Woman walks free after judge rules cosmetics 'not stolen'

A woman on trial for allegedly trying to collect €10,000 worth of stolen cosmetics has walked free after a judge ruled the property wasn’t stolen as it had already been found by gardaí.

Caroline Burke (aged 35) of Rathvilly Drive, Finglas had pleaded not guilty at Dublin Circuit Criminal Court to handling property stolen from Salon Solutions, Redleaf Business Park Turvey Avenue Donabate on August 16, 2006.

Prosecuting counsel, Mr Dominic McGinn BL, said the owner, John Fallon, called gardaí after he realised the wholesale warehouse had been burgled the previous night.

Mr Fallon and gardaí conducted a search of the area and found most of the stolen goods hidden under a metal sheet in the adjoining field. Gardaí decided not to move them and instead waited for the burglars to return and pick them up.

Mr McGinn said at around 9.40 that evening a woman was seen driving up to the field. He said that two men exited the vehicle and approached the stolen goods before armed gardaí announced their presence and shone a light on them.

All three ran but the accused and one of the men were caught soon after. The third suspect escaped but was arrested later by gardaí

.

Judge Patrick McCartan agreed with a submission by defence counsel, Mr Cormac Quinn BL, that because the property had already been recovered by gardaí, it could no longer be classed as stolen when Ms Burke arrived.

Judge McCartan told the jury: "If it was five minutes later and one or two of them had lifted up the products and taken them to her car and they drove away, the property would then have reverted back to been stolen."

He directed the jury of six men and six women to find the accused not guilty due to lack of evidence.