Longford defendant must provide medical documents

A defendant who claimed to have cancer was told she must provide Longford Circuit Court “full documentary evidence of her alleged illness” when she returns in January.

Kathleen Delaney of 3 Cuirt an Oir, Killashee Street, Longford was charged with stealing property from a train passenger on February 14, 2019 at Longford Railway Station. The court heard the defendant took a suitcase containing €900 worth of goods when she got off at Longford station.

Garda Anthony Scanlon outlined the details of the offence to Judge Keenan Johnson. Passenger Sheila Carr got on the train at the Drumcondra station at 7:30pm. The young woman, who is studying to be a teacher, placed her suitcase on a rack at the end of the carriage. The case had a distinctive green plate on the handle.

When Ms Carr went to alight at Sligo at about 10pm her suitcase was gone. The victim spoke of her horror as her laptop containing all her school work was stolen. Other items in the luggage included clothing and make up.

In her Victim Impact Statement Ms Carr said when her case was gone she hoped it was “a simple mistake”. She spoke of the considerable distress and financial hardship that arose as the laptop contained her school work. The victim experienced “fear and panic” at the time.

The Garda investigators reviewed CCTV from the train and Longford Rail Station which showed Delaney taking the bag without permission and getting off at the station.

The officers made contact with Ms Delaney, who agreed to call the Garda station, but failed to keep the appointment. A number of subsequent attempts to meet with Ms Delaney proved fruitless.

The court heard Ms Delaney has 80 previous convictions; including convictions for theft, public order, public intoxication, burglary and road traffic offences. No restitution was made for the loss by the victim.

Counsel for Ms Delaney, Niall Flynn BL, asked the judge to note his client's early plea. He added that Ms Delaney has not come to Garda attention in the last 12 months. Mr Flynn said the defendant is “battling illness” and said she has undergone treatment for cancer.

Reviewing a medical report Judge Johnson said there was nothing in the report to indicate Ms Delaney has cancer. The judge said he would adjourn the matter to January 10 for a detailed medical report and to give Ms Delaney the chance to fully reimburse the victim.

“This was a nasty, mean type of offence,” the judge said, adding that when Ms Delaney returned in January she needed to have “full documentary evidence of her alleged illness”.