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Man used hired digger to steal part of railway tracks

  • 03-07-2014 08:38AM
    #1
    metrovick001
    Registered Users, Registered Users 2 Posts: 425 ✭✭


    From the irish independant - link

    A man hired a digger, lowloader and a tractor before stripping the disused Claremorris to Collooney railway line in the west of Ireland of 117 metres of iron track, a court heard. Christopher Burke (49), with an address at Sarsfield Crescent, Charlestown, Co Mayo, had earlier pleaded guilty to the theft of 18 steel railway lines, valued at €8,957 at Carrowreagh, Kiltimagh, in September 2012.

    He also pleaded guilty to causing €30,000 of damage to the rail line and a fence.

    Sergeant Tom McIntyre told Judge Rory MacCabe at the Circuit Criminal Court in Castlebar that gardai were alerted by a member of the public about activity on the railway. In total 117 metres of track had been removed, the witness said.

    Christopher Burke, who was on the scene when Sergeant McIntyre arrived to investigate, admitted his involvement.

    A second man on the scene proclaimed his innocence of any criminal activity. He was subsequently charged with theft and criminal damage but was acquitted on both charges by a jury last week.

    Judge MacCabe imposed a three-year prison sentence – suspended provided that Burke pay €5,000 compensation to the rail company within six months.


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Comments

  • #2
    corktina
    Closed Accounts Posts: 17,733 ✭✭✭✭corktina


    €30,000 damage to the Burma Rd? lol just lol


  • #3
    tipptom
    Registered Users, Registered Users 2 Posts: 4,219 ✭✭✭tipptom


    He caused 30 grands worth of damage,stole 8 grands worth of track and gets away with a suspended sentence and only has to pay 5 grand with 6 months to pay it.


    Who pays for the 30 grands worth of damage considering this is a public company losing money hand over fist?.
    Kinda answering my own question really huh.


  • #4
    whisky_galore
    Registered Users, Registered Users 2 Posts: 17,029 ✭✭✭✭whisky_galore


    Fair play to the member of the public who reported it, a lot of people wouldn't look twice at someone 'helping themselves'.

    Of course if the powers that be woke up to metal theft and regulating the scrap dealers, we wouldn't have this problem.


  • #5
    whisky_galore
    Registered Users, Registered Users 2 Posts: 17,029 ✭✭✭✭whisky_galore


    Have to lol at the link, track stolen from Burma Rd...pic is of Victoria Station London....which is relevant to article because....?


  • #6
    Losty Dublin
    Registered Users, Registered Users 2 Posts: 13,270 ✭✭✭✭Losty Dublin


    tipptom wrote: »
    He caused 30 grands worth of damage,stole 8 grands worth of track and gets away with a suspended sentence and only has to pay 5 grand with 6 months to pay it.


    Who pays for the 30 grands worth of damage considering this is a public company losing money hand over fist?.
    Kinda answering my own question really huh.

    A more apt condition in sentencing would have been requesting this guilty gentleman to pay the costs incurred in replacing the stolen track panels.


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  • #7
    whisky_galore
    Registered Users, Registered Users 2 Posts: 17,029 ✭✭✭✭whisky_galore


    Losty Dublin wrote: »
    A more apt condition in sentencing would have been requesting this guilty gentleman to pay the costs incurred in replacing the stolen track panels.

    Like that's ever going to happen, ah shure God love him, probably has kiddywinks and all. *cue sad violin music*


  • #8
    corktina
    Closed Accounts Posts: 17,733 ✭✭✭✭corktina


    Losty Dublin wrote: »
    A more apt condition in sentencing would have been requesting this guilty gentleman to pay the costs incurred in replacing the stolen track panels.

    what for? never going to be needed


  • #9
    Losty Dublin
    Registered Users, Registered Users 2 Posts: 13,270 ✭✭✭✭Losty Dublin


    corktina wrote: »
    what for? never going to be needed

    Wether the line is used or not isn't relevant here; costs here need to be higher to teach him a lesson that stealing and damaging property won't be tolerated by the State. Courts orders for costs of €5,000 towards damages that costs €30,000 to make good is a pittance.


