Plant manager at Louth sea salt producers cleared of alleged theft of tools from workplace

Allegations of theft have a huge burden of proof; Judge McKiernan has remarked before dismissing charges against a 44-year-old man who was accused of stealing from his employer.

Stephen Jennings, Castletowncooley, Riverstown, Dundalk, denied stealing a 58-piece socket set, a Black & Dekker workbench, and a cordless angle grinder, at Oriel Sea Salt Co., Port Oriel, Clogherhead, on dates between 19 August 2019 and 23 February 2021.

The court heard that the defendant worked there as Plant Manager and is currently on long-term sick leave.

Managing Director Brian Fitzpatrick testified that Mr Jennings was with the company from almost the start, eight or nine years. He was a valued member of staff and ‘like a member of the family’.

Mr Fitzpatrick said he originally made a complaint to gardaí about missing liquid minerals stock up to €500,000 in value. He had noticed anomalies in the stock figures.

The three items in question were not on the premises.

A colleague saw a socket set and angle grinder in the boot of Mr Jennings’ car.

In reply to the judge, the witness said the socket set, angle grinder and workbench were bought on behalf of the company and may have been used for a very short time. Mr Jennings would have had his name on an account to buy supplies for use on behalf of the company.

Cross-examined by defence counsel John Temple, Mr Fitzpatrick said he didn’t recall saying that stock control was completely inadequate.

He said the three items were possibly not in his first statement to gardaí.

Judge McKiernan said there had to be proof that the accused took them and asked did he have these items in the course of his employment.

Mr Fitzpatrick said the socket set and angle grinder were witnessed in the boot of Mr Jennings’ car during the course of his employment and ‘never seen again’.

He agreed with Mr Temple that the defendant used his car in the course of his employment.

The barrister put it to him that there was no evidence Mr Jennings had been told that he couldn’t take property home with him, and asked would the employee handbook reflect that.

Mr Fitzpatrick said he was not sure. It was a big handbook.

Director, John Delany gave evidence that Mr Jennings had no permission to have items in his house. They should be in the factory workshop to which he and the accused had access.

He added their working relationship started well but ‘as it got busier it was quite stressful’.

Declan Monahan told the court that he was taking citric acid from the boot of Stephen Jennings’ car when he noticed an angle grinder and socket set. He would have used them in the plant.

This witness told Mr Temple that they weren’t hidden.

‘I didn’t report it at the time. To me it was the norm.’

Gda Adrian Rafter testified that after Mr Fitzpatrick made an allegation on 22 February 2021 about the theft of the product the company produces, he obtained a search warrant in court the next day for Mr Jennings’ house.

A workbench was seized. He returned the workbench to the company.

Cross-examined by Mr Temple, Gda Rafter said he took a statement from Mr Fitzpatrick alleging that stock, tools and a workbench were missing.

The garda agreed there was no mention of tools or a workbench in the information for a search warrant.

Counsel asked would it not have been more prudent to get an inventory before the warrant.

‘I believed time was important and had to act quickly,’ Gda Rafter replied, adding that nothing was found on a mobile phone seized.

Under further cross-examination, the officer said Brian Fitzpatrick told him in a statement that Mr Jennings was the only person who had keys to a secure storeroom.

Information sworn in an affidavit said John Delany and Stephen Jennings had keys, and Gda Rafter said there was a ‘discrepancy’ there.

Mr Temple submitted that the three items reported missing were not in the original grounding statement but only came after his client’s property was searched and he was arrested.

He continued this was a ‘deep-rooted employment issue’. There was no dishonesty whatsoever. Mr Jennings never dishonestly removed the socket set, angle grinder and workbench.

The State responded that the evidence was that the items were found at the defendant’s home and in the boot of his car.

Judge McKiernan said she had carefully considered all the evidence.

It appeared to the court that a good relationship existed, but issues arose.

The socket set and angle grinder were seen in the boot of a vehicle, but this did not cause alarm for the man who found them.

‘For theft there has to be evidence beyond reasonable doubt. I’m not satisfied it is,’ the judge said.

‘In relation to the workbench, again, I’m not satisfied it was taken in a dishonest way.’

Judge McKiernan said the court had ‘no option’ but to dismiss the charges.

A certificate for counsel was granted following an application by Mr Temple.

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