Munster Express Online

Man (23) found guilty of burglary and criminal damage

A Waterford man, who subjected a 96-year-old woman to a “horrendous experience” when he broke into her home on Christmas Eve 2014, was found guilty of burglary and criminal damage in the Circuit Criminal Court in Waterford, last week.
Sean Gaffney (23) of Number 269, Saint John’s Park, Waterford, had pleaded not guilty to robbery, burglary, criminal damage and assault on Angela Falconer at Bellview Terrace, John’s Hill, Waterford.
But at the end of a six-day trial, the jury of eight men and four women returned majority (eleven to one) verdicts of burglary and criminal damage after an absence of over three hours.
The court heard that Sean Gaffney and another man smashed the double glazed window at the rear of the house where Ms Falconer lived alone.
The elderly woman was dragged out of bed and thrown on the living room floor which was littered with broken glass. The men searched the house and made off with her mother’s expensive jewellery. The terrified woman managed to lock herself in the bathroom and remain hidden until the men left the house and she then raised the alarm.
DNA evidence found in blood samples collected off the shattered glass window and taken from the floor of the house as well as finger prints on a Bulmer’s can led the Gardaí to the accused man.
Prosecuting Counsel Noel Whelan, said it was the prosecution case that the accused man was one of two men who broke into the home of Angela Falconer at Bellview Terrace, John’s Hill, Waterford. The incident was a “joint criminal enterprise” and he was involved with the other man.
The suggestion that there were two intrusions into the house that night was fanciful, he said. There was one incident only and one of the two men was Sean Gaffney.
In fact he accepted he was in the house and his DNA was found in blood stains on the window curtain and on the broken glass. It put him at the scene and his finger prints were found on a Bulmer’s can outside the house.
Mr Whelan said that by his own admission to the Gardaí, Sean Gaffney was there and broke the window. Ms. Falconer saw the men going through her jewellery in the press. After she was thrown onto the floor she escaped and hid in the bathroom and stayed there for half an hour until the men left the house and it was safe for her to come out.
Addressing the Jury he said: “It is well the accused man might accept he was there in the house that night. His blood was all over the place but he tired to distance himself from the robbery and minimise his involvement.
“He avoided naming the man who was with him and suggested a memory lapse to explain the gap between leaving the Yellow House Pub, where he was drinking and lacerating his head on the glass window at Bellview Terrace.”
In her closing speech to the Jury, Elaine Morgan, BL, defending, said it was outrageous that the elderly lady of 96 years had been subjected to such a horrific experience.
When the accused man was arrested by the Gardaí he gave a full account but could not remember who was with him. A great many people woke up in the morning and could not remember the journey home the night before because of alcohol.
The accused was drunk and had been drinking Jack Daniels whiskey and spent €100 on drink. He acknowledged doing wrong and being in the house where he suffered a very significant laceration to his head. At that point he “copped on to himself” and turned around and left and had no dealings with Ms Falconer.
Ms Morgan said her client made no bones about being in the house and his conduct was shameful and he was ashamed that he got himself into this situation. He admitted trespassing but he was not charged with trespass.
When he was questioned by the Gardaí he did not exercise his right to silence and he answered every question put to him. He declined the advice of a solicitor and he gave forensic samples. He co-operated all the way and was open and 100 per cent honest.
Judge Eugene O’Kelly remanded Gaffney on bail to April 5th next with strict conditions which include signing-on at Waterford Garda Station daily, surrendering his passport and undertaking not to apply for travel documents.
He was also directed to stay away from the John’s Hill area of Waterford.