Wednesday, October 8, 2014

Judge describes a case of 'beer in - brains out' after Teesside University’s cleaning machine theft


The drunken theft of a floor cleaning machine has been described as a case of, “beer in - brains out,” by a judge.


Teesside Crown Court heard how the foolish theft took place on the night of Thursday, February 20 this year.


Mark Kowaltschuk, 34, and Joel Anthony Sallery, 24, had been out drinking at Teesside University’s Student Union on Southfield Road, Middlesbrough, when the pair decided to make off with one of the university’s industrial floor cleaners.


University staff were alerted by a customer that two men had left the building with the distinctive orange machine and staff confronted the drunken duo after spotting them running up Southfield Road with it.


Prosecutor Laurie Scott said: “They saw two men running away up the road pushing the machine. The males were taking it in turns to run at the curb with the machine - smashing it into the curb.


“One of the males fell over taking the machine with him.


When staff challenged the men, one of them said: “What are you doing? That’s mine.”


Ms Scott said there was some threatening behaviour, the members of staff had felt intimidated and used a radio to call for assistance.


“When the radio was produced, the two men ran off,” she said.


CCTV footage showed the pair making off with the machine however they weren’t identified until Wednesday March 12 when they returned to the Students Union and were recognised by staff - police were called and the men were arrested.


Neither of the men said they could remember anything of the evening.


Judge Howard Crowson, said: “I don’t for a second believe this was a planned theft, you headed to the Student Union because the beer was cheap and you drank too much of it and you behaved in a very foolish way.


“It’s a case of beer in - brains out. It seemed like a good idea at the time,” he said but added that being drunk did not mean the men were unable to form an intention to steal.


The university declined to give a victim impact statement on the grounds that the stolen £6,000 machine was still in working condition.


Rebecca Brown, defending asbestos removal supervisor Kowaltschuk, said the dad earned £40,000 a year and worked in various parts of the country.


Ms Brown explained that the Crown no longer believed that this was a “professional planned offence”.


John Nixon, defending Sallery, who works fitting eco-friendly equipment, said his client expressed remorse and regret.


Kowaltschuk, of Cecil Street, Manchester, who had pleaded not guilty but was found guilty in a trial, was sentenced to a community order with 80 hours’ unpaid work and £500 in costs.


Sallery, of Beechway, Liverpool, who pleaded guilty at the first opportunity, was given a community order with a four week curfew from 8pm until 6am and was ordered to pay £85 in costs.



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