Excuse an ‘absurdity’

Press, 22 June 1989, Page 34

Excuse an ‘absurdity’

A young man’s explanation that he entered two flats late at night, intending just to have a look around, was a “manifest absurdity” Judge Erber said in the District Court yesterday. He convicted Peter Lawrence Drain, aged 23, of charges of entering the two Colombo Street flats, with intent to commit a crime, on February 20.

Drain was sentenced to four months periodic detention and ordered to pay $6OO restitution to one flat occupier for property he stole, and $4OO to the occupant of the other flat for a washing machine he took.

Evidence was that Drain, with a woman friend, had called at a nearby flat earlier in the day to visit friends. They noticed one complainant’s flat was unsecured and returned about 11 p.fn. They took property including a heater, skis and poles, bedding and a bicycle. They then entered an upstairs flat, taking the washing machine. The items were taken away in Drain’s car.

Drain, who denied the charges, contended they had entered the flats initially just to look around, and not to take anything. Only later did they decide

to steal some property. His counsel, Mr Erno Bedo, submitted there was no evidence that Drain had entered the premises intending to commit a crime. The Judge said he rejected Drain’s explanation of entering the flats out of curiosity. This was even more absurd in the case of the second flat he entered. The Judge told Drain that entering people’s premises was a very serious matter. Had he had previous convictions for theft he would have been jailed. Sergeant John Dwyer appeared for the police.