Windows 95 were for houses, thief believed

A haulier who thought he was stealing house windows rather than £250,000 worth of Windows 95 software has been jailed for 18 …

A haulier who thought he was stealing house windows rather than £250,000 worth of Windows 95 software has been jailed for 18 months by Dublin Circuit Criminal Court.

Darren Kavanagh (24), of Holywell Crescent, Donaghmede, Dublin, pleaded guilty to stealing the software from Meadow Freight Ltd, Clonee, Co Meath, on three occasions in 1996 and 1997.

Det Garda Ian Ferris told Mr Justin Dillon (with Mr Erwin Mill-Arden SC), prosecuting, that Kavanagh was only paid £600 by the gang he helped to steal the first two shipments of software, valued at more than £113,568.

Kavanagh worked as a driver for a haulage company in north Co Dublin at the time. On the days of the thefts he drove to the software depot and made his way past the Meadow Freight security guard using a false name.

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On the first occasion in December 1996, he took away £70,000 of Microsoft Windows 95 software. One month later the gang struck again, and this time Kavanagh made off with software worth £43,568.

The first two consignments were taken to a premises in Shankill before being sold to buyers in Britain. The third consignment, worth £123,577, was taken directly to England by Kavanagh.

The sale was organised by an Enniskillen businessman, Dennis McEnteggart, who had already been given a five-year suspended sentence by Dublin Circuit Criminal Court.

Det Garda Ferris said that McEnteggart had his own computer business in Fermanagh but became involved with some "very serious" Dublin criminals.

McEnteggart brought Kavanagh and other gang members to the Meadow Freight depot and waited in a side road while the software was being taken.

Det Garda Ferris agreed with Mr Michael Durack SC, defending, that Kavanagh believed he was moving house windows rather that Windows 95 software.

Mr Durack said that as McEnteggart had been given a suspended sentence for his role, Kavanagh was asking the court for such leniency.

Judge Kevin Haugh said that he agreed with descriptions of Kavanagh as a timorous and nervous person. When stopped by gardai on his way back from Britain, he admitted his part in the thefts. Judge Haugh said that he did not know how Kavanagh thought that the loads were actual windows, given the manner in which they were packaged. He was motivated by greed when he stole goods in the depot a second and third time.

Being as lenient as was possible, the court had no option but to impose an 18-month sentence, Judge Haugh said. He refused leave to appeal.