Judge urged not to jail driver of getaway car used following burglary in Limerick village

A CAR used in the burglary of a shop in Kildimo was later driven at a garda vehicle before “a very serious chase in the city”, Limerick Circuit Court heard.

Eddie Carey, aged 27, of Byrne Avenue, Prospect, Limerick city pleaded guilty to a number of charges including endangerment, unlawful use of a vehicle, burglary, dangerous driving and no insurance.

Prosecuting barrister, John O'Sullivan, instructed by state solicitor Padraig Mawe, outlined the evidence with the assistance of Sergeant Brian Grogan.

Mr O’Sullivan said on May 21, 2019, a woman parked a Nissan Qashqai outside her home in the South Circular Road area of the city.

“She left the car keys on a hall table two metres from her front door. When she got up in the morning she saw the car was gone,” said Mr O’Sullivan.

The barrister said at 5.05am on May 22, 2019, the same Nissan Qashqai pulled up outside a shop in Kildimo which encompasses a post office.

“Two males got out, broke a window in the shop and entered through the window. They took €150, which was the float, from the till and €30 in coins. Fortunately, the accused could not gain access to the post office,” said Mr O’Sullivan.

Sgt Grogan confirmed that a still image of Mr Carey was taken from CCTV. On the following morning at around 4.50am Sgt Grogan was on plain clothes duty in an unmarked patrol car. The garda observed the Nissan Qashqai park up at Fitzhaven Place.

“There were two males wearing gloves. The gardai activated the blue lights to stop their escape. The Nissan Qashqai was driven at the passenger side of the garda vehicle to avoid being boxed in,” said Mr O’Sullivan. Sgt Grogan agreed with the barrister.

Mr O’Sullivan said the Nissan Qashqai was driven onto the South Circular Road with “no concern for oncoming traffic”. The court heard the Nissan Qashqai was driven the wrong way down South Circular Road, turned right at Naughton’s Place, went down an alley at high speed, ran a red light at Bobby Byrnes pub and continued onto Wolfe Tone Street.

Mr O’Sullivan said the vehicle being driven by Mr Carey narrowly missed hitting parked cars. The chase continued on through Roden Street, on the wrong side of the road on O’Connell Avenue, Quinn Street, South Circular Road, St Alphonsus Street and onto the Dock Road.

“The vehicle was pulled up near a Circle K petrol station and the two in the car attempted to run off. After a foot chase the two males were arrested. A Mr X has absconded and may be in England,” said Mr O’Sullivan.

The Nissan Qashqai which was not damaged was returned to its owner.

“The whole experience was very upsetting for the owners of the small country shop and post office and for the owner of the car due to the intrusion into her property and being deprived of her car,” said Mr O’Sullivan, who also spoke of the manner of driving in a highly populated area.

The prosecuting barrister described Mr Carey as a “recidivist offender” with multiple offences dating back to 2011.

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Kenneth Kerins BL, who represented Mr Carey, said his client hasn’t come to garda attention in the last two and a half years.

Answering questions from Mr Kerins, Sgt Grogan said Mr Carey has held down a job for the last two and a half years, believes he and his partner had a second child and bought a house.

“He is the most stable I’ve ever seen him,” said Sgt Grogan.

Mr Kerins said Mr Carey was living a chaotic lifestyle at the time.

“There was substance misuse. He has since detached himself from his peers and stayed out of trouble. He is a technician in Regeneron and is on the third stage of advancement. He is a mortgage holder. He is 27 albeit an immature 27. His eldest son has autism. He comes to court with €500 as a gesture of remorse.

“There is a vulnerability to Mr Carey. He shows great promise. He asks the court to extend a helping hand instead of an iron fist,” said Mr Kerins.

Judge Tom O’Donnell described it as an “outrageous performance” by Mr Carey.

“It was a very serious chase in Limerick city, running red lights, down narrow lanes. I’m surprised there wasn’t an accident. The driving was outrageous,” said Judge O’Donell.

Other aggravating factors the judge spoke of were Mr Carey being on bail at the time and his “appalling list of previous convictions”.

The mitigation factors were his plea of guilty, a very positive probation report and the changes in his life outlined by Mr Kerins including having a steady job and obtaining a mortgage.

“An immediate custodial sentence would upend matters,” said Judge O’Donnell, who adjourned the case until next February for a short probation update.

“Let me make myself abundantly clear. If you are convicted of any other offence, in particular road traffic, all bets are off. I am taking an enormous risk in light of the evidence. I am very grateful to Sgt Grogan. I am keeping my options open. I am taking a huge leap of faith on you,” said Judge O’Donnell.