Derek McDonagh, of Marina Court Apartments, Bundoran, County Donegal, pleaded guilty to damaging a vehicle belonging to Charles McDonagh on October 6, 2015 at court in Fermanagh.
The court heard that, at around 7.35pm, police were contacted by staff at the South West Acute Hospital, outside Enniskillen, and informed that three males had been disturbed while attempting to break in to a Vauxhall Zafira at the medical facility’s underground car park.
CCTV footage of the incident was obtained. It showed three males arriving in the car park at 7.28pm.
Two of the males, both wearing hoodies and balaclavas, proceeded to smash up the car, while the third videoed the damage caused on a smartphone device.
The third male, who was wearing a blue boiler suit and a balaclava, appeared to be directing the damage.
Just under a minute later, the three men left the car park.
Over a month later, a vehicle matching the description of the one used by the perpetrators was stopped by police on Sligo Road in Enniskillen.
The defendant, who was driving, was spoken to and appeared “nervous”.
During a search of the vehicle, officers uncovered a Samsung mobile phone that matched the description of the device seen on the CCTV footage.
The defendant confirmed that it was his phone and unlocked it, reports the Impartial Reporter.
McDonagh was subsequently arrested for criminal damage and his phone was examined. Video pictures of the incident were found on the phone’s memory, the court heard.
The defendant was further interviewed in connection with the incident in February this year, but remained silent.
A total of Stg£9,959 worth of damage was caused to the vehicle, the court heard.
After hearing the outline of the facts in the case, district judge Nigel Broderick observed that it was a very serious matter and the defendant’s liberty was at risk.
The judge noted that the car involved belonged to McDonagh’s uncle and asked: “Was this some family feud?”
Defending solicitor, Oliver Roche, replied: “Obviously.”
The solicitor said his client suffered from mental health problems that meant he was unsuitable for any community-based disposal, such as probation or community service.
In mitigation, Mr Roche said that the defendant had a clear record in the North and asked the judge to consider the possibility of imposing a suspended sentence.
The judge observed that the two other males, who had never been apprehended, had been causing the damage at McDonagh’s behest, adding that he was the “main controller”.
Mr Broderick said that, when he first heard the facts, custody was at the forefront of his mind.
However, taking into account the defendant’s significant history of poor mental health and his unsuitability for community-based disposals, the judge said that an immediate custodial sentence would not be appropriate.
Instead, the district judge, Mr Broderick imposed a six-month jail term, suspended for two years, and concluded by ordering McDonagh to pay £300 compensation.