Enniskillen Courthouse
A 46-year-old man who stole two Barbour coats from an Enniskillen store worth £400 has been given a six month custodial sentence, suspended for three years.
The case originally dealt with by way of a contest found Andrew Johnston, of Willowfield Crescent, Belfast guilty of stealing two coats from Home, Field and Stream, Church Street, Enniskillen.
Mr Harvey, Johnston’s defence told the court his client had now accepted responsibility for taking the coats and noted he was the sole carer for his 15-year-old son.
District judge Nigel Broderick said it was a pity Johnston didn’t admit his guilt before contest, but said the plea was to his credit eventually.
In the contest, heard three weeks previous the court heard evidence from a Home, Field and Stream employee Edward Bracken, who had observed the defendant enter the store at 10.15am on October 2, 2013. He observed Johnston taking a jacket into the fitting room before then leaving the store through the homeware section.
Johnston then returned to the store 10 minutes later, again returning to the clothing department. Mr Bracken observed Johnston’s behaviour from the CCTV footage and watched him take a jacket off a hanger and place the hanger underneath another rail of clothing.
Johnston again went into the changing room and a short while later emerged before leaving the store.
Two Barbour jackets; each worth £199 were unaccounted for after Johnston left the store.
CCTV footage played in court showed the defendant in the store with the Barbour coats in his hand before making his way to the changing rooms.
On November 16, 2013 Johnston was arrested in Enniskillen after returning to the store. When he left the shop and went to a nearby car, an off-duty police officer heard him say to the driver of the vehicle “I can’t do it, that boy’s watching me,” – referring to Craig Kingston from the shop standing outside.
The officer told the court Johnston had been pointing in the direction of the store.
Taking the stand Johnston admitted he had been in Enniskillen on October 3 for a ‘day out’ and had been in the store. He denied taking the jackets. The defendant noted that the two coats that were missing were a size 40 and size 46. “If you see on CCTV my coat at all times was open. It would be very hard to conceal a 46 coat, it would drown me.”
It was recorded in court on the day of sentencing that Johnston had brought the £398 outstanding to pay for the two coats.
In imposing his sentence the judge said it was quite clear what was unfolding from the CCTV footage, but recognised the defendant had demonstrated remorse in the pre-sentence report and had made restitution.
“If you had not made restitution or been the sole carer for your son I would have had no hesitation in giving you a custodial sentence.”
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