Homeowner gives 'moving' evidence of looking late-night trespassers 'straight in the eye'
A homeowner has given “moving” evidence to a court of looking two trespassers “straight in the eye” as they attempted to break into his south Dublin home late at night and shouted at him to hand over his phone.
The witness told the court that he initially thought the noise outside was a “family of foxes”.
Madalin Lingurar (26), of North Circular Road, Dublin 7, originally from Romania, pleaded not guilty to trespassing at Sydenham Villas, Dundrum, on 1 October 2024, contrary to Section 11 of the Criminal Justice (Public Order) Act 1994.
He was convicted following a hearing before Judge Derek Cooney at Dún Laoghaire District Court. A charge of criminal damage to the front door was dismissed.
The court heard that Gardaí were called to the scene shortly after midnight on 1 October, 2024 when the homeowner reported that two men had entered his property.
When officers arrived, they stopped Madalin Lingurar nearby. He matched the description of one of the men who had tried to open the windows of the house and was arrested. A second man was also apprehended.
The homeowner told the court that he had been working late that night. “I was still writing up my notes – I work long days”, he said. “I couldn’t see through the curtains and thought it was foxes. Then I heard metal scraping against the window”.
He said he went into the hallway and could hear movement right beside the house.
“My hurley was beside me”, he said. “18 months earlier I had been attacked by people – so I was frightened. I left my thumb on my phone ready to call emergency services”.
When he looked out, he saw two men at his window – one shouting “give me your phone”.
“They were very close, looking me straight in the eye”, he said.
Mr Lingurar, who works in construction, gave evidence through a Romanian interpreter. He said he could not remember the incident because he had been drinking but insisted he was on the footpath across the street, not at the house itself.
Judge Cooney said he preferred the evidence of the homeowner, describing his account as credible and moving.
He said it must have been a “truly terrifying experience” for the victim – first thinking it was foxes, then hearing metal scraping, before seeing a man on his windowsill and another close by.
The judge noted that both men were later apprehended nearby and that the incident had taken place within a few feet of the property. He added that the year-long delay in bringing the case to court must have caused the victim significant worry.
Defence counsel, Michael O’Brien BL, said that his client works in construction and that his nine previous convictions were for relatively minor matters, including public order and bench warrant offences.
Judge Cooney convicted Lingurar of trespassing and sentenced him to four months in prison with immediate effect, setting recognisance in the event of an appeal at €300, with no lodgement required.