THE case of the alleged theft of €20 that had fallen from the pocket of a prisoner as he was led through the public waiting area of Henry Street Garda Station, was heard at Limerick District Court.
The court heard that James Tuohy was sitting in the public area when a man was led through the hallway by gardai.
A €20 note fell from the prisoners pocket and Tuohy, aged 21, was observed by gardai picking it up and putting it in his pocket.
Tuohy, with an address at 21 Clarisford, Killaloe, was intoxicated as he awaited an acquaintance who was with gardai at the time.
Chris Lynch, solicitor, said that his client was part of a “unique set of circumstances” and that the gardai did not have to go far to find him.
Tuohy was questioned at the time and having first denied the allegation, he later made admissions to taking the money from the floor.
The solicitor added that his client did not remember the incident and he just remembered picking up the sum of money from the floor.
Judge Tom O’Donnell questioned the charge before the court that pertained to the accused man stealing from the Department of Justice, and Inspector Seamus Ruane, explained that he felt the DPP preferred that charge as the injured party was a prisoner of the State and therefore, his belongings fell under the auspices of the relevant custody legislation.
Judge O’Donnell said that he would have found it difficult for a jury to be convinced of the charge and struck the matter out.
