Nine month jail sentence for cyclist caught stealing wooden gate and fencing

A Limavady man was caught red-handed stealing wooden fencing and a gate when police spotted him carrying the items under his arm while cycling through the town in the early hours of the morning, a court has heard.

Appearing before Limavady Magistrates Court this morning (Wednesday), charged with theft and going equipped for theft, was Mervyn McElwee.

The court heard that the 42 year-old was detected committing the offences by police officers who were dealing with another matter in the Eventide Gardens area of Limavady at 2.40am on October 24.

Officers observed McElwee cycle into the estate carrying a number of dark coloured wooden fence boards before going into his house.

As police were dealing with another matter at the time, they were unable to question McElwee.

When officers later returned to the area, they saw McElwee, of Eventide Gardens, cycling along the footpath carrying a large green coloured gate under his arm.

When police asked McElwee where he got the items from, he said he had found them on the Blackburn path in Limavady.

When McElwee was searched, officers found a crowbar and a screwdriver in his pocket.

As a result, McElwee was arrested and during interview he declined to answer any questions put to him, replying ‘no comment’.

The court heard that police later discovered that the gate and fencing had been removed from a Housing Executive property at Benevenagh Drive in Limavady.

Defence counsel, Nicola Roundtree told the court that McElwee has ‘limited recollection’ of the night in question.

Ms Roundtree added that McElwee instructs her that he didn’t need the gates.

“He had consumed a significant amount of alcohol,” she said.

During sentencing, District Judge Liam McNally noted that McElwee had first appeared before a juvenile court 30 years ago.

“It seems to me that he has learnt nothing over the last 30 years,” he said adding: “You appeared before this court on the 4th of September 2013 on a charge of criminal damage.  I gave you a suspended sentence then and just over one month later you are out stealing a gate and fencing.”

Judge McNally sentenced McElwee to nine months in prison.

The defendant was granted his own bail of £500 to appeal the sentence.