Businessman who stole €77k BMW warned he faces prison unless company compensated

A businessman who stole a 7-series BMW car valued at €77,656 has been told he faces a prison term unless he makes a significant compensation offer to the company who owned the car.

John Harding, 58, appeared at Letterkenny Circuit Court where he pleaded guilty to the single charge under the Theft and Fraud Offences Act.

Harding, with an address at Gweedore Road, Dungloe, Co Donegal, appeared before Judge John Aylmer.

He is charged on July 16, 2019 that he did steal property, to wit a BMW 7 Series to the value of £65,640 (€77,656) the property of BMW.

Garda Shane O'Gara of Dungloe Garda Station outlined the background to the case.

He told how Harding was stopped in Dungloe driving the car, which was not taxed or insured and had not been cleared by customs.

When further checks were made, it was discovered that the vehicle had been reported stolen by BMW Financial Services in July, 2021.

The court was told that Harding had originally made a £10,000 Stg deposit on the car and had started repayments having signed documents on January 19, 2018.

However, this lease agreement was terminated on April 12, 2019 due to non-payments, repossession agents were engaged to recover the car but it could not be found.

Barrister for the State, Mr Fiona Crawford, BL, said there was still a balance of €65,800 owed on the car.

In July, 2019, Harding contacted solicitors acting for BMW saying he was in Spain, that the car had been in an accident and that it was a write-off.

However, on May 3, 2022, the car was reported as found to the PSNI by An Garda Siochana after a 'stolen marker' had been placed on it.

Garda O'Gara told the court how they had seized the car in Dungloe on the day Harding was stopped and that it had remained in Garda custody since.

However, the car's value had diminished considerably and it was now valued at €5,800.

Garda O'Gara said there will now be a police property application and it will be offered back to BMW.

Called into the witness box by his barrister, Mr Peter Nolan, BL, the accused man outlined the circumstances to him not being able to make the repayments.

He told how he had been running a number of pubs in England but that his marriage had broken down and his bank accounts had been frozen.

He said he could not pay his staff or run the business and he packed his car and left to move back to Dublin where he was born and lived until he was 18.

He found work in hotels, but was living out of his car, before finally renting an apartment which was very expensive and he finally left Dublin and arrived in Donegal.

He first became manager of the Wild Atlantic Hotel in Dungloe and is now the General Manager of Sweeney's Hotel in Dungloe.

Mr Nolan put it to his client that the story about the car being crashed in Spain was a lie and Harding confirmed it was a lie.

He said that when he lost his wife and kids, he began drinking and that he simply "made up a silly story that wasn't true."

Mr Nolan asked his client that if there was now an option to pay back BMW, would he negotiate with them on what is due. Harding confirmed he would.

When pressed on the sum, Harding suggested he could have €6,000 in six months to repay.

However, Judge John Aylmer said it was a rather complicated matter going back to BMW and asked if he was in a position to pay back money by saving it.

The Judge added that he would have been much more enthusiastic with Harding if he had arrived in court with a sum of money which he could offer to BMW.

He added that he was adjourning the case until the next circuit court sitting in Letterkenny in May adding it as certainly a case of theft that merited a custodial sentence.

Judge Aylmer said that Harding made a very conscious decision not to return the car to BMW which he well knew he only had on a higher purchase situation adding: "it was a completely deceitful approach to the matter”.

Mr Nolan replied to Judge Aylmer that he would be anxious to avoid a custodial sentence for his client and that he will address him again in full when the case resumes in May.