A serial offender who told a court that CCTV footage of a bicycle thief was “100% not me” has been convicted and fined €750.
Andrew Murphy (39), of Rosemount Park, Dundrum, Dublin 14, had pleaded not guilty to unlawfully taking a bicycle from a bike rack outside SuperValu, Ranelagh Road, Dublin 6, on 5 January 2024.
The injured party said he had locked his bicycle outside the store and returned about 25 minutes later to find it gone, with the broken lock left behind. The bike, valued at about €500, was never recovered.
The CCTV footage was shown in court and depicted a man cycling before stopping at a bike rack and removing a second bicycle, which he wheeled away alongside him.
Garda Dylan Higgins told the court he recognised the man in the footage as Murphy, whom he knew from previous interactions over the years.
Murphy gave evidence and denied being the person shown in the CCTV footage, telling the court: “That is not me – 100 percent not me. I don’t even have those clothes”. He said he was dealing with addiction issues at the time and could not recall where he was that night.
Counsel for the defence, Michael O’Brien BL, argued that the prosecution had failed to establish a proper chain of custody in respect of the CCTV footage.
He referenced the Supreme Court decision in DPP v A McD, submitting that there was no evidence of when the footage was downloaded or whether the possibility of interference had been excluded.
He also argued that the case relied heavily on Garda recognition evidence, which carried a risk of honest mistake.
Judge Conor Fottrell rejected the defence submissions. He said he was satisfied with Garda Higgins’ evidence and accepted his identification of Murphy from the CCTV footage.
The judge said he was satisfied beyond reasonable doubt that Murphy was the person shown taking the bicycle and convicted him of the offence.
The court heard Murphy had 101 previous convictions, including 23 for theft.
Judge Fottrell said that Murphy had a significant history and a difficult past. He also noted that Murphy was attempting to move on before imposing a fine of €750, to be paid within six months. Recognisance was set in the event of an appeal.