A defendant who was “a small cog, but a cog nonetheless” in a “significant criminal venture” was handed down a 15 month sentence, but had it suspended for three years at Longford Circuit Criminal Court.
Patrick Clyne (47), of 22 The Hollows, Longford entered a plea of guilty to the charge of possession of a car engine at Teemore Industrial Estate, Granard on March 14, 2017.
Garda Padraig Fahey outlined the details of the case to the court. The officers said the defendant was one of three people to come to Garda attention in respect of a raid on multiple premises in 2017. Garda Fahey said whereas one was already prosecuted another person, Edward Stokes, the main party in the eyes of the State, absconded to the UK.
The prosecution said Mr Clyne was “reckless” rather than “active” in his involvement in the matter.
Garda Fahey said in 2015 an investigation commenced when a member of the public entered a Garda station in Kerry. They were going to buy a vehicle from Edward Stokes and put a deposit down.
After making enquiries they realised the vehicle had been “clocked” by 100,000 km. They tried to withdraw from the sale and get the deposit back, but the vendor refused. Garda Fahey said a wider investigation led to a number of vehicles parked at a derelict site in Edgeworthstown.
The witness said up to six of those vehicles, mostly Ford Transits, were stolen.
On March 14, 2017 six other locations were searched, among them an industrial unit at Teemore Industrial Estate, Granard. Mr Clyne was working in this unit.
The court was told a number of engines were on the floor of the unit. Vans were stolen in England and shipped to northern Ireland with false number plates. Damaged or old Transits were bought in Ireland and the identity of the stolen vehicles was switched with the legitimate vehicles.
These were in turn “chopped” and the parts sold online. The VIN numbers were ground down and re-stamped.
The officer outlined an “extensive investigation” that led them to Edward Stokes and Amadeusz Dziubinski.
Although most of the engines found on the floor of the industrial unit Mr Clyne was working in had their VIN numbers scored off, one was identifiable. This was the engine the defendant pleaded guilty to possessing. The court was told it was stolen in the UK a year before, but the owner did not engage with the investigation.
Mr Clyne was “working for the man who was not before the court”. Although he had not been a financial beneficiary of the sales of the stolen vehicles he did facilitate online sales, brought the vehicles for VRT testing and allowed the use of his bank account for online transactions.
The defendant's counsel said Mr Clyne, despite coming from a good family, had racked up a debt of €5,000 after abusing drink and drugs. The court was told the defendant borrowed money off the main party, Mr Stokes. He cooperated with the investigation, and had no relevant convictions.
The state accepted the plea of guilty was significant as there were 47 witnesses listed in the book of evidence into the “significant criminal enterprise”. The court heard the main protagonist was still at large, despite the extensive work undertaken in the Garda investigation.
Counsel described Mr Clyne as a “good family man” adding: “In all circumstances the offending is deserving of prison, but I am asking you not to impose it immediately.”
In his summation Judge Kenneth Connolly spoke of the “substantial and expensive” investigation into the “elaborate criminal scheme”. He said whereas Mr Clyne was “a relatively small cog, he is a cog nonetheless.”
The judge said the defendant was “very foolish” to allow his bank account to be used by another person and this was a significant factor.
With regard to Mr Stokes the judge noted: “The warrant is still live, so he may be back to face the music in due course.”
Judge Connolly said rehabilitation should be at the heart of any sentence imposed. The judge set the headline sentence in the mid-range at two-and-a-half years. He described it as “an unusual case” as someone who had no material gain from the venture, no relevant previous and was otherwise a “good family man” should not have been involved in the criminal venture.
Judge Connolly noted Mr Clyne was back working in gainful employment and said he was “impressed” the defendant had gotten out of the situation he was in.
The judge mitigated the original sentence to one of 15 months in prison, but said he would suspend it for a period of three years on condition the defendant keep the peace, have not contact with Edward Stokes or Amadeusz Dziubinski and pay the sum of €750 within six weeks to the local council charity.
Subscribe or register today to discover more from DonegalLive.ie
Buy the e-paper of the Donegal Democrat, Donegal People's Press, Donegal Post and Inish Times here for instant access to Donegal's premier news titles.
Keep up with the latest news from Donegal with our daily newsletter featuring the most important stories of the day delivered to your inbox every evening at 5pm.