Duo locked up after intimidating teen and stealing tools in Glenties

A father and son have been jailed for Christmas after pleading guilty to stealing power tools from a shed in Co Donegal.

William, 49, and Hugh McGinley, 28, both pleaded guilty at Donegal Circuit Court to the thefts at Meenachallow, Glenties on March 3, 2022.

The accused, both of Alma Terrace, Finisklin, Co. Sligo, were charged that they did steal a yellow power washer and an orange Stihl chainsaw being the property of Aidan Boyle. A charge of the theft of 20 radiators from another property nearby was taken into account.

Both men appeared side-by-side in court as details of the thefts were read out by Gardai.

The court was told the men arrived at Aidan Boyle's house at about 4.30pm and were met by a 17-year-old boy. 

Hugh McGinley asked the boy who owned a number of radiators at the bottom of the road and the teenager told them that they were owned by a "Campbell buck."

The men started to load the radiators into a Volkswagen Caddy van and the boy said he was frightened.

Hugh McGinley asked the boy if he was into bare knuckle fighting and the teenager said he was not but McGinley told him it would toughen him up. Hugh McGinley then asked if there were any car batteries about the house and wouldn't take no for an answer.

The court was told he went into a shed and had not been given permission to do so.

The men spotted the power washer and also a chainsaw and said: "We'll take these."

The McGinleys offered €20 for the tools but were told that they could not take them as they belonged to his uncle.

However, they loaded the tools into the van and left claiming they were going to meet someone.

The court was told the radiators, valued at about €200, belonged to a local man, Connie Campbell.

The power washer was worth between €350 and €500 and the saw was worth between €200 and €300.

A Garda investigation was launched into the thefts and CCTV was harvested.

The suspects' VW Caddy van which had a broken window was traced to a halting site in Sligo.

Gardai called to the site and Hughie McGinley's mother went to the back of a trailer and recovered the saw taken in the raid but there was no sign of the power washer.

Both Hughie McGinley, aged 28 and his father, Willie McGinley, 49, were questioned by Gardai.

When questioned, the men said they thought the boy was 19 and that he had told them the items were "f***ed anyway" and to take them away with them.

The court was told that Willie McGinley has two previous convictions as far back as 2011 for assault causing harm and another for

Hughie McGinley has ten previous convictions for a number of offences including theft, assault and having no driving licence or insurance.

Barrister for both men, Mr Pat O'Sullivan, instructed by solicitor Morgan Coleman, said he understood both men were stopped by Gardai in Ballyshannon and were cooperative and polite but the only item they had was the chainsaw.

Mr O'Sullivan said both men were on social welfare but supplemented their incomes by dealing in scrap metal.

He added that he has €1,000 in court to give to the injured party to cover the loss of the items.

He said Willie McGinley has not come to Garda attention since 2008 and lives with his mother who he is not in the best of health. He stressed that this was the first time he had come before the courts for theft.

Hughie McGinley is 28 years old and is married with three children and another on the way, said Mr O'Sullivan. He told the court that his theft charge was for stealing nappies from a supermarket in Sligo.

Mr O'Sullivan said that both men had now learned their lesson from the point of view of taking a yes or no answer in relation to what they do, dealing in scrap metal.

He said he was asking the court to consider dealing with the matter by way of a fine or a suspended sentence adding "I think they have learned their lesson and you will not see them before the courts again."

A probation report on both men was also handed into the court.

Passing sentence, Judge John Aylmer said the compensation just be divided amongst the injured parties.

He said both were before the court on a plea of guilty to the thefts of a power washer and a chainsaw.

He said he noted Willie McGinley had no previous convictions for theft but Hughie McGinley did, albeit of a more minor nature.

However, he added that there has to be a deterrent in this type of offending and noted in executing the offences, the men took advantage of a minor at the property.

He said he did not think he had read as negative a probation report before stating the men blamed the minor, that they had been placed at a high risk of reoffending and that they were unlikely to engage with the probation services for rehabilitation.

He pointed to the lack of mitigation other than the fact that the men had offered the sum of €1,000 to their victims and also that they saved the state the time and expense of a trial by pleading guilty.

He sentenced Hughie McGinley to two years in prison and Willie McGinley to 20 months in prison.