A FATHER-of-three young children who failed to supply a tracksuit to a woman after selling it to her online has been sentenced to two months’ imprisonment.
Kevin Power, aged 29, who has an address at Aos Cluain, Clarina was convicted of deception relating to a transaction in February 2016.
During a contested hearing at Limerick District Court, the injured party said she responded to an advertisement posted by the defendant on adverts.ie.
She said after agreeing to buy the tracksuit, she transferred €45 into Mr Power’s bank account and gave him her details.
The woman said the tracksuit never arrived and that she contacted gardai a number of weeks later.
Cross-examining the witness, solicitor Darach McCarthy put it to her that his client had posted the tracksuit and that it was “possible” she had given him the incorrect address.
While, the woman said she had sent her details via a smartphone app, the messages were not produced in court.
In his evidence the defendant, who has 51 previous convictions, insisted he posted the tracksuit at Mungret Post Office.
He told Mr McCarthy he had placed it in a black plastic bag which he had taped and that the postage had cost €7.20.
However, he was unable to provide a receipt (for postage) or proof of the address which he posted the tracksuit to.
“I withdrew the money, I posted the tracksuit a couple of days later,” he insisted.
After noting the €45 was withdrawn by the defendant on the same day it was lodged to his account, Judge Marian O’Leary said she accepted the evidence of the injured party.
After being informed that Mr Power is not in a position to pay compensation, she imposed a two month prison sentence.