Jail for using woman’s bank card without permission
A MAN, who stole a bank card from a woman living in his apartment and then used it to steal what she claimed was €2,500 from her bank account, was given two concurrent 12-month prison sentences when he was convicted at Monaghan District Court recently.
Kestutis Linkevicius (65) of Russell Court, Monaghan Town, denied that he handled a stolen bank card, and that he used the item to commit theft, both at Monaghan Shopping Centre on March 15, 2022.
The court was told the card belonged to a lady who had stayed with Linkevicius for a time at this apartment at Russell Court prior to the alleged incidents.
Inspector Declan McGarvey, prosecuting, said the card was actually used on a number of further occasions, up until March 24, 2022, and he had it confirmed by the injured party that the total amount taken from her account had been €2,500.
During a lengthy contested hearing in which the defendant was represented by Dimitry Grinberg BL (instructed by Damien Rudden, solicitor), Judge Ciaran Liddy was told by the victim that she did not give Mr Linkevicius any permission to take or to use her card.
The defendant had claimed he did have permission to take money to pay for rent and electricity bills at his Monaghan apartment.
In reaching his verdict, Judge Liddy gave a brief summing up of the evidence heard. He recalled that both the defendant and complainant had returned from a trip they took to Barcelona shortly before the alleged offence, and that there was an argument between them over the use of her card.
The judge noted that Mr Linkevicius said he told her he would not be giving the money back as he was using it for rent.
He had also intimated that he effectively had permission to use the card, and that she gave it to him along with the pin as she was preparing to go to work.
But the injured party was emphatic that she gave the defendant no permission to use her card. She had left it in her bag, and had stated that her pin number was in a note book in her bag.
Stating that he believed the version of events offered by the victim to be entirely correct, Judge Liddy said he was satisfied that Linkevicius took the card and then used what was a stolen item to extract cash.
Inspector McGarvey said the defendant had 10 previous convictions, including counts of theft, robbery, assault causing harm, and of sending grossly offensive lewd text messages. He had received a number of prison sentences including two concurrent 16-month terms in 2019 for possessing stolen property.
Judge Liddy duly imposed 12 months’ imprisonment, concurrently, on each of the charges before the court. Recognisances for an appeal, which were taken up, were set at €200 in the defendant’s own bond.