A 53-year-old Sligo man has been sentenced to two years and three months in prison following a complex case linked to a stolen tractor and plant machinery.
Noel Muldoon of Cluid, Ballymote, was found guilty by a jury on three separate counts following a four-day trial at Sligo Circuit Court.
Muldoon was found guilty of having in his custody or under his control, a false Vehicle Identification Number (VIN) plate with the intention of inducing another person to accept it as genuine, at Cluid, Ballymote on the 11 August 2016.
He was also found guilty of two counts of having custody or control of a false VIN plate at Cluid, Ballymote on 11 August 2016 and at Rathdooney More, Ballymote on 7 May 2019.
Muldoon was found not guilty of one count relating to having a false VIN plate on 7 May 2019.
The trial centred on evidence found during garda searches carried out at two properties in south Sligo, on 11 August 2016 and 7 May 2019.
During the search in 2016, retired Garda Eugene O'Sullivan established that a VIN plate found at Muldoon’s property matched that of a New Holland tractor belonging to a farmer in the UK.
The farmer, who still has the tractor, told the court that he had not given anyone permission to use it.
During an investigation, the PSNI recovered a New Holland tractor in Fermanagh stolen in the UK which bore a false vehicle identification number almost identical to one found in Muldoon’s house.
The court heard that there was no suggestion that Muldoon had any role in the theft of the tractor.
An employee of Chase New Holland told Sligo Circuit Court that the VIN labels found at Muldoon’s property were not genuine, following an examination.
During a later search on 7 May 2019, gardaí found a 13.5-ton orange Hitachi excavator which, when examined, it appeared that the VIN plate was freshly painted.
Detective Garda Eugene O’Sullivan used cotton wool to apply acetone to the VIN plate on the excavator and after several strokes the paint came off.
The court heard factory applied paint should not remove that easily.
A representative of Hitachi UK who examined the VIN plate said it was not genuine.
Detective Garda Patrick Naughton of Ballymote Garda Station, who led the investigation, outlined to the court that Muldoon had 25 previous convictions in Ireland and the UK.
The offences dated back to 1990. They included handling stolen property, possession of stolen property, public order, theft, assault and driving offences.
The court heard the maximum sentence for one count was ten years and that the maximum sentence for both counts two and four was five years.
Senior Counsel Colm Smyth with Keith O’Grady BL instructed by McGovern and Walsh solicitors appeared for Muldoon while Senior Counsel Lorcan Connolly with Leo Mulrooney BL with State Solicitor Ms Elisa McHugh were prosecuting for the state.
Plea for leniency
Muldoon told the court that he accepted the verdict of the jury and that he was "trying to turn his life around".
"I wasn’t an angel when I was a young fella. I am not trying to come across as the bishop…I have made stupid mistakes," he said.
He told Judge Dara Hayes that he set about turning his life around after he was shot three times in 2014 by a gang who wanted him "to do things that he didn’t want to do".
The court heard he works in the construction industry and that he owns five companies, of which two are active, Black Briar Plant Hire and Euro Track Trading Limited.
Muldoon told the court that he was shocked when did didn’t get "a week or two bail" as he’s the "sole person in charge of everything" with the companies.
Mr Leo Mulrooney questioned Muldoon about his annual income. He responded that it changes from time to time and that he could not provide an approximate income.
He told the court that he was a family man, adding that he has two adult sons and three grandchildren while his own parents are growing older. He asked the judge for leniency.
A friend of Muldoon, who was the victim of sexual abuse when he was younger, described the support he received from Muldoon.
Senior Counsel Colm Smyth provided the court with a number of statements from the accused’s sister and his sons.
Mr Smyth said while Muldoon’s record was "certainly not pristine," that he accepted the jury’s decision and that no economic loss demonstrated in the case.
Aggravating factors
Judge Hayes said the aggravating factors in the first charge included the possession of false VIN plate, the effort made to hide it from gardaí, the intent to conceal the identity of a stolen tractor and the committing of an offence during the period of a suspended sentence.
In respect of the second and fourth charge which concerned the possession of a false instrument on two different dates in 2016 and 2019, Judge Hayes alluded to the serious nature of the offending and the relevance of previous convictions.
Judge Hayes acknowledged Muldoon’s acceptance of the jury verdict, his show of remorse, his work history and his contribution to the life of his family.
Judge Hayes noted Muldoon sought a suspended sentence and he said this may have been an option if there were no previous convictions; however, he had four previous suspended sentences.
He referenced previous convictions including a suspended sentence given for the possession of a stolen tractor.
Judge Hayes said Muldoon offered a charitable donation as an expression of his remorse; however, he said such payments cannot override need for custodial sentence where one is required.
Judge Hayes sentenced Muldoon to three years and six months in prison with the final 15 months suspended, resulting in a 27-month prison sentence.
