"The next time you see a phone, stay well clear of it," - judge warns defendant

A man who stole a mobile phone left on a take away counter has been fined €100 and has paid €400 compensation to the victim.

The defendant who was representing himself at Donegal District Court on Monday described the incident as ‘a moment of madness’ fuelled by alcohol. 

Sean Rooney, 45, of Apt 1 Allingham Court, Castle Street, Ballyshannon, was before Donegal District Court on Monday. He admitted theft of a Samsung Galaxy A50 phone worth €400 in Apache Pizza, the Diamond, Donegal Town on September 4, 2021.

He told a previous court sitting that he couldn’t give the phone back to the victim because another man had thrown it into a river. Rooney was given time to raise €400 in compensation, which has now been paid to the victim. 

At the original court hearing, Inspector David Durkin said that a woman reported her phone missing from Apache Pizza after she had been out socialising.

Gardaí secured CCTV footage and identified Rooney as a person of interest. 

“He was seen taking the phone which had been left on the counter and placed it in his pocket,” said Inspector Durkin. 

“He was then seen outside removing the cover, discarding it and placing the phone in his pocket.”

A search of the defendant’s apartment took place but the phone was not recovered.

“It was an opportunistic theft,” said Inspector Durkin.

Rooney told the court that he had been drunk when he committed the offence.

“I never intended to keep the phone,” he said. “The next day I was going to bring it back.”

He told the court that he couldn’t give the phone back because another man had taken the phone and thrown it into the river in Ballyshannon. 

Rooney added: “It was a moment of madness when I took the phone. I would have been drinking a lot this last few years and It made me do something like that out of character.”

At Monday’s court sitting, Judge Alan Mitchell told the defendant: “Drink is a terrible thing. It causes people to do things they don’t normally do. 

“I take it that it was out of character because there are no previous convictions.”

In imposing a fine of €100, the judge warned Rooney: “Get back on the good road again. The next time you see a phone, stay well clear of it.”