  • #10
    metrovick001
    Registered Users, Registered Users 2 Posts: 425 ✭✭metrovick001


    According to who?
    corktina wrote: »
    what for? never going to be needed


  • #11
    corktina
    Closed Accounts Posts: 17,733 ✭✭✭✭corktina


    me


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  • #12
    Copyerselveson
    Closed Accounts Posts: 299 ✭✭Copyerselveson


    The real weakness here is the sentencing policy or lack of it by the courts. Seems to me that judges are often swayed by sad sack performances by the accused in the dock and are then inclined to give over-lenient sentences and a requirement for the accused to stick a few bob in the poor box.

    As Losty says, the damage isn't just the lifting of the rails it's the whole track panels that will need replacing, regardless of whether the line is in use or not. €5,000 would not cover the real cost of this particular theft.


  • #13
    metrovick001
    Registered Users, Registered Users 2 Posts: 425 ✭✭metrovick001


    Ahh thats ok so, nothing to worry about.
    corktina wrote: »
    me


  • #14
    corktina
    Closed Accounts Posts: 17,733 ✭✭✭✭corktina


    you worry that the Burma Road may not re-open one day?


  • #15
    Judgement Day
    Closed Accounts Posts: 13,549 ✭✭✭✭Judgement Day


    Anybody seen westtip? :D


  • #16
    corktina
    Closed Accounts Posts: 17,733 ✭✭✭✭corktina


    unavoidably detained.


  • #17
    dowlingm
    Registered Users, Registered Users 2 Posts: 5,349 ✭✭✭dowlingm


    What this highlights is that how much money CIE is leaving rusting in the ground (allowing for scrap vs replacement value). Lift the whole goddamned thing, at least north of Claremorris, and use the cash to close a couple of dangerous LCs or something.


  • #18
    dowlingm
    Registered Users, Registered Users 2 Posts: 5,349 ✭✭✭dowlingm


    Copyerselveson wrote: »
    the damage isn't just the lifting of the rails it's the whole track panels that will need replacing, regardless of whether the line is in use or not. €5,000 would not cover the real cost of this particular theft.
    perhaps his Honour thought IE wouldn't be in any rush reinstating the panels, instead letting the 5 grand rest in their account?


  • #19
    corktina
    Closed Accounts Posts: 17,733 ✭✭✭✭corktina


    dowlingm wrote: »
    What this highlights is that how much money CIE is leaving rusting in the ground (allowing for scrap vs replacement value). Lift the whole goddamned thing, at least north of Claremorris, and use the cash to close a couple of dangerous LCs or something.

    probably al the scrap value would be eaten away by the cost of lifting


  • #20
    dowlingm
    Registered Users, Registered Users 2 Posts: 5,349 ✭✭✭dowlingm


    corktina wrote: »
    probably al the scrap value would be eaten away by the cost of lifting
    that fella seemed to think he could make the numbers work :D


  • #21
    Banjoxed
    Closed Accounts Posts: 1,844 ✭✭✭Banjoxed


    dowlingm wrote: »
    that fella seemed to think he could make the numbers work :D

    Interesting that you find the theft amusing.


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  • #22
    whisky_galore
    Registered Users, Registered Users 2 Posts: 17,029 ✭✭✭✭whisky_galore


    dowlingm wrote: »
    What this highlights is that how much money CIE is leaving rusting in the ground (allowing for scrap vs replacement value). Lift the whole goddamned thing, at least north of Claremorris, and use the cash to close a couple of dangerous LCs or something.

    T'aint gonna happen.
    Too much political dynamite there, the phones will be hopping from rail supporters thinking they're being sidelined (pardon the pun)


  • #23
    dowlingm
    Registered Users, Registered Users 2 Posts: 5,349 ✭✭✭dowlingm


    Banjoxed wrote: »
    Interesting that you find the theft amusing.
    There is nothing in the original article that is "amusing" per se. I was merely replying to the notion that there was unlikely to be a net positive return from lifting the tracks. Clearly a proper disposal starting with a tender and including safe disposal of the sleepe... LOOK YOU'VE TAKEN THE GOOD OUT OF IT ARE YOU HAPPY NOW, YA KILLJOY YA?


