No jail for Youghal man who damaged house and truck with excavator

The court heard that he damaged 30 metres of concrete-framed wood fence, the front corner of a house, and a Scania tipping truck

Judge James McCourt said the two-year sentence was suspended on condition that he would keep the peace for the next five years. File picture: Larry Cummins

A 53-year-old Youghal man with no previous convictions got a two-year suspended sentence for causing thousands of euro worth of damage to his family’s property by smashing through 30 metres of fencing with an excavator causing extensive damage to a tipping truck and some damage to a house under construction.

Declan Walsh of Kilnatoora, Youghal, County Cork, was sentenced at Cork Circuit Criminal Court where he pleaded guilty to three counts on the indictment against him, namely that he damaged 30 metres of concrete-framed wood fence, the front corner of a house, and a Scania tipping truck.

Judge James McCourt said the two-year sentence was suspended on condition that he would keep the peace for the next five years, continue to take medication, continue to see his counsellor every two weeks, maintain sober habits and stay away from his family “unless or until relations are restored”.

The judge told the accused that other members of the defendant’s family had taken the correct approach to a dispute by going through solicitors and he said this was what Declan Walsh should do in future if he had any issues in relation to the property.

Sergeant Mark Ward said damage to the truck amounted to €32,000 while damage to the concrete fencing posts and timbers cost €5,800. Damage to the house was fortunately superficial.

The background to the case was that the defendant was living in a family home which was later left in a will to him and his siblings.

His sister, Mary O’Sullivan, said through a victim impact statement that was read out in court: “We are continually scared he will take the opportunity to strike again. He has shown what he is capable of, with no remorse.” 

Judge McCourt was told that prior to this incident of criminal damage caused by the accused, he used to get his dinner in his sister’s house seven days a week and used to spend a lot of social time with her family.