Prison time for petty wine thefts

A MAN, left with life-altering brain injuries in an assault 11 years ago, and who has been consistently entering off-licence outlets in the Monaghan area to steal alcohol, was given prison sentences coming to eight months when his most recent spate of offending was dealt with at Monaghan District Court.

Donatas Marcinkus (39), with an address at Church Square, Monaghan Town, was before the court on 20 charges, 15 of which were for thefts of bottles of wine from retail stores in Monaghan, with the remaining five being for public drunkenness.

The shops targeted by the defendant, on each occasion leaving with one bottle of wine worth around €12, included McConnon’s Londis of Old Cross Square (five thefts), Fleming’s SuperValu, Church Square (four), Applegreen, Clones Road (three visits) and Tesco, Monaghan Shopping Centre, Dunnes Stores, Dawson Street and McCleary’s of New Terrace (one each).

The three-month spree of single bottle thefts took place on dates between June 3 and September 9 of this year, with Marcinkus appearing to have mistakenly lifted an alcohol-free wine bottle on one occasion.

At the court on July 1 last, Marcinkus was granted bail by a visiting judge, Judge Tom MacSharry, who had expressed concerns over the defendant’s inability to communicate with either his solicitor or the court itself.

Judge MacSharry had been told that the accused, who was before the court at that time on two alleged wine-theft incidents, had suffered an acquired brain injury arising from a serious assault on him in 2015.

Inspector Declan McGarvey said it was his understanding was that Mr Marcinkus required regular therapeutic and medical intervention, and that the State’s view was that a period of time in custody could afford him an opportunity to receive such help.

Upon ascertaining that the defendant was unable to represent himself in any meaningful way, and had no legal advocate because of the solicitors’ strike, Judge MacSharry granted bail, with conditions including a requirement on Marcinkus to stay out of shops in Monaghan Town, to remain alcohol and drug free, and to continue to reside at his normal residence.

But the accused came to Garda attention on a number of occasions after that, accumulating three new charges for alleged wine thefts as well as four counts of public intoxication. He had been in custody again since September 14 last.

‘COMPLETE FAILURE OF THE SYSTEM’

At the recent court sitting, Judge Raymond Finnegan said he believed Donatas was the victim of “a complete failure of the system”. He noted that all his convictions were to do with public intoxication or thefts of alcohol. There was no menace in him, but he was in a situation where he was in prison on remand and would be remaining in prison.

“And the prisons don’t have the facilities for him either,” Judge Finnegan commented.

Concurring, Sergeant Lisa McEntee said Mr Marcinkus probably needed supervision from the HSE, but that this was not accessible because of his ongoing alcohol issues.

Judge Finnegan said the problem with this defendant was the “nuisance factor” to retailers in Monaghan. While he agreed with Sgt McEntee that Mr Marcinkus usually improved a bit after being in prison for a while, where he was fed and looked after, they both agreed that he should, by rights, be in a different care setting. Notwithstanding that, the judge then imposed consecutive two-month prison sentences for thefts at Applegreen and McCleary’s on June 7, at Fleming’s on July 1, and at McConnon’s on August 3, coming to eight months in total, but backdated them to September 14 when Marcinkus was taken into custody.

All the remaining counts were taken into consideration on that basis.

“I think that’s all we can do,” Judge Finnegan commented resignedly.