Man sues State over `larceny by finding' charge

A stonemason was arrested in a cemetery shortly after he reported finding a wallet containing $2,000 in cash and $2,000 in travellers…

A stonemason was arrested in a cemetery shortly after he reported finding a wallet containing $2,000 in cash and $2,000 in travellers' cheques, the High Court was told.

Mr Martin Cadden claims gardai told lies and did not behave honestly in relation to the matter. He reported the find to North West Radio and a Garda station but was later arrested.

Mr Cadden (40), of Maugheraboy, Co Sligo, is suing the State for damages for libel, slander, battery and false imprisonment. The claim is denied.

In court yesterday Mr Adrian Hardiman SC, for Mr Cadden, said that at about 10.15 a.m. on August 15th, 1996, Mr Cadden and an employee were travelling in his lorry. Just outside Sligo they found a wallet with money and documents owned by an American man.

READ MORE

Counsel told Ms Justice McGuinness and a jury they would be satisfied that Mr Cadden had made every effort to restore the wallet to its owner.

He rang North West Radio which had a lost-and-found section in a programme. He was told the station had been advised not to put out announcements about large sums of money except on the say-so of gardai.

Mr Cadden then phoned Sligo Garda station and asked if they had a report of a wallet with valuables being lost. Mr Cadden introduced himself by name and said to ring him if somebody reported the loss. He gave his mobile phone number.

He went to the cemetery to do some work. About 11.30 a.m. he got a call from a man who said he was ringing from the Garda station, that there had been a report in relation to the wallet and to drop it in.

Mr Cadden asked the caller, presumably a garda, if he could speak to the man (the owner of wallet) because it was not convenient there and then to drop in the wallet and asked the caller to get the man to contact himself.

At 12.15 p.m. two gardai arrived at the cemetery. Mr Cadden was asked if he had rung the Garda station and if he had found money. He said he had. He was then told he was being arrested for "larceny by finding".

Counsel said the State was claiming Mr Cadden was not actually arrested and had gone to the Garda station voluntarily. The gardai also claimed Mr Cadden had spoken to the owner of the wallet. If making such a claim, they might produce the owner to say so, he said.

Mr Hardiman said the jury would be satisfied that Mr Cadden behaved honestly. For the gardai to suggest they did not know it was Mr Cadden was a downright lie. They had a conversation with him and for some reason it annoyed somebody and two gardai had come and brought him involuntarily to the station.

The hearing continues today.