Courts

Woman accused of stealing potted plants takes High Court case over lack of CCTV evidence

Court hears judge ‘erred in law’ in indicating she would consider witnesses’ evidence of what they saw on CCTV even though gardaí ‘failed in their duty’ to preserve footage

The High Court granted permission for a woman accused of theft to proceed with her action against the DPP. Photograph: Chris Maddaloni/Collins
The High Court granted permission for a woman accused of theft to proceed with her action against the DPP. Photograph: Chris Maddaloni/Collins
Paul Neilan
Wed Dec 11 2024 - 21:04

A woman accused of the theft of potted plants from a shop in Dundalk has been permitted to proceed with her High Court claim over CCTV evidence that is no longer available.

Shannon Judd, of Cox’s Demesne, Dundalk, Co Louth, has brought her action against the Director of Public Prosecutions (DPP) to prevent them from taking any further steps in prosecuting an alleged theft of potted plants worth €43 in Dundalk in December 2022.

Ms Judd is accused of theft from Costcutter Supermarket, Clanbrassil Street, Dundalk on December 23rd, 2022, and appeared in Dundalk District Court on December 6th, 2023.

The applicant instructed her solicitor, Peter Lavery, that she could not recollect if she was in the Costcutter shop on the date in question and asked her solicitor to request disclosure of CCTV footage and statements from any witnesses.

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A statement from a shop worker at Costcutter and a garda were supplied to Ms Judd’s solicitor, but not the CCTV. The shop worker claims he viewed CCTV and could identify the applicant whom, he says, he knows from the shop.

The shop worker says he downloaded the CCTV footage and gave it to Garda Declan Ward, who also claims to identify Ms Rudd.

In November 2023, Gda Ward charged Ms Judd with the alleged theft and a request for the CCTV footage was submitted by Mr Lavery. Gda Ward responded to the request, saying he could not locate the footage.

Mr Lavery inquired if the prosecution was proceeding without the “crucial” CCTV evidence in the case and was told by gardaí that his client had been identified by a staff member and a garda and that the case would proceed.

Mr Lavery submits that the District Court judge stated the evidence of the garda on having viewed the CCTV footage was acceptable and similar had been accepted by the judge in the past. It is submitted the judge erred in law in indicating she would consider the worker’s and garda’s evidence of what they say they saw on CCTV even though gardaí “failed in their duty” to preserve the footage.

Mr Lavery submits that the court indicated if there were to be a guilty plea the judge would be lenient with Ms Judd by finding the facts proved and striking out the matter if €43 was paid in compensation.

Mr Lavery submits Ms Judd could not plead guilty as she did not know whether she was at the shop on the date alleged.

Last July, Ms Judd elected to plead not guilty and the DPP consented to the matter being summarily disposed of at District Court level.

Mr Lavery submits that the trial is prejudiced against Ms Judd and should not be allowed to proceed due to the absent CCTV evidence and the time which has passed, and that the judge, in seeking to “encourage” his client to plead guilty by indicating the order she would make, erred by having insufficient regard to the presumption of innocence.

At the High Court this week, Ms Justice Mary Rose Gearty granted Lily Buckley BL, for Ms Judd, permission to proceed with the case, which is adjourned to next month.