Man who buried stolen bulldozer under silage bales objects to gardaí returning it to its owner - Independent.ie

2022-08-08 07:41:54 By : Ms. Lucy hou

Monday, 8 August 2022 | 12.8°C Dublin

Edward McAndrew of Curradrish, Foxford, appearing at Castlebar Circuit Criminal Court. Photo Conor McKeown

A businessman who buried a stolen 22-tonne bulldozer under silage bales in a remote Co Mayo farm has objected to the gardaí returning it to its rightful owner.

E dward McAndrew (46) of Curradrish, Foxford, Co Mayo, was found guilty by a jury of handling the stolen Komatsu bulldozer following a trial at Castlebar Circuit Criminal Court.

Mr McAndrew was due to be sentenced today by Judge Brian O’Callaghan, but his defence barrister Diarmaid Connolly SC requested a deferral until October as Mr McAndrew “wishes to avail of the services of Hope House”- an addiction treatment centre.

The court also heard McAndrew’s solicitor could not attend today’s hearing, which was a disadvantage to him as he had represented McAndrew throughout the long-running criminal proceedings.

McAndrew, pictured here for the first time, was found guilty of handling the stolen bulldozer between August 22, 2014, and May 12, 2016.

The bulldozer was reported stolen from a field in Claregalway on August 22, 2014. It was subsequently found on May 12, 2016, by gardaí during a search of lands owned by McAndrew’s mother in Foxford.

During the search, a garda stood on silage bales and noticed a yellow colour breaking through the ground. The silage bales and earth were removed, revealing the stolen bulldozer.

McAndrew denied the machine was stolen, claiming it belonged to him and that he bought it in the UK.

He told gardaí the 22-tonne machine was subsequently stolen from him, and he later discovered it was in Claregalway. So he arranged for it to be taken back to his mother’s land in Foxford.

During the trial, the investigating garda told the court that when the bulldozer was discovered, McAndrew called him from the UK and threatened to sue him if he moved the machine. He said he would provide documents to support his claim of ownership, but this never happened.

On March 23, 2017, McAndrew was arrested and under questioning, said he buried the machine because it was the only place it was safe.

Patrick Reynolds SC, for the DPP, said the stolen bulldozer matter was of “some antiquity”, which involved two trials and at this point, investigating gardaí were anxious the matter be dealt with.

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“Only recently, the defence has objected to the vehicle going back to the owner,” he said.

Mr Reynolds said that McAndrew, through his counsel, had written to gardaí and said that he still had certain rights over the bulldozer, and his sentence had not been finalised.

Defence counsel Diarmaid Connolly BL told Judge O’Callaghan that McAndrew was entitled to refuse the return of the bulldozer as he still has constitutional rights post-conviction pending an appeal.

Judge O’Callaghan said he had concerns about a recent probation report before the court which stated McAndrew “did not present in an open and forthcoming manner” and refused to defer sentencing to October.

He remanded McAndrew on continuing bail until his sentencing on July 26. Judge O’Callaghan said there was no need for an updated probation report.

McAndrew was the victim of a brutal assault in 2017, which saw him set upon by men claiming membership of the Continuity IRA, who beat him with iron bars, demanded money and robbed him at a remote location in Co Louth.

William Twomey (58), with an address at Havelock Place, Warrenpoint, Co Down, was found guilty at the Special Criminal Court of robbery, assault, and demanding money with menaces from McAndrew in Co Louth in December 2017.

During the non-jury trial, McAndrew gave evidence of begging his attackers to shoot him, such was the ferocity of the beating he received.

McAndrew had been lured to a meeting with his attackers in the belief he would be buying machinery purportedly worth €85,000.

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