Murder victim's partner spared jail for attempted theft from man at ATM
The partner of an innocent gangland murder victim has been spared jail for trying to steal cash from a man at a city centre ATM.
Angeline Power (26), whose partner Martin O'Rourke was gunned down in a case of a mistaken identity three years ago, was given a six-month suspended sentence for attempted theft.
She also admitted public order offences after verbally abusing gardai who caught her smoking heroin in public.
Suspending the sentence, Judge Michael Walsh said he was "disappointed" to see Power in court and although she was attending counselling to deal with the loss of her partner, she had not dealt with her drug problem and continued to re-offend.
Mr O'Rourke, the father of her three children, was shot in the north inner city as part of the ongoing Kinahan-Hutch gang feud on April 14, 2016.
Dublin District Court heard that on July 14 last, Power attempted to steal €50 cash from a man at an ATM at Camden Street, after he had made a withdrawal.
Separately, gardai on patrol at Foster Place, Dublin 2, on November 28, 2017, saw Power smoking heroin off tinfoil in full view of the public. She failed to stop and was arrested.
The next day, she was found in the same place, again openly smoking heroin.
Gardai went to speak to Power at Foster Place and she became verbally abusive, shouting profanities while members of the public were present.
Power had suffered from a significant drug addiction in her young life, her solicitor Kelly Breen said.
Her partner was "unfortunately killed in a case of mistaken identity" in Sheriff Street three years ago, Ms Breen said.
Power had attended drugs treatment but found herself using heroin again. She had since returned to live with her mother and was interested in getting training in childcare.
"Parallel to all that, she continues to re-offend," Judge Walsh said. "She can't have it both ways."
The judge noted what had been said about the "awful incident that happened in Sheriff Street" and added he had dealt with the accused before.
"I'm disappointed to see you back again, Ms Power," he said. "The problem is, you continue to offend and I'm not convinced you have taken any steps to deal with your drug addiction."
He said she had the court's sympathy and he would suspend the sentence but warned if there was any breach of her bond, she would be jailed.
He suspended the sentence on condition Power keeps the peace, is of good behaviour and attends a clinic to deal with her drug addiction.