A man whose companion died in custody while they were both remanded in a Garda station for allegedly unlawfully taking a car has been given a suspended sentence by Judge Desmond Hogan at Dublin Circuit Criminal Court.
Noel Hudson (20), Seán O'Casey Avenue, pleaded guilty to unlawfully taking a car on June 2nd, 2005. He had 60 previous convictions.
Noel Devitt, prosecuting, told Judge Hogan that the car had been stolen from a woman who had multiple sclerosis. She had the car adapted for her use and was left with no means of transport when it was stolen.
Garda Tadhg O'Leary agreed with Cormac Quinn, defending, that Hudson's friend, Terence Wheelock (20), Summerhill, was also arrested on suspicion of taking the car and he died in custody while on remand in Store Street Garda station.
Judge Hogan said he was concerned about Hudson's "propensity to reoffend" but he took into account that he had both an alcohol and a drug problem.
He sentenced him to 12 months in prison which he suspended on condition that he keep the peace and be of good behaviour for two years.
Garda O'Leary told Mr Devitt that he was called to a house on Seán O'Casey Avenue where he found Hudson and Wheelock and two other men sitting in a stolen car in the back yard. They were revving the engine and playing the radio.
It was not the State's case that Hudson and two other man had stolen the car.
As soon as they spotted the gardaí, all four men ran from the car but after being chased on foot, they all stopped and handed themselves over to gardaí.
Garda O'Leary accepted Mr Quinn's suggestion that Hudson had been badly affected by the death of his friend which he said was still under investigation.
A third defendant was still being dealt with in the courts and he was not aware of the status of the fourth man.
Mr Quinn told Judge Hogan that his client's mother died of cancer in 2001 and said that Hudson had an alcohol problem which led him to criminal activity and resulted in his "appalling criminal record".