TWO men have been found guilty of theft at Limerick District Court after their planned “heist” at a Limerick city off-licence fell foul of a garda investigation.
26-year-old Ger O’Dwyer with an address at Brookville Avenue, Clareview, Limerick and co-accused, 43-year-old Frank Mostrodonato of Lord Edward Street in Limerick city were put on election by judge Tom O’Donnell for the indictable charges before the court.
Outlining the facts in the case, Inspector Brendan McDonnagh of Roxboro Road Garda Station told the court that on September 27 last, Mr Mostrodonato made a statement to gardai alleging that he was taken from his bed at gunpoint at 12.45am on the night in question and forced to go to the Fine Wines Off-licence on the Childers Road where he was manager.
The statement went on to say that Mr Mostrodonato was forced, at gun point by his lone assailant, to open the store, turn off the alarm and empty the safe of its contents.
Inspector McDonnagh told the court that the amount in question was €5,100 but after garda investigations were carried out, it was found to be a hoax, in the guise of a robbery.
Gardai, the court heard, arrested Frank Mostrodonato and his accomplice and alleged gunman, Ger O’Dwyer, where both were charged with the theft and Mr Mostrodonato separately charged with making a false statement.
Chris Lynch, defence solicitor for Mr O’Dwyer, told the court that his client was a 26-year-old student chef and was the father of one child with his partner expecting the couple’s second baby. Mr Lynch outlined to the court that his client was promised some €600 from the “enterprise” and was certainly “not proud” of the incident. Mr Lynch claimed that his client did not get any money from the theft and was in poor circumstances at the time but that he made full admissions of his part involvement to the gardai when quizzed. Mr Lynch said that his client was making “something of his life” through his studies and was a “family man now going well”.
Tom Kiely, solicitor for Frank Mostrodonato, told the court that his client had the “polar opposite in his account of events”, and that on entering a guilty plea to his involvement in the “enterprise” said that it was “Mr O’Dwyer’s idea”.
Mr Kiely said that his client felt a “moral obligation to help out his friend” who was “under a lot of pressure”. Mr Kiely added that his client did not “profit” from the theft and that Mostrodonato, originally from New Jersey, had a good record and was employed for a number of years in the city as a security professional. Mostrodonato, the court heard, had since left his position at the off-licence but had received an offer of employment from a local store who “were fully aware of Mr Mostrodonato’s circumstances”.
The court heard that as a result of this incident, Mr Mostrodonato was suffering from depression and had “considerable weight lost through the stress” and that the “whole matter had a profound effect” on him.
Judge Tom O’Donnell, noting that this was a very serious incident, said that the injured party still had not received “one cent of compensation” from either defendant. He also said that whatever disagreement existed between the accused men as to who the “author” of the enterprise was, was immaterial.
“This was a calculated, dishonest and devious enterprise between the two men with the aim of relieving Fine Wines of the money”.
Judge O’Donnell said that this was the first time he had been faced with such a case and gave credit for the fact that the “gardai twigged something wasn’t right” in the statement of Mr Mostrodonato.
Convicting both men of the theft, Judge O’Donnell said that “despite the letters and references brought before the court, this was a cold and calculated theft”. He sentenced both men to four months prison and ordered that the committal warrant be executed on May 4. Judge O’Donnell marked the case proved against Frank Mostrodonato for making a false statement and took it into consideration before adjourning the case.
