Waterford court hears man who agreed to buy phone from online seller, stole it instead
The owner of the phone was selling it on Facebook Marketplace and had arranged to meet the defendant. Stock Image.
A 22-year-old man who arranged to buy a phone from an online seller but stole it instead has been given a second chance at Waterford District Court.
Kacper Mowak (22) of 77 Johnstown, Waterford, pled guilty to stealing the phone as well as two counts of possession of drugs.
There was some confusion in court as to the name of the defendant.
When asked by Judge John Cheatle if his name was Nowak rather than Mowak, the defendant confirmed that it was.
The judge acknowledged it was incorrect on the charge sheet.
Sergeant John Phelan told the court that gardaí received a report from the injured party that a phone she was selling had been stolen.
The injured party told gardaí that she had put the phone up for sale on Facebook Marketplace and the defendant responded.
They agreed to meet, but when the phone was handed over, the defendant ran off without paying for it.
The owner of the phone made a complaint to gardaí, who identified the defendant from CCTV.
The phone, valued at €400, was not recovered.
Acting for the defendant, solicitor Ken Cunningham said the theft was “opportunistic with some prior thought”.
He pointed out that the phone had been prepared for sale, and no personal information or photos were lost.
The solicitor said his client was 19 at the time and suffered from a polysubstance misuse problem.
But has since resolved those issues, having engaged with the Cornmarket Project.
He is about to be a father and is to take up new employment.
The court was told the defendant had no previous convictions, and his solicitor said he had pleaded guilty at the earliest opportunity.
Judge Cheatle said that since most of the charges dated back to 2022, he would give him a chance.
He ordered the defendant to pay €500 in compensation to the injured party and €200 to the court poor box.
If he does so by January 20, the matter will be struck out.
The drug offences were taken into consideration.
