Criminals who target older people living in remote areas cause as much distress and disruption to society as Covid-19, a judge said as he jailed two men over a Co Cork burglary.
Judge Seán Ó Donnabháin said criminals targeting vulnerable people was particularly heinous as he jailed Niall Fitzpatrick (53) and Jerry O'Leary (62) for seven years each.
Fitzpatrick and O'Leary pleaded guilty at Cork Circuit Criminal Court to burglary by entering the home of an elderly couple at Kilberehert, Freemount on October 19th last and attempting to commit theft.
“The practice of city criminals going into rural areas is a virus every bit as virulent as that we are experiencing at the moment. It causes enormous hurt, fear and disruption in the community. People are left terrified,” the judge said.
He made his comments after Det Insp Vincent O’Sullivan told the court that gardaí had learned that Fitzpatrick, O’Leary and a third man were planning a burglary in a remote part of north Cork.
He said gardaí mounted surveillance on Fitzpatrick at his home at Corrin Close, the Glen on October 18th. He hired a car and collected O'Leary at his home at Brandon Crescent, Dillon's Cross.
Third man
They collected a third man who took over the driving and all three travelled to Freemount. The third man dropped off Fitzpatrick and O’Leary, who spent four hours in a wood staking out a farmhouse where a man (88) and woman (86) live. The court was told gardaí continued their monitoring of the three men, who travelled to Freemount again the next day in a hired car.
The gang waited for the couple to leave the house to go to Mass at around 6pm and the third man followed them, said Det Insp O’Sullivan.
Gardaí watched on as Fitzpatrick and O’Leary forced open a back window using a screwdriver before being confronted by members of the Armed Support Unit who were waiting inside. Fitzpatrick and O’Leary were then arrested.
Det Insp O’Sullivan said Fitzpatrick had 70 previous convictions for offences including robbery and that O’Leary had 48 previous convictions, eight of which were for burglary.
Defence barristers Sinead Behan BL, for O’Leary, and Paula McCarthy BL, for Fitzpatrick, said their clients had assisted the State by pleading guilty and spared the couple the trauma of a trial.
No confrontation
Ms Behan noted that there was no confrontation or threat of violence and that the only implement O’Leary had was a screwdriver to force open the window.
“There is no excuse for what he did but he had financial issues after getting involved in gambling and it was the lead up to Christmas so he fell into temptation,” she said. - “He is deeply ashamed and remorseful.”
Ms McCarthy said Fitzpatrick had written a letter of apology to the couple.
“He has an elderly mother in poor health and he has said if something similar happened to her, he would be horrified. He has genuine remorse and shame for what he did,” she said.
Judge Ó Donnabháin said it appeared to him that Fitzpatrick and O’Leary were “dedicated and committed criminals” and who were not going to change their ways at this stage of their lives.
He said that while there was no confrontation, the level of preparation and planning for the crime put it on a different level to an opportunistic burglary.
The gang had hired cars, changed drivers, brought changes of clothes, hidden in woods and staked out their target over two days, he said, adding that it was a carefully planned and calculated crime.
The judge paid tribute to gardaí for their professionalism in the case as he jailed both men for seven years and banned Fitzpatrick from driving for 10 years as he had no insurance or licence.
