Phone recovered by the Gardai

nowimtalking

My phone was stolen last November and reported to the Gardai. I then got a call in March to say that it was recovered and that I would need to make a statement about the incident. The gardai have said that they need to keep the phone for the duration of the prosecution of the individuals found in possession of it.
I've already had to buy a phone, which isn't working that well at the minute. I'm facing having to buy another now which means I'm spending a lot of money to temporarily replace a phone that will have depreciated in value by the time I get it back and thus worthless for trading in at the end of my contract. Also, it's infuriating that I am currently paying a contract on a phone that is stuck in a filing cabinet somewhere.
Has anyone had any success in reclaiming property from the Gardai? Or is it a case of tough luck?

endacl

Or is it a case of 'good luck'. Your phone was recovered. Most aren't.

Quit yo jibba jabba!

eireannBEAR

nowimtalking wrote: »

My phone was stolen last November and reported to the Gardai. I then got a call in March to say that it was recovered and that I would need to make a statement about the incident. The gardai have said that they need to keep the phone for the duration of the prosecution of the individuals found in possession of it.
I've already had to buy a phone, which isn't working that well at the minute. I'm facing having to buy another now which means I'm spending a lot of money to temporarily replace a phone that will have depreciated in value by the time I get it back and thus worthless for trading in at the end of my contract. Also, it's infuriating that I am currently paying a contract on a phone that is stuck in a filing cabinet somewhere.
Has anyone had any success in reclaiming property from the Gardai? Or is it a case of tough luck?

id imaging the gardai lost or misplaced this phone. this doesnt sound right after all if your car gets stolen and its found by the gardai,its returned.

Nolimits

endacl wrote: »

Or is it a case of 'good luck'. Your phone was recovered. Most aren't.

Quit yo jibba jabba!

Not really, it's not much use to him if he can't use it.

endacl

eireannBEAR wrote: »

id imaging the gardai lost or misplaced this phone. this doesnt sound right after all if your car gets stolen and its found by the gardai,its returned.

Your reasoning on this matter is matched only by your use of capitals...

Hunter Mahan

Ask the police to take a photo of you with the phone and give an undertaking to produce it at any court if required.

eireannBEAR

endacl wrote: »

Your reasoning on this matter is matched only by your use of capitals...

very smart....the guards would finger print and photo the handset,why do they need the actual device???

anybody i knew who have been burgled etc,have had their goods returned straight away.

....please try and use your brain before commenting.

nowimtalking

Hunter Mahan wrote: »

Ask the police to take a photo of you with the phone and give an undertaking to produce it at any court if required.

Have you done this? Is it an accepted practice with the Gardai?

Hunter Mahan

nowimtalking wrote: »

Have you done this? Is it an accepted practice with the Gardai?

Should be, unless there's physical evidence on it, messages, pictures, blood etc.

The best evidence is the physical evidence, but if it's just a case of handling stolen property then what I suggested should suffice. (Assuming you supply the police with a statement also)

nowimtalking

endacl wrote: »

Or is it a case of 'good luck'. Your phone was recovered. Most aren't.

Quit yo jibba jabba!

Yes, it's great that it has been recovered. However it's not ideal that I can't get the value out of it that I anticipated when buying it. I've complied with the Gardai but it's certain that it will have depreciated it's value by the time I get it back if it isn't until the end of the court case.

endacl

nowimtalking wrote: »

Yes, it's great that it has been recovered. However it's not ideal that I can't get the value out of it that I anticipated when buying it. I've complied with the Gardai but it's certain that it will have depreciated it's value by the time I get it back if it isn't until the end of the court case.

You can make an application for the return of your phone under the Police Property Act, 1897.

Its an application though, not a demand. If they decide they need it for evidentiary reasons, they can decline.

Fred Swanson

This post has been deleted.

your phone is evidence in a criminal case.
usually Gardai hold onto all evidence until all criminal cases are completly finished.

but in some smaller cases, the Guard could take a photo of you with your phone and you could make a further statement stating that it is you and your stolen mobile phone in the photo.

but you have to produce it in court, and no doubt the Guard has probably been assured by people in the past that they would bring the evidence to court only for it to not show up on the day.

so yea you can ask the guard to do this but they do not have to.

eireannBEAR

bubblypop wrote: »

your phone is evidence in a criminal case.
usually Gardai hold onto all evidence until all criminal cases are completly finished.

but in some smaller cases, the Guard could take a photo of you with your phone and you could make a further statement stating that it is you and your stolen mobile phone in the photo.

but you have to produce it in court, and no doubt the Guard has probably been assured by people in the past that they would bring the evidence to court only for it to not show up on the day.

so yea you can ask the guard to do this but they do not have to.

finally a poster talking sense.

nowimtalking

bubblypop wrote: »

your phone is evidence in a criminal case.
usually Gardai hold onto all evidence until all criminal cases are completly finished.

but in some smaller cases, the Guard could take a photo of you with your phone and you could make a further statement stating that it is you and your stolen mobile phone in the photo.

but you have to produce it in court, and no doubt the Guard has probably been assured by people in the past that they would bring the evidence to court only for it to not show up on the day.

so yea you can ask the guard to do this but they do not have to.

I'm awaiting a call back from the Garda dealing with the matter. Hopefully he'll work something out, I'd have no problem in attending the court when it comes up. Thanks for your post.

hullaballoo

The Gardaí need to preserve the chain of evidence in order to secure a prosecution. That's why they have evidence lockers etc. If they break the chain of evidence, e.g., by not knowing where the piece of evidence is before the trial, then their chances of a successful conviction flounder.

I'm surprised this is an issue. Surely it's more important to you to have the person who stole the phone prosecuted and punished rather than getting the phone back? It would be to me, anyway.

Pro Hoc Vice

nowimtalking wrote: »

My phone was stolen last November and reported to the Gardai. I then got a call in March to say that it was recovered and that I would need to make a statement about the incident. The gardai have said that they need to keep the phone for the duration of the prosecution of the individuals found in possession of it.
I've already had to buy a phone, which isn't working that well at the minute. I'm facing having to buy another now which means I'm spending a lot of money to temporarily replace a phone that will have depreciated in value by the time I get it back and thus worthless for trading in at the end of my contract. Also, it's infuriating that I am currently paying a contract on a phone that is stuck in a filing cabinet somewhere.
Has anyone had any success in reclaiming property from the Gardai? Or is it a case of tough luck?

If phone you bought in November is not working well, why not return it for repair or replacement as you only bought it 9 months ago.

nowimtalking

hullaballoo wrote: »

I'm surprised this is an issue. Surely it's more important to you to have the person who stole the phone prosecuted and punished rather than getting the phone back? It would be to me, anyway.

That's assuming that the people found in possession of it are the people who stole it. It's a charge for the possession of stolen property, they are most likely innocent people who stupidly bought a stolen phone. So, I'm not overly concerned about their prosecution, I'm more concerned for my stolen property, call me materialistic.

I have been and will be more than co-operative with the Gardai in relation to the case but it is a shame that my phone will have lost most or all of it's worth by the time I get it back.

nowimtalking

infosys wrote: »

If phone you bought in November is not working well, why not return it for repair or replacement as you only bought it 9 months ago.

I'm not entirely sure if it's guaranteed, it's a fairly low end phone compared to most. It's deterioration is probably a result of wear & tear more than anything. I must research if there's a guarantee though before it reaches November.

BornToKill

Telco have a phone for €14.99. Might keep you going until your stolen phone is returned.

Pro Hoc Vice

nowimtalking wrote: »

That's assuming that the people found in possession of it are the people who stole it. It's a charge for the possession of stolen property, they are most likely innocent people who stupidly bought a stolen phone. So, I'm not overly concerned about their prosecution, I'm more concerned for my stolen property, call me materialistic.

I have been and will be more than co-operative with the Gardai in relation to the case but it is a shame that my phone will have lost most or all of it's worth by the time I get it back.

The phone must be produced in court for any prosecution, and you will also have to give evidence.

Pro Hoc Vice

nowimtalking wrote: »

I'm not entirely sure if it's guaranteed, it's a fairly low end phone compared to most. It's deterioration is probably a result of wear & tear more than anything. I must research if there's a guarantee though before it reaches November.

It is guaranteed if you bought it new and from a reputable shop, bring it back and have them change or repair it problem solved.