  • #24
    end of the road
    Registered Users, Registered Users 2 Posts: 29,495 ✭✭✭✭end of the road


    corktina wrote: »
    what for? never going to be needed
    no he'd just be paying the cost of the work as punishment for being a little thief, should have thrown away the key

    I'm very highly educated. I know words, i have the best words, nobody has better words then me.



  • #25
    end of the road
    Registered Users, Registered Users 2 Posts: 29,495 ✭✭✭✭end of the road


    corktina wrote: »
    probably al the scrap value would be eaten away by the cost of lifting
    didn't seem to matter back in the 60s when they ripped up lines left right and centre, probably cost them more then they got

    I'm very highly educated. I know words, i have the best words, nobody has better words then me.



  • #26
    whisky_galore
    Registered Users, Registered Users 2 Posts: 17,029 ✭✭✭✭whisky_galore


    end of the road wrote: »
    didn't seem to matter back in the 60s when they ripped up lines left right and centre, probably cost them more then they got

    Different times, throwing any babies out with the bathwater didn't seem to matter. That was the remit that Andrews got, modernise and turn the company around no matter by what means...motor transport was king, railways were 19th cent old hat...worse still they were built by the 'auld enemy', had to rip them up before the few concerned locals that could be bothered could organise themselves to mount a challenge.


  • #27
    Banjoxed
    Closed Accounts Posts: 1,844 ✭✭✭Banjoxed


    dowlingm wrote: »
    There is nothing in the original article that is "amusing" per se. I was merely replying to the notion that there was unlikely to be a net positive return from lifting the tracks. Clearly a proper disposal starting with a tender and including safe disposal of the sleepe... LOOK YOU'VE TAKEN THE GOOD OUT OF IT ARE YOU HAPPY NOW, YA KILLJOY YA?

    Well don't let me wreck your buzz.


  • #28
    dowlingm
    Registered Users, Registered Users 2 Posts: 5,349 ✭✭✭dowlingm


    Funny that these tracks must be left in situ but North Esk just got lifted :rolleyes:


  • #29
    dowlingm
    Registered Users, Registered Users 2 Posts: 5,349 ✭✭✭dowlingm


    Losty Dublin wrote: »
    A more apt condition in sentencing would have been requesting this guilty gentleman to pay the costs incurred in replacing the stolen track panels.
    except the likelihood is he can't pay that, will end up in prison at which time IE gets nowt and the State pays a fortune to warehouse him.


  • #30
    SeanW
    Registered Users, Registered Users 2 Posts: 9,340 ✭✭✭SeanW


    dowlingm wrote: »
    except the likelihood is he can't pay that, will end up in prison at which time IE gets nowt and the State pays a fortune to warehouse him.
    Yes, that's what happens - you commit crime, you go to jail.

    https://u24.gov.ua/
    Join NAFO today:

    Help us in helping Ukraine.



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  • #31
    dowlingm
    Registered Users, Registered Users 2 Posts: 5,349 ✭✭✭dowlingm


    SeanW wrote: »
    Yes, that's what happens - you commit crime, you go to jail.
    I would prefer a system where you commit crime and you get punishment which doesn't cause more problems than it solves. In this example, if this person was imprisoned then the taxpayer is punished on the double, since a State company has had nominal assets damaged without compensation and the State itself must pay for imprisonment.

    Better to remove the market for such theft by making it clearer to scrap merchants that failure to verify the bona files of railway debris they receive will be an expensive error. But we shouldn't also pretend that in order for IE to run trains again that that panel wouldn't probably have been ripped and replaced, making its current value only that of a scrap scenario anyway, leaving the issue more about deterrence than restitution. To my mind, this was reflected by the beak imposing a prison sentence based on nominal value of replaced panels to stop people hacking at active or temporarily dormant lines, but a fine which reflected the actual loss to the railway at this point in time.


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