Jimmy Martin writes to Judiciary to apologise for burglary crimes comment

A senior official at the Department of Justice has written to the President of the District Court to apologise for remarks he made implying judges do not regard burglary as a serious crime.

Jimmy Martin, assistant secretary in charge of prisons, told the Dáil Public Accounts Committee (PAC) last week that: “Our perception is that the Judiciary did not view burglary as a serious offence.”

When Fine Gael TD John Deasy described his comment as “pretty amazing”, Mr Martin said by way of explanation that although burglary was classed as a serious offence, it was dealt with, in the first instance, in the District Court, which normally deals with lesser crimes.

“We thought there was a perception that if it was a District Court-type offence, it was not regarded as being serious,” Mr Martin said.

Noel Waters, acting secretary general of the department, quickly intervened to say the department was “in no way” criticising the Judiciary. However, Mr Martin’s remarks were widely reported and he has since written to District Court president, Judge Rosemary Horgan, to apologise, saying it was a matter of “professional and personal concern” that he would be seen to criticise the Judiciary — whose functions are separate from the State.

During his appearance before the PAC, Mr Martin also made reference to a new Criminal Justice (Burglary of Dwellings) Bill being introduced by the Government, defining burglary as a serious offence for the purpose of bail hearings.

“That is on the basis of the dwelling having a particular constitutional protection so burglary of a dwelling will be perceived as a much more serious offence than burglary of a building other than a dwelling,” he said.

Ironically, Mr Martin’s comments come at a time when an elderly farmer has revealed that his son is being sued by the burglar he shot while robbing his father’s home.

Graham Lowndes, 50, shot convicted criminal Matthew Fahey, 38, in the arm after Graham arrived at the home of his father, Richard Lowndes, 82, in April 2012, to find it had been raided. His father had let Fahey and a female companion into his home in Swords after they told him their car had broken down.

However, he left them in situ when he had to go out and asked them to ring a taxi. When his son arrived at the property some time later, he discovered it had been raided. He caught up with Fahey and discharged a shot gun, injuring Fahey in the arm. Fahey subsequently made a complaint to gardaí and Graham, a father-of-two from Kilsallaghan, north Dublin, was charged with reckless discharge of a firearm. He awaits trial. Fahey, from Finglas, claims he has 17 pellets in his arm and is in pain to this day.

Mr Lowndes Snr told reporters at the weekend that he was “furious my son is being sued by a prolific burglar”.

“Fahey left an awful mess in my house. He wrecked it, smashed my window, invaded my home and yet he is now suing my son,” Mr Lowndes said.

The pensioner has installed CCTV cameras and has a guard dog but says he does not feel safe.

Last week, the Government announced a a €5m plan, Operation Thor, to target prolific burglary gangs amid growing public unease at spiralling rural crime.