Galway’s ‘most prolific burglar’ gets another 19 months

A heroin addict, whom Gardai dubbed ‘the most prolific burglar in Galway city’ back in July 2009, is still living up to his infamous reputation, six years down the road.

Judge Mary Fahy has called on the Minister for Justice to change the law – which she says is totally inadequate at present – and introduce tougher penalties at District Court level for recidivists like Jonathan Harlowe (32), a native of Seaman Drive, Riverside, with a more recent address at 14 Caislean Thorlaigh, Doughiska.

Harlowe appeared in custody before Galway District Court last week where he pleaded guilty to 28 charges of burglary and theft committed at various locations around the city between February and June of this year.  He also pleaded guilty to failing to appear before the court on two occasions in June to answer the charges, having previously obtained High Court bail.

Sentences totalling 19 months were imposed, while a suspended, three-month sentence, which had been imposed on Harlowe last September for another theft, was activated as he had reoffended during the period of that suspension.

Inspector Derek Gannon said Harlowe had 45 previous convictions.

He gave a lengthy outline of the facts relating to each charge before the court this week.  They all involved break-ins and/or thefts from various business and private premises where Harlowe took mainly cash, along with a box of cigarettes from one house.

On one occasion he was arrested after driving through a red light and a blood sample taken at the time was positive for Benzodiazepine, a form of tranquilliser prescription drug.  He was not insured at the time.

Insp Gannon said Harlowe also got prescriptions (from a doctor) using his brother’s name over a couple of months and went to various pharmacies to get drugs.

Defence solicitor, Sean Acton said his client was well known to the court over the years.

Judge Mary Fahy agreed and said everyone knew Harlowe was a recidivist.

“There are enough charges here to cover a few defendants,” Mr Acton joked.

“All I can say in his favour is that he is sorry,” he added.

He explained that Harlowe has been addicted to one type of drug or another since his late teens, that went from cannabis to heroin.

Harlowe, he said, had gone for three years completely drug-free after completing his latest rehabilitation course and was doing quite well in Dublin before coming back to Galway where he relapsed last summer, first with tablets and then with heroin.

All of the offences, he said, were committed to feed his heroin addiction.

Court clerk Breda Byron checked the court records and confirmed Harlowe had received a three-month sentence for shoplifting last September, which had been suspended at the time for two years.

Judge Fahy became frustrated that her sentencing powers did not match the number of charges before her court.

“The amount of charges he has and the sentencing laws do not justify the low threshold that I have (at District Court level).

“This is typically the type of case the Minister for Justice has been talking about; matters like this should not be accepted (by the DPP) at summary level and should be going forward to a higher court, because these people are recidivists and once they get bail in the High Court they just continue on (offending).

“Obviously, the attitude is, why bother getting a sentence for breaking into one house, when you know you will be getting the same sentence for breaking into ten houses.

“One way of dealing with this is for the DPP to direct they be sent forward for trial and, the second thing, is to change the law,” Judge Fahy said.

She reckoned Harlowe would be getting between three to five years for continually breaking into private dwellings in any other country, but he knew already that the maximum sentence the District Court could impose here was 24 months.

Given he had pleaded and there were no aggravating circumstances surrounding the break-ins as he had not confronted occupiers but had fled on each occasion, Judge Fahy said the maximum she could impose would have to be less than 24 months.

“Do people not realise we are bound by the law and it’s up to the politicians to change that law.  In my view, the law as it stands is totally inadequate to deal with recidivists like Mr Harlowe,” Judge Fahy said.

Sentences totalling 19 months were then imposed along with the activated three-month sentence.

Harlowe apologised to the people affected by his wrongdoing.

“They would be a lot happier if you just stopped,” Judge Fahy told him.