A businessman who buried a stolen 22-ton bulldozer under silage bales at a remote farm in Co Mayo has objected to the gardaí returning it to its rightful owner.
dward McAndrew (46) of Curradrish, Foxford, Co Mayo, was found guilty by a jury of handling the stolen Komatsu bulldozer after a trial in Castlebar Circuit Criminal Court.
Mr McAndrew was due to be sentenced today by Judge Brian O’Callaghan, but his attorney Diarmaid Connolly SC asked for a postponement until October as Mr McAndrew “wants to use the services of Hope House”, an addiction treatment center.
The court also learned that McAndrew’s attorney was unable to attend today’s hearing, which was a detriment to him, as he had represented McAndrew throughout the lengthy criminal proceedings.
McAndrew, pictured here for the first time, was found guilty of handling the stolen bulldozer between August 22, 2014 and May 12, 2016.
The bulldozer was reported stolen from a field in Claregalway on August 22, 2014. It was then found on May 12, 2016 by Gardaí while searching for land owned by McAndrew’s mother in Foxford.
During the search, a garda stood on silage bales and saw a yellow color break through the ground. The silage bales and soil were removed, exposing the stolen bulldozer.
McAndrew denied that the machine was stolen, claiming it belonged to him and that he bought it in the UK.
He told Gardaí that the 22-ton machine was subsequently stolen from him, and he later found out it was in Claregalway. So he arranged for it to be returned to his mother’s land in Foxford.
During the trial, the investigating garda told the court that when the bulldozer was discovered, McAndrew called him from the UK and threatened to sue him if he moved the machine. He said he would provide documents to substantiate his claim of ownership, but this never happened.
On March 23, 2017, McAndrew was arrested and under questioning said he buried the machine because it was the only place it was safe.
Patrick Reynolds SC, on behalf of the DPP, said the stolen bulldozer case was of “some age” involving two lawsuits and at this point the investigating gardaí feared the case would be settled.
“Only recently did the defense object to returning the vehicle to its owner,” he said.
Mr Reynolds said McAndrew, through his counsel, had written to Gardaí saying he still had certain rights to the bulldozer, and his sentence had not yet been completed.
Defense attorney Diarmaid Connolly BL told Judge O’Callaghan McAndrew had the right to refuse the return of the bulldozer as he still has constitutional rights after his conviction pending an appeal.
Judge O’Callaghan said he was concerned about a recent probation report to the court that said McAndrew “did not present in an open and forthcoming manner” and refused to postpone sentencing until October.
He sent McAndrew back on bail until his conviction on July 26. Judge O’Callaghan said there was no need for an updated probation report.
McAndrew was the victim of a brutal attack in 2017 in which he was attacked by men claiming to be members of the Continuity IRA who beat him with iron bars, demanded money and robbed him at a remote location in Co Louth.
William Twomey (58), with an address in Havelock Place, Warrenpoint, Co Down, was found guilty in December 2017 of theft, assault and demanding money with threats from McAndrew in Co Louth.
In the no-jury trial, McAndrew gave evidence that he begged his assailants to shoot him, so brutal was the beating he received.
McAndrew had been lured into a meeting with his assailants under the assumption that he would buy machines supposedly worth $85,000.