Caught with knife while shoplifting in Mullingar

An asylum seeker charged with carrying out three shoplifting offences and knife possession has escaped a prison sentence after it emerged he has not committed any further offences over the intervening 11 months.

Algerian national, Mohamed Khaber, of Harry’s Hotel in Kinnegad, Westmeath appeared at last Thursday’s sitting of Mullingar District Court having previously pleaded guilty to all four incidents in October and November of last year.

The 31-year-old, who followed court proceedings through an interpreter, was initially charged with two thefts that took place on October 23, both in Mullingar.

The court had previously heard how Mr Khaber first went into Claire’s Accessories, Harbour Place Shopping Centre just after 10.30am. He asked a shop attendant for his ears to be pierced. The court was told when studs were added to his ears, Mr Khaber told a member of staff he had left his wallet in his car and would return but failed to do so. The value of the piercing was €30 in total.

That same day, Mr Khaber walked into the Boots pharmacy in the same shopping centre, where he took cosmetics worth €80 without paying for any of them.

The latter two incidents took place on November 4 when the accused entered Dunnes Stores, Harbour Place Shopping Centre in Mullingar just after 2pm. On that occasion, a security guard spotted Mr Khaber leaving the store with a plastic bag.

The court heard that as a security member approached Mr Khaber, he started to run. There was a short chase and gardaí were called.

When he was stopped later that afternoon by gardaí, Mr Khaber admitted to stealing almost €40 of food from the supermarket.

After his arrest and during a search of his clothes at Mullingar Garda Station, garda retrieved what was described as a “small knife”, which led to a section 9 (1) charge under the Firearms and Offensive Weapons Act 1990 against him.

Mr Khaber, who remained silent for much of last week’s sentencing hearing, the court heard, had three previous convictions recorded, from a sitting of Blanchardstown District Court in February last year, two of which were also for theft.

A further charge of possession of knives was “taken into consideration” on the same date.

Compensation of €120 had previously been handed in by Mr Khaber for both the Claire’s Accessories and Boots thefts from last October. That sum, together with a series of reports were also lodged with the court, one of which included documentation from Mr Khaber’s GP along with evidence showing how the accused was under “ongoing” psychiatric supervision.

Defence solicitor Robert Marren added that Mr Khaber had previously resided in the Citywest Hotel before moving to Kinnegad, where he had been living for the last 12 months. He said his client had been resident in the country for a total of 18 months and was continuing to toil under considerable emotional and financial pressures. “He’s an asylum seeker and receives €38 a week,” said Mr Marren. “He suffers from mental health issues and has very little resources.”

The court was told the case had been adjourned in order to determine Mr Khaber’s bona fides in avoiding any further adverse garda attention.

Sgt Sheila Kenny confirmed the accused had stayed true to his word, and informed Judge Valerie Corcoran of the court’s earlier intimation that it would take a “certain course” as a consequence.

Judge Corcoran fined Mr Khaber €150 for the Dunnes Stores theft, giving him nine months to pay, and six months to pay the €150 fine for the Boots shoplifting incident. Both the Claire’s Accessories incident and the knife possession charges were “taken into consideration”.

Mr Khaber is expected to reappear before the same court in December having pleaded guilty to a separate theft that preceded all four charges which were disposed of last Thursday. The particulars of that charge detailed how Mr Khaber stole a handbag which contained €400 in cash from Kinnegad Plaza, Athlone Road, Kinnegad, Westmeath on July 28 last year.

Judge Corcoran remanded him on bail to Mullingar District Court on December 4 for state evidence, compensation and a victim impact statement. She said should Mr Khaber not come to any “adverse attention” in the meantime, the court would consider a monetary sanction.

Mr Khaber was remanded on bail to a sitting of Mullingar District Court on June 19.