A LIMERICK man has been acquitted of a burglary charge after a fire at Henry Street Garda Station destroyed the evidence. Limerick District Court heard that an explosion in the boiler room downstairs at Henry Street station destroyed the evidence collected in the case against Gerard Molloy (30) of Grinnan, Westbury, who was accused of burglary at Tuscany Bistro, Annacotty in the early hours of the morning on January 11, 2010.
Mr Molloy pleaded not guilty to the burglary in which CCTV footage showed a man gain entry to the rear of the bistro causing over €2,000 damage to doors, a window and a sink which caused extensive flooding.
However, Judge Eugene O’Kelly said that despite the early detection of the incident by gardai and the “exemplary manner” of the investigation, the case brought by the State was “unsatisfactory” because the gaps in evidence were “unacceptable and insurmountable” .
Judge O’Kelly’s remarks came as the court was told that because of a lack of storage facilities, the evidence was destroyed after an explosion occurred in a boiler room where the evidence bags were left.
Gardai were complimented for their “immediate and rapid response and in particular Garda Colm O’Shea for his presence of mind in preserving the scene and Garda Brendan Fitzgerald for his promptness in obtaining casts from footprints left in the snow.
However, Judge O’Kelly said that despite their best efforts in obtaining evidence, it was “unsatisfactory, sad and sorry that the gardai could not provide secure storage for exhibits”.
The court heard that Limerick was enveloped in snow and ice when gardai responded to the report of a burglary at the Tuscany bistro in Annacotty.
Garda Conor Cronin stopped a van near the Kilmurray roundabout and spoke with the two occupants one of whom was Gerard Molloy. He saw that one was wearing footwear similar to the footprint left in the snow at the scene. The pair were interviewed in connection with the burglary at the bistro a short time earlier.
The accused man, who had no previous convictions, was arrested as was his father Gerry Molloy snr and brought to Henry Street garda station.
CCTV footage showing a man breaking a window at the rear of the premises and climbing through it was screened in the court.
Garda Colm O’Shea found a set of footprints in the snow leading to the property indicating that the intruder wore an Adidas brand of trainer with circular type spikes on the sole.
Garda Michael Houlihan, who is responsible for crime scene evidence at Mary Street Garda Station, went to Henry Street to retrieve the exhibits but was unable to locate them as they were destroyed in the explosion on January 21, 2011 after being stored in the boiler room because of a lack of storage space at the barracks.
After being told of the detailed movements of the exhibits, Judge O’Kelly said it “beggared belief that in a city such as Limerick that there was not a secure storage facility available.”
Addressing the owner of Tuscany Bistro, Ms Sabyna Amadeo, Judge O’Kelly said that the exhibits that could have linked the accused person to the burglary, were destroyed. There was no satisfactory record and the manner in which the evidence was so casually and carelessly dealt with was unacceptable.
Dismissing the case, Judge O’Kelly said the State’s case was going to “rely on circumstantial evidence at its best but because of the gaps in evidence, there was a real risk of an unfair trial or unfair conviction”.
