Lord Mayor of Cork called as witness in burglary case
The Lord Mayor of Cork was one of the witnesses called by the prosecution in the case against a man who denied carrying out a burglary at a house belonging to an 81-year-old neighbour in Friars Walk.
Kevin Coade, 40, with an address at 2 Friars Walk, pleaded not guilty to a charge that on July 25, 2018, at Annmount, Friars Walk, Cork, he entered a house as a trespasser to commit a theft.
The evidence was that the house was completely ransacked and property was stolen from the house.
The jury found him guilty on the evidence. Because of his extensive previous convictions and other factors, Judge Seán Ó Donnabháin sentenced Coade to seven years with the last two years suspended.
The judge said there was additional meanness in the crime to burgle the home of an elderly neighbour.
Co-accused, Martin Twomey of 34 Friars Walk was sentenced to five years with half of it suspended.
The victim described herself as a country girl who came to the city 50 years ago and said she was welcomed with open arms by neighbours as she and her late husband reared their family.
She said that before this burglary she felt safe in her home as people walked by chatting to each other and so forth.
However, she said that returning from a brief walk with a neighbour at 9.20pm that evening to see two burglars running out of her home had shattered her peace of mind.
Detective Garda Gordon Crowley said the 81-year-old had gone for a walk that evening in July with her 74-year-old neighbour as part of her rehabilitation from a stroke.
Sinead Behan, barrister, for Twomey, said that in his own words he said, “I thought this was a scumbag thing to do. I wanted to man-up.” And so he pleaded guilty.
Judge Ó Donnabháin said Twomey had shown some humanity in doing so.
Defence barrister, Donal O’Sullivan, said Coade had a heroin addiction at the time.
Earlier as the judge put the jury in charge of the case he reminded them of the evidence given by the Lord Mayor.
“You are asked to consider evidence including that of Mick Finn. The CCTV shown to him was in part slowed down. He was not shown still images.
"It was as played and it as slowed down. It is not for you to identify anyone.
What your duty is in relation to the video and the quality of the video and whether it is sufficient for someone who knew him to make a determination.
"It is for you to see, does he turn towards the camera? Did he get enough of a look at him clearly to make an identification? That is a decision you have to make,” the judge said.
Cllr Finn testified that he saw Kevin Coade on the street that evening and exchanged a few words with him. He knew him four or five years as someone living in the neighbourhood.
He was later asked to look at CCTV by gardaí investigating the burglary and he confirmed it was Kevin Coade in the relevant area.
Defence barrister, Donal O’Sullivan, asked, “Have you ever made a mistake in identifying someone?” Cllr Finn replied, “I never had to identify someone before.”
Mr O’Sullivan BL asked if in a casual way he had ever saluted someone who turned out to be a stranger rather than the person he thought he was. He replied, “Possibly, yes.”
However, in respect of his identification of Coade, he said, “I am certain it is him.”
