Man who ‘sang’ over boat engine thefts given three years’ jail

A MAN found with two outboard engines, which it later transpired were stolen from Waterways Ireland vessels, has been sentenced to three years in prison.

Mindaugas Kazakas (36) with an address at Lakeview, Cavan, was also disqualified from driving for eight years after he was found to be driving without insurance on the day gardaí stopped his vehicle and found the two engines in the boot.

Giving evidence in the case against Kazakas, a garda from Ballyconnell Garda Station told the recent sittings of Cavan Circuit Court that gardaí were notified of the theft of an outboard engine from Kiltnaskellan, Doogarry, between August 1 and 2, 2023.

“We went to the scene at 9:30am and observed a pontoon boat used by Waterways Ireland,” the garda explained. “Two members of Waterways Ireland staff found the boat untied, floating with its engine missing,” he said.

The court was told the engine stolen was a high-quality works 90-horsepower Yamaha, valued at around €12,700.

On August 3, gardaí stopped a car at Newtowngore. The defendant and another man were travelling in the vehicle and officers could see two large objects wrapped in plastic in the back of the Skoda saloon.

“When I peeled back the plastic, I could see a boat engine in Waterways Ireland blue,” the garda told the circuit court and described how the engine was “extremely well wrapped like work done by a baler. It was extremely tightly wrapped,” he said.

Prosecuting barrister, Frank Martin BL, suggested the engine was well-wrapped for transportation and the member agreed it was likely.

The defendant was subsequently arrested.

The guard showed photos of the two engines and went on to say that the second engine found in the same vehicle was also a 90-HP engine belonging to Waterways Ireland that had been stolen from a dry dock in Rooskey Marina, Co Leitrim, between July 30 and 31, 2023.

“It was not as new so is not as valuable at €6,500,” the garda said.

The state barrister said, when interviewed by gardaí, Kazakas made no admissions until his second interview when “he began to sing”, Mr Martin said.

The court heard when asked ‘why have you engines in your car,” Kazakas answered: ‘because we stole them’ and when asked where he they were stolen from the defendant said: ‘from Rooskey Village and Ballyconnell’ and that they hoped to get €5,000 for them.

Defence barrister Joe Smith said Kazakas has been resident in Ireland since 2010, and works full-time as a welder.

The junior barrister pointed to the fact his client has not come to garda attention since his arrest and, while he wasn’t co-operative in his first garda interview, he was in his second and pleaded guilty at the earliest opportunity.

“He acknowledges the dishonesty,” defence barrister Joe Smith said. “Both engines have been received intact. His probation report states that my client has demonstrated remorse and understands the consequences of his theft to the injured party.”

“He no longer associates with the co-accused,” Mr Smith said.

He also suggested that €2,000 surety lodged by his client to the court could be used as compensation for the injured party.

“There has to be a significant deterrent element to any punishment for such offences,” Judge Aylmer said. “Boat owners not only lose their property but face rising insurance costs to owners and clubs.”

“I note from evidence you were found with the engines in your car very professionally wrapped as if for onward transport. You were looking for illegal financial gain even though you have enjoyed many years of employment in this country,” the judge continued before placing the theft offence on the mid-range of the scale, which calls for four years in prison before mitigation.

Meanwhile, the prosecution told Judge Aylmer that Kazakas had also pleaded guilty to not having insurance cover for the car in which he was transporting the engines because “he was disqualified at the time".

On the charge of driving without insurance, the judge noted Kazakas was previously convicted of the same offence five times, the last time receiving a five-month suspended prison sentence in 2017.

“So, I place the no insurance offence on the higher end of the scale meriting six months in prison,” Judge Aylmer told Kazakas.

The judge noted the €2,000 surety offered as compensation “as a token of remorse”, Kazakas’ good work history and the fact the Probation report stated he understood the consequences of his actions.

Considering all mitigating factors, Judge Aylmer reduced Kazakas’ prison sentence for theft from four years to three and for driving without insurance from six months to five with both sentences to run concurrently.

The judge also disqualified Kazakas from driving for eight years “bearing in mind you’ll be in prison for three of them", he said.

Mindaugas Kazakas was then led away to the prison van to begin his sentence.