A man who appeared before Longford District Court last week charged with stealing an eight pack of cans from a store in Ballymahon has been ordered to pay back the €14.50 outstanding.
Shay Slevin, with an address in Crawbeg, Ballymahon was told by Judge Seamus Hughes that if there is no trouble between now and January 19, he would strike out the charges.
Mr Slevin pleaded not guilty to the theft of eight cans of Guinness from the Ballymahon store.
The court heard that the incident occurred at 7.25pm on June 13, 2020, when Mr Slevin went into the store and tried to pay for the eight cans of Guinness.
Staff at the store refused to sell Mr Slevin the alcohol, telling him he was already too intoxicated.
Mr Slevin then allegedly took the cans of Guinness and his money and walked out of the store. As he went down the street, he started to drink the cans, the court heard.
When gardaí arrived, he had already drank some of the Guinness he had taken.
Gda Fitzpatrick was made aware that Mr Slevin was being refused sale because of the level of intoxication.
“How did he walk out of the shop with the cans if he was refused sale?” asked Judge Hughes.
“He wasn’t at the conveyor belt checkout. He went to the counter and once his business was declined, he was able to take the cans and leave the shop,” explained Gda Fitzpatrick.
Defence solicitor, Frank Gearty, said that his client insists he was not intoxicated on the day in question.
“He offered his €50 and the lady behind the counter refused to accept it and he walked out with the cans,” said Mr Gearty.
“The shop had declined the payment proffered.”
“So you’re saying that anyone, including a child, who is refused alcohol, could still walk out afterwards with cans,” Judge Hughes mused.
“While he’d love to be under 18 again, he’s not. He’s sixty,” said Mr Gearty.
Mr Slevin was known for rearing wild pigs and had 120 pigs on his forest land at one stage, Mr Gearty explained. He was also known for his “nuclear” freerange eggs.
“He has to pay for the cans of Guinness,” Judge Hughes ordered.
Addressing the court, Mr Slevin said that he’d had over €300 in his pocket that day after being up north buying cattle.
“I left €50 on the counter. I wasn’t that drunk. If I was able to walk accross the road with them cans under my arm, I wasn’t that drunk,” he told Judge Hughes.
“I didn’t let the cans fall. If I was drunk, I’d have let them fall,” he added.
“How intoxicated was he?” Judge Hughes asked Gda Fitzpatrick.
“Highly intoxicated,” Gda Fitzpatrick replied.
“He was highy intoxicated but he didn’t drop his cans,” said Judge Hughes.
Mr Slevin pointed out that the store got six cans back out of the eight.
Judge Hughes told Mr Slevin to pay the outstanding €14.50 for the remainder of the cans and adjourned the case to January 19, when he is likely to be leanient and strike out the charge.
“You go into him and pay that. And leave it on the counter, even if he doesn’t take it,” Judge Hughes concluded.
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