Attempted Theft

kdarcy9

Hi

Just looking for advice...I was at soccer training last night and my phone went missing from my bag, originally thought I had dropped it....Used find my iPhone to play a sound on the phone to find it located in another "team mates" bag. The "team mate" denied any knowledge of how it got there and I was wondering if his excuse of plain ignorance would be a sufficient defense to the Gardai?

Thanks

coylemj

It really depends on the circumstances, is there any reason why there could be a 'reasonable doubt' as to how he came into possession of the phone?

Could someone else have put it there to cause trouble? It will be very difficult to prove that he stole it from your bag without an eye witness.

Probably best to do nothing.

Zambia

kdarcy9 wrote: »

Hi

Just looking for advice...I was at soccer training last night and my phone went missing from my bag, originally thought I had dropped it....Used find my iPhone to play a sound on the phone to find it located in another "team mates" bag. The "team mate" denied any knowledge of how it got there and I was wondering if his excuse of plain ignorance would be a sufficient defense to the Gardai?

Thanks

You should ask the more general question.

In a case like this with no other evidence what are the chances of a guilty verdict?

kdarcy9

Thanks for your feedback. Still trying to determine if anyone else saw something which I suppose would be key in whether I take this any further.

Although he may not have taken it, my opinion is he has a very good idea who did and would contacting the Gardai but the squeeze on him to admit this.

Pat Mustard

kdarcy9 wrote: »

Hi

Just looking for advice...I was at soccer training last night and my phone went missing from my bag, originally thought I had dropped it....Used find my iPhone to play a sound on the phone to find it located in another "team mates" bag. The "team mate" denied any knowledge of how it got there and I was wondering if his excuse of plain ignorance would be a sufficient defense to the Gardai?

Thanks

If he is going to be like that, you could let the police deal with him.

Maybe he will be more circumspect next time, if he has to attempt to explain matters to a judge this time.

His defence could be that he simply didn't commit the crime. The question is whether a judge would believe him.

gugleguy

The burden of proof is still on you, OP. For that reason, I would'nt go further.

deadybai

Jaysus id join another team if I was you

bob50

Why oh why would you want to involve the Garda ??

If hes a team mate of yours just ask him how did the fone end up in his bag

Also the police wouldnt be interested in investigating this Better things to be doing

messrs

I think the fact that you got your phone back is a reason why the guards wouldn't get involved. How well do you know this team mate? Do you think this is like something he would do, or do you think another team mate put in his bag as an attempt of a joke?

gugleguy

What sort of "audience" was the "attempt of a joke" intended for. The rest of the team?

Echoing another poster I'd really consider become a "free agent" rather than staying on this team.

kdarcy9

bob50 wrote: »

Why oh why would you want to involve the Garda ??

If hes a team mate of yours just ask him how did the fone end up in his bag

Also the police wouldnt be interested in investigating this Better things to be doing

To sum up he is a second team player invited to train with the first team, so this is my first interaction with him. I asked him how it got there, he denied any knowledge, he was then asked by the manager and will be brought up in front of the club committee.

I've looked him up on FB as I didn't know much about it him and from what I've seen, it wouldn't be unfitting to the character portrayed on FB that he would have committed this type of act...

kdarcy9

gugleguy wrote: »

What sort of "audience" was the "attempt of a joke" intended for. The rest of the team?

Echoing another poster I'd really consider become a "free agent" rather than staying on this team.

It definitely was not for an audience.....the rest of team bar a couple of lads who I get a lift with had made there way home. He had begun training with the second team when the iPhone was located so there was definitely no "joke" element to it. It was an attempted theft, by whom, is my main question...

Little CuChulainn

Theft would be a difficult charge but posession of stolen property would be easier. Report it to the Gardaí if you wish to pursue that line though.

conorh91

Little CuChulainn wrote: »

Theft would be a difficult charge but posession of stolen property would be easier. Report it to the Gardaí if you wish to pursue that line though.

Possession and Handling are easy when some joker is caught shuffling down Main Street with a wheelbarrow of laptops, or sporting a rolex he "bought" down the dole queue for fifty quid.

But it is also easy for a bewildered-looking five-a-sider to offer to a District Judge some plausible explanation of team-mate bullying/ enmity, or a joke that may have gone too far.

Of course, it's worth approaching AGS just to give a little scare, even if that's all it is.

Zambia

Mate it was most likely him.

However that said your and polices hopes of convicting him are slight. Unless he pleads up.

The best result is getting your phone back. By now no doubt you have told others what happened.

If you really want him charged press ahead with the gardai but once it's all said and done don't be shocked if you reflect on it and think "well that was not worth it"

coylemj

kdarcy9 wrote: »

To sum up he is a second team player invited to train with the first team, so this is my first interaction with him. I asked him how it got there, he denied any knowledge, he was then asked by the manager and will be brought up in front of the club committee.

I've looked him up on FB as I didn't know much about it him and from what I've seen, it wouldn't be unfitting to the character portrayed on FB that he would have committed this type of act...

I think you seem to know who you're dealing with so I'd let the club sort it out. No good will come of getting the Gardai involved by which I mean that it will be almost impossible to get him convicted of theft given that there's no eye witness.

Betty Bloggs

How long was he alone in the presence of your bag before you came back to get your things or get changed? Would he not have had the sense to at least put it on silent or turn it off if he was robbing it, especially considering you were going to be arriving right in the same room as him and standing in close vicinity to him.
If this was in a changing room with people pulling things out of their bag and other people stuffing their belongings into their bags, is there any chance this was just an accident. Like when you pulled some of your clothing out of your bag and didn't notice your phone sliding out with the stuff, he was packing his bag, grabbed some clothing or whatever. stuffed it into his bag and your phone happened to be in the pile?

I'm not saying you are wrong, in fact given what you have told us about him being a person you don't know and maybe having a dodgy facebook page, you may well be correct that he tried to rob it.
I'm just looking at explanations that might be used in his defense if you tried t press charges.

From what you've said this issue has been raised with the manager and will be brought up with the club committee. I would see what explanation he gives them, and would also ask the manager to give the team (even if it's just aimed at him) a stern talk about respecting each others belongings, and how theft of any type will not be tolerated or the guards will be called in future.

I think I would leave it at that then.

kdarcy9

Betty Bloggs wrote: »

How long was he alone in the presence of your bag before you came back to get your things or get changed? Would he not have had the sense to at least put it on silent or turn it off if he was robbing it, especially considering you were going to be arriving right in the same room as him and standing in close vicinity to him.
If this was in a changing room with people pulling things out of their bag and other people stuffing their belongings into their bags, is there any chance this was just an accident. Like when you pulled some of your clothing out of your bag and didn't notice your phone sliding out with the stuff, he was packing his bag, grabbed some clothing or whatever. stuffed it into his bag and your phone happened to be in the pile?

I'm not saying you are wrong, in fact given what you have told us about him being a person you don't know and maybe having a dodgy facebook page, you may well be correct that he tried to rob it.
I'm just looking at explanations that might be used in his defense if you tried t press charges.

From what you've said this issue has been raised with the manager and will be brought up with the club committee. I would see what explanation he gives them, and would also ask the manager to give the team (even if it's just aimed at him) a stern talk about respecting each others belongings, and how theft of any type will not be tolerated or the guards will be called in future.

I think I would leave it at that then.

It was at training, which means we wouldn't use the changing rooms, so the bags are put in the same vicinity but since I arrive prepared I didn't open that section of my bag once I arrived, therefore there's no chance it could have been mixed up with another persons belongings.

It seems what he told me and my manager when confronted on the night is differing to what he told the committee ie had no knowledge of how the phone got into his bag on the night v thought it was his phone and picked it up (has a very different phone to an iPhone and my iPhone had a black screen and white back so it is quite distinctive) so neither of these are 'excuses' really flying with me

kdarcy9

Thatcher Limited Manger wrote: »

How many people are on the team, how many people had access to the changing rooms, how many people have the same phone?
You would be laughed out of the garda station. Especially you still have your phone.

So you only go to the Gardai when I've actually lost my property and have no idea who took it and there's very little chance of a positive conclusion?