Retired garda comes to rescue of elderly Laois man who was being robbed while getting into his car
Portlaoise Courthouse
JUDGE Andrew Cody said that he had no issue with a man who wanted to speak for himself but advised him to bring a shovel with him while he was doing so.
The comment was made during a case at last week’s sitting of Portlaoise District Court when he heard a man’s name being called. The Judge asked: “Is this the same mister McDonagh who said ‘I’d never see him again’?” When informed it was, Judge Cody said: “Mr McDonagh. You are welcome back.”
The welcome was issued to Bernard McDonagh (30), Ballyfin Road, Portlaoise.
He was before the court for attempting to commit an indictable offence at Lyster Square, Portlaoise and to the theft of €40 at Meehan Court, Portlaoise, both on 21 August.
He pleaded guilty to both offences.
Outlining the facts in the case, Garda Sgt Kirby said that at noon on that day, an 80-year-old man with two walking aids exited his car. As he and his wife were returning to it, Mr McDonagh, who had been watching them from nearby, approached and asked if the man required assistance getting back into his car.
Sgt Kirby said that as the man was getting into the car, Mr McDonagh tried to rob him by taking his wallet from his pocket and the man shouted ‘he’s trying to rob me.’ He said a retired garda detective, Maria McWey, was in the vicinity, heard the man cry out and intervened.
Later the same night, Mr McDonagh approached another man, that he knew and asked him for €4 for a bus fare. Sgt Kirby said the man only had two €20 notes and a €10 note and offered the defendant the €10 note. However, Mr McDonagh pulled the two €20 notes from the man’s hand and ran off.
The court heard that the defendant has 30 previous convictions.
Defending solicitor Philip Meagher said: “When he’s off everything (drink and drugs), he is 100%, but when he’s intoxicated, he is a completely different fish. He has asked me to pass on his apologies to the two elderly people and to the man whom he knew. It was a mean act taking the two €20 notes, but even meaner again with what he did to the two elderly people.
“On the date in question he had taken a number of pills and his wife had asked him to exempt himself from the house. He was thankful to the court in giving him an opportunity back in July and is giving a commitment that he will double down on his commitment to engage in community service.” Judge Cody noted: “Mr McDonagh was before me in July on seven charges. He pleaded with me, begging me not to send him back to prison.
“It was appalling what he did to an 80-year-old man with two walking aids who was with his wife. He was a given his chance, but attempting to steal from an elderly gentleman?” Mr McDonagh asked if he could address the court, to which Judge Cody told him: “Get up so and give your evidence and bring a shovel with you.” “I was sitting on a bench. I did not try and rob the man. I am sorry for what I did. I had tablets on the day.” “You’ve dug deep enough,” said Judge Cody.
“It was a despicable act on an 80-year-old man and I am sentencing you to 11 months for that. I am also sentencing you to five months for the theft of the money, giving you a total of 16 months in prison,” said the judge.
He went on to fix an own bond recognisance of €100 with an independent €2,000 surety or a €2,000 cash lodgement.
Sgt Kirby said that retired Det Garda Maria McWey should be commended for her quick actions on the day.
