Kildare man steals almost €300 worth of goods from Tipperary shop in 'joint enterprise'

The man received a five month prison sentence at Nenagh District Court

A Kildare man has been given a five-month prison sentence for his part in a “joint enterprise” to steal almost €300 in goods from a shop in Roscrea. 

Tomasz Stalis (35) of Apartment 9, The Court, Dublin Street, Kildare was convicted of theft from Lidl on the Birr Road, Roscrea on July 23, 2022, at a sitting of Nenagh District Court. 

Mr Stalis pleaded not guilty to the offence. 

'CALM AND NORMAL'

Store Manager Cathal Cleary told the court that on the day of the incident, three men, two in dark clothing with rucksacks and one in grey entered the store and stole €258 worth of alcohol and €33.99 in groceries.

He said the men arrived together in a BMW but entered and navigated the store separately, meeting up to pack the items into bags. 

He said they carried out the theft in a ”calm and normal” manner that suggested they knew the layout of the shop. 

Mr Cleary told the court that two of the men paid for some small items before leaving with their bags full.

Following the incident, Mr Cleary provided gardaí with CCTV footage of the incident. 

Acting for defendant solicitor Connor Delaney put it to the witness that while he said Mr Stalis had left the store with a trolley, he had, in fact, left empty-handed and so had not stolen anything.

“I think it is clear that your client came in with two other people, all with the intention to do what they did.

“I realise what is in someone’s head is not evidence but he was part of a three-person group who entered my store and stole from my store,” replied Mr Cleary.

CCTV Garda Young played for the court the CCTV that was provided by the manager.

Over seven different parts of the store, the court saw the three men enter and the defendant went to the alcohol sections twice, took bottles from the shelves and put them in a cardboard box he took at the front of the store. 

On the first occasion and from another aisle, Mr Stalis can be seen putting the six bottles in another man’s trolley before returning to the alcohol section.

A few minutes after the second time, where Mr Stalis took three more bottles, he can be seen carrying an empty box around the store. 

In the footage, a second man also enters the alcohol aisle and takes two more bottles.

All three men went to the checkouts. The other two men paid for some items at separate checkouts.

Mr Stalis can be seen leaving the shop with nothing in his hands. 

Garda Young told the court the other two men were never identified. Mr Stalis was identified from his car registration. 

The total value of the items stolen was €291.99.

“This was a joint enterprise,” said Garda Young. 

'JUST A LIFT'

Garda Barry Ahearn told the court that following the incident, he made contact with the defendant in Kildare. 

In the memorandum of interview, Mr Stalis told gardai that he had only given the two other men a lift to the store.

He said he had met them a few hours earlier at a BBQ in Killarney and they asked him to take them to the store and to bring them bottles from the alcohol section.

Mr Stalis confirmed for the gardaí that it was him and his car on the CCTV footage. 

But, he said he did not have a way for gardaí to contact the two other men and he did not expect to see them again. 

He said he had purchased his items and left and he wasn’t aware the other men had stolen anything from the store.

'TEAMWORK'

Mr Delaney put it to Garda Ahearn that his client can be seen leaving the store with nothing in his hands. 

The CCTV, he said, only shows Mr Stalis putting bottles in a box and then transferring them to the trolly. 

“That is hardly a crime,” said Mr Delaney.

Garda Ahearn responded: “I believe they worked as a team.” 

Inspector Aiden Lonergan asked the garda witness why he believed they worked as a team.  The guard told the court it was obvious from the CCTV that they “communicated” with each other in a way that suggested they knew they would “get away with the crime.”

'ANOMALIES'

In closing, Mr Delaney argued that the state had not proven beyond reasonable doubt that Mr Stalis had done anything other than put items in a trolley.

He said it was clear his client left the store empty-handed and there were discrepancies in the statements.

“There are far too many anomalies in this case to safely convict,” said Mr Delaney.
 

Inspector Lonergan said he felt the state had made its case. 

'SLICK'

Judge Shalom Binchy said she was satisfied that the men had “acted in concert” and found the accused guilty. 

She described the manner of the offence as “slick” and showed “a level of planning.”

The judge said she did not find the defendant's statement to gardai to be credible.

“The actions of the accused in my view constitute joint enterprise,” said Judge Binchy. 

The court heard Mr Stalis has eight previous convictions including three for theft. 

He is currently serving a three-year sentence with the final two years suspended for perverting the course of justice and is due for release in March 2025.

For this offence, Judge Binchy imposed a five-month sentence starting the day of the hearing. 

She said in sentencing she considered the manner of planning and the fact that the defendant contested the case. 

Judge Binchy said the defendant’s previous convictions and the fact that he has not offered any restitution to the store were aggravating factors. 

“It’s a huge loss to them,” said Judge Binchy.