardaí. She convicted and fined McHugh €750 and imposed a three months suspended sentence on him for the attempted theft. For criminal damage caused to a lock on the gate to the quarry and to the tank, she convicted and fined him €500 and imposed a three month consecutive suspended sentence on him.

McHugh’s co-accused Barry O’Gara, Pollea, Williamstown, Co Galway, who also pleaded guilty was also convicted and fined €750 and given a three month suspended sentence for the attempted theft. For the criminal damage to the lock on the gate and to the fuel tank, he was also given a three month consecutive suspended prison sentence and fined €500.

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