Judge Angela Condon was speaking at Listowel District Court after charges of making gains causing loss or deception were brought against Jamie Norman and Sandra Fitzgerald of 4 Patrick’s Court, Listowel – following an incident at William’s Court, Listowel on August 7th, 2015.
The owner of William’s Court Apartments, Mr Ben Breen, told the court he disposed of domestic rubbish collected in six wheelie bins for occupants of the apartments every Friday.
On August 7th, 2015 he said the wheelie bins – which could be accessed via an electrified combination back door – were very full.
Mr Breen said CCTV footage showed someone gaining entry over the wall, opening the door for another, and garbage brought in, in trolleys.
Mr Breen said he had to take this rubbish to a disposal facility and reported the incident to the Gardaí.
Solicitor Pat Enright said his clients accepted the CCTV footage but thought they had permission to enter. He said they’d spoken to another occupant of the apartments who allegedly told them they could dispose of their rubbish in his bin.
Mr Enright said the door code this occupant gave them didn’t work – so one of them climbed over the wall to gain access and let the other in.
Judge Angela Condon said common decency should have been at play and Mr Breen was left picking up someone else’s rubbish.
She dismissed the charges against Jamie Norman and Sandra Fitzgerald but said, “these people should have known better”.