Man who keyed car at Donegal supermarket is ordered to pay damages or face jail

A man whose car was scraped with a key by another man told the court that he had entered Lidl in Bundoran and exited a few minutes later to find the offence being committed. 

He has not yet received any compensation. The defendant was told that he will face jail if €2,500 is not paid in full by September.

John Foley, 60 of First Sea Road, Strandhill Road, Sligo was before a special sitting of Ballyshannon District Court on Wednesday, February 18. He admitted damaging a 181-registered silver Mercedes Benz at Lidl Car Park, Bundoran on November 26, 2024. The offence is contrary to Section 2(1) of the Criminal Damage Act, 1991. 

Inspector Dermot Treacy told the court that the injured party parked his vehicle in the Lidl car park.

“He exited the shop and observed an individual keying his car,” said the inspector. “The defendant went into the shop and the injured party followed him into the store. 

“There was CCTV footage which led to the identity of Mr Foley.”

Photos of the damage were handed in to court. 

Judge Michael Connellan asked if there was any history between the men. 

The inspector replied: “No. There was an altercation in the car park but it did not involve the injured party whatsoever.”

Inspector Treacy said the cost of repairing the damage had been assessed at €4,692.73. 

Judge Connellan invited the injured party to make a statement. 

The car owner outlined that he had observed an altercation between two motorists, one of whom was entering the car park and another who was leaving. 

“I exited my car and entered the shop,” said the injured party. “I came out of the shop in two or three minutes. I observed the person who had been trying to enter the car park scratching my car. When he noticed me, he tried to go into the shop and disappear. 

“I asked him why he done it. He didn’t answer anything and was trying to avoid me. Then he ran out from the shop and sat in his car. I stood right behind his car and he started to exit. By doing that, he was pushing me with his car and observing that I was not capable of doing anything else, I let him go and he left.”

The injured party drove to Ballyshannon Garda Station, from where he was directed to Bundoran Garda Station where arrangements were made for a statement to be taken. 

When asked by Judge Connellan if he had been compensated or received any insurance payout, the injured party replied: “I did not receive any compensation. My insurer told me that it was done by human hand, not in a road accident and so they have nothing to do with it.”

He explained that the car had been repaired by a friend who works at painting cars, and he had paid the friend €2,000 while awaiting the court decision. 

Solicitor Gerry McGovern questioned the injured party’s parking position at the time. 

“You parked your car right across the other cars and caused a difficulty for people getting in and out,” said the solicitor. “You abandoned your car there and went into the shop.”

The injured party denied causing any obstruction, saying: “I was not in the way of any traffic with my car.”

Inspector Treacy said that the injured party’s parking  position in no way justified what had happened. 

Judge Connellan agreed.

Mr McGovern said he accepted that, and reminded the court that his defendant had entered a guilty plea.

He outlined that his client had suffered a significant tragedy and had never recovered. A former businessman and notable employer in the Sligo area, he had ended up unemployed following the tragedy,  despite having worked hard at his businesses, the solicitor continued. 

He had previous convictions which McGovern said reflected the actions of ‘a man who was not in his right mind.’ 

“He doesn’t control his anxiety and stress in a good way,” said the solicitor. He took it upon himself to do a horrible thing, to scrape that man’s car. For what reason I do not know.

“I think he still needs help. The man that I knew years ago was always a very respectable man, did things for people, was involved in various clubs in Sligo.”

Judge Connellan pointed out that it was 15 months since the offence was committed and no compensation had been paid. 

Mr McGovern said: “Financially he is in very poor circumstances.

The judge ordered that €2,500 be paid to the injured party if the defendant was to avoid prison.

“I accept that he had a troubled life but the injured party had nothing to do with what happened,” said Judge Connellan. “He was an innocent bystander. He has fixed his car and is now trying to sell it. 

“I can see that the defendant has issues, stress issues and anger issues.”

Foley was remanded on bail to Ballyshannon District Court on September 9 for the payment of compensation. If €2,500 is paid in full by that time, a prison sentence of four months will be fully suspended for 12 months on condition that Foley keeps the peace and is of good behaviour. 

If it is not paid, the defendant will be jailed for five months. 

“His destiny is in his hands,” said Judge Connellan. “He will get a suspended sentence if he pays the €2,500. He will face prison if he doesn’t.