Three men have been jailed for a burglary carried out while two elderly people were in the house in South Dublin three years ago.
Edward Wall (52), Martin Wall (45), Patrick Wall (21), pleaded guilty during a trial earlier this year to the burglary in Killiney on February 19th, 2021.
The elderly people, who were aged 83 and 79, were oblivious as they were in a different part of the bungalow at the time of the burglary.
On Friday, Dublin Circuit Criminal Court heard €19,800 of gold jewellery was taken, with all property returned.
Judge Elva Duffy jailed Martin and Edward for four years and Patrick was sentenced to three-and-a-half years with the final 12 months suspended.
The men were arrested at Mackintosh Park in Dun Laoghaire following a garda operation.
Detective Garda Mark O’ Neill of the Drugs and Organised Crime Bureau told the court that gardaí carried out surveillance after receiving intelligence about a gold Mercedes as they were concerned it was going to be used for criminal activity.
The car was observed driving on the M50 and seen to have conducted a number of anti-surveillance manoeuvres, the court heard.
The court heard brothers Edward and Martin stayed in the car and Patrick and another man entered the house through a bedroom window.
Det Gda O’Neill told Anne-Marie Lawlor SC, prosecuting, that on February 19, the car they were in drove towards Rochestown Avenue and eventually went on to Mackintosh Park. It had run a red light on Pottery road, the court heard.
The five occupants of the car were arrested. Gloves which were found on the road discarded from the car en route were the same type as those found in it when it was stopped. Martin was driving, Edward was in the passenger seat and his son Patrick was in the rear seat.
A number of items were found in the car including a crowbar, a lump hammer and a torch.
A hole was cut behind the rear drinks holder to allow access to tools in the boot. The person who sold the car told gardaí he did not make that alteration to the car which Judge Duffy said showed the burglary was pre-planned rather than opportunistic.
The men were arrested and interviewed. Edward said he had never seen the hammer, crowbar and the torch. Martin said a judge in Dun Laoghaire District Court had previously given him back the tools. Nothing of evidential value arose from an interview with Patrick Wall.
Edward Wall of Fortunestown Crescent, Tallaght has 40 previous convictions.
Martin Wall of Woodbine House, Pollardstown, The Curragh, Kildare has 12 previous convictions, including two for burglary.
Patrick Wall of Fortunestown Crescent, Tallaght has four previous convictions, including one for possession of stolen property where €79,000 was dug up from a field in Rathcoole, the court heard. He has three further convictions since the commission of this offence.
Guilty pleas were entered earlier this year in advance of a trial date.
The elderly couple declined to make a victim impact statement.
Edward Wall’s counsel Garret Baker SC asked the court to take account of his particular personal circumstances. He told the court his client’s brother took his own life and his 18-month-old baby died of cot death. He had problems with alcohol and went on to take cocaine.
Mr Baker asked the court to be as lenient as possible given his client’s guilty plea meant the elderly victims did not have to give evidence. He also said the wider family had collected a sum of compensation.
Martin Wall’s counsel Padraig Dwyer SC said his client was a father-of-seven and is a carer for his son who has a disability.
He said his client had alcohol difficulties in the past. Mr Dwyer said a report placed him at high risk of re-offending.
The court heard that he wanted to surrender his bail money to give to the victims as compensation. Mr Dwyer said once matters were finalised Martin wanted to take up residence in the UK.
Patrick Wall’s counsel, Hugh Hartnett SC said his client was 17 at the time. A letter from a retired social worker had said Patrick’s grandfather was one of the first Travellers to settle down to a sedentary life.
“There is a probation report, and it cannot be described as glowing,” said Mr Harnett. He said his client was a suitable candidate, but he would not engage as he wants to leave the country to live in the UK.
The judge said that although Martin Wall and Edward Wall did not go into the house, they were active participants who were part of a joint enterprise having acted as “lookouts”.
Judge Duffy said she would not hand over compensation as “peace of mind was not going to be returned” to the victims, so she was not applying monies in this case.
