‘Little or no mitigation’ results in jail term for Longford theft

A Croatian national found guilty by a jury of the theft of a house key valued at €5 was sentenced to seven months in prison by Judge Kenneth Connolly.

Gordan Jakimenko (39) of no fixed abode had a jury trial at Longford Circuit Court having pleaded not guilty to four charges. The defendant was charged theft, trespass, threatening to kill and producing a knife at Clonbalt Woods, Longford on June 23 last.

The main State witness made an application to the court to remain anonymous in reporting of the incident.

She told the judge she was renting a room in the Clonbalt Woods house. Jakimenko and another Croatian man also rented a room. She told the court the defendant moved out around three weeks before the incident.

The landlord allowed him to store property in a shed at the rear of the house. The night before the incident she worked a 12 hour shift and on her return saw the defendants bicycle at the house.

The witness described being “a little nervous” because she was “a bit afraid” of Jakimenko. The defendant asked if he could go into the house to make a cup of coffee. Though initially hesitant the lady allowed him in because “she felt sorry for him” as he was homeless.

The woman went to her room for a couple of minutes and described what happened on her return to the kitchen: “Gordan got his cup of coffee and went out the back door. He took the key from the door and sat in the back garden with his coffee.”

The witness asked Jakimenko to return the key, but he refused. When she persisted he stood up, put his hand in his pocket and took out a sharp bladed knife. He said: “Leave me alone or I'll use this on you.”

The prosecution produced the item, a silver fold-out cut-throat razor, as an exhibit in the case. The victim was “taken aback”, went upstairs to the bedroom, locked the door and rang Gardaí.

Under cross examination by the defendant's barrister, Gerard Groarke BL, the witness agreed she had discussed with Jakimenko taking action to get the property owner to have it registered with the Residential Tenancy Board (RTB).

Mr Groarke put it to the witness that she “didn't like Gordan being about the house”. The barrister suggested his client had the razor out, but was using it to clean his fingernails. Counsel suggested that the woman's attitude to his client changed when he raised the issue of the RTB and she saw an opportunity “to get him off the pitch”.

Garda David Carthy gave evidence of his investigation into the matter and the interview of the defendant after his arrest. Garda Carthy said when the defendant was in the rear of the patrol car after his arrest he said “he was entitled to cut her”.

In his Garda interview Jakimenko described his former housemate as “bipolar”, “probably a junky”, “a xenophobic person” and “a crazy person”. When asked if he threatened the woman with the razor he said: “I've so much better things to do in my life than to kill her.”

In his evidence Garda Philip Weafer said he was unable to hear what the defendant said in the back of the patrol car as he was driving at the time.

Taking to the witness box Jakimenko was asked if the had threatened to kill his former housemate, he replied “definitely not”. In the course of his cross examination by prosecution barrister, Shane Geraghty, the defendant said he had asked to go upstairs to cut her.

Judge Connolly asked the interpreter to ask the question in Croation and translate the defendant's answer into English. The translator explained that the verb to shave and to cut were the same.

After deliberating for eight hours and four minutes the jury returned and found the defendant not guilty of trespass, threatening to kill and producing a knife. Jakimenko was found guilty of the theft charge.

Judge Connolly said the theft of the key was not one of monetary significance, but there was a security aspect for the victim. He said she could not go to bed after her 12 hour overnight shift because the defendant refused to return the key.

“As such the headline sentence is 11 months,” the judge said, “There is little or no mitigation in Mr Jakimenko's favour. He went to trial on the matter, and was not wholly co-operative in the investigation. Mitigation will reduce the charge to seven months. I will give him credit for the time served, but I'm not inclined to suspend any portion of the sentence.”

A destruction order was issued for the razor.