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Nwicker60
24-May-11, 13:40
Stolen phone claim doesn't ring true-sheriff


A SHERIFF has cast doubt on an explanation given by a teenager who stole a phone belonging to an Inverness solicitor, in the court building at Wick.
The solicitor, Jo McDonald, discovered her Blackberry mobile was missing after the Justice of the Peace Court rose last week. A search failed to reveal any trace of the mobile and the police began an investigation.
Officers checked the court building’s CCTV and Martin Kirk was identified leaving the courtroom about 10.20pm, Wick Sheriff Court was told, yesterday.(Tuesday)
Senior fiscal depute, David Barclay, said that the accused was seen to pick up an item from the stairwell outside the public entrance, and return to the court. He was traced, later, and handed over the phone.
Mr Barclay continued: “He told police that the mobile had the same cover as his girlfriend’s phone and he thought it was hers. When he realised it was not, he panicked and deleted all the numbers.” The phone was returned to its owner, minus its sim card and the memory.”
Solicitor Neil Wilson said it had to be conceded that much of the phone’s value had been lost.
He said that Kirk should have returned the phone once he discovered it didn’t belong to his girlfriend.
Sheriff Andrew Berry told the 19-year-old, of Gothigill Farm, Murkle, that his explanation was a "highly unlikely” scenario, coming across a phone that looked like the one his girlfriend had. He suggested that the accused, who admitted a charge of theft by finding, could have made inquiries after checking with his girlfriend, and establishing it did not belong to her.
The sheriff continued the case until June 24, to enable Kirk's story to be tested and background reports compiled.