Fisherman nets suspended sentence after Rathmullan theft
Letterkenny District Court heard that the 40-year-old fisherman stole an Xbox, six bottles of wine and a Marshall speaker from an unlocked house while the boat on which he was a crew member was being repaired
A fisherman broke into a house in Rathmullan while his boat was being repaired at the pier and stole an Xbox.
Lauris Gomanis was brought before Judge Eiteain Cunningham at Monday’s sitting of Letterkenny District Court.
The court heard that the 40-year-old was a crew member on board the Michelle Na Mara fishing trawler, which was docked at Rathmullan Pier after it developed engine trouble.
On Saturday last, February 10, a house at Kerr's Bay in Rathmullan was broken into through an unlocked front door while the occupants were still in the house.
Among the items stolen was an Xbox, six bottles of wine and a Marshall speaker.
Investigating Gardai carried out a number of lines of enquiry.
As part of their investigation they trawled CCTV footage and traced the culprit back to the fishing boat docked at the pier.
The captain of the boat invited Gardai onto the vessel, which is registered at The Dock, Belmullet, and a search was conducted.
The Xbox and two controllers were recovered on board the boat and Latvian national Gomanis was arrested under the Criminal Justice Act and taken to Milford Garda Station for questioning.
He was charged that on February 10th at Kerr's Bay, Rathmullan he entered a building known as Kerr's Bay, Rathmullan as a trespasser and did commit an arrest offence to wit theft, an offence contrary to Section 4 of the Criminal Justice (Theft and Fraud Offences) Act 2001 therein.
Garda David Ryan said the accused made no reply when cautioned.
Mr Rory O'Brien, solicitor for Gomanis, explained how his client had been given time off after the boat had developed engine trouble.
"And this is how he spent his time off?” Judge Éiteáin Cunningham asked. “This is very serious."
Mr O'Brien responded by explaining that his client was drunk at the time and didn't have much recollection of the incident at all.
He added that Gomanis has no previous convictions and that he was ‘hugely embarrassed’ by what had happened.
He has a wife and a son back in Latvia and added that he is not a man who will come before the courts again’.
Having taken time to consider her sentence, Judge Cunningham again described the incident as ‘a serious offence’.
She said she had considered ordering a probation report but that the accused wishes to return to Latvia and that such a report will take some time.
She said she was imposing a custodial sentence, but would take into account the mitigating factors, including that the accused has no previous convictions.
Judge Cunningham sentenced Gomanis to four months in prison for the theft but suspended the sentence for 18 months. Other related charges were struck